Sri. Apurba Kr. Ghosh          ……….President

The Complainant has filed this case against the O.P. under the provisions of Consumer Protection Act and praying for the following order / reliefs :-

1. Directions against the O.P. to pay a sum of Rs. 2,00,000/- (Rupees Two Lakh) only to the Complainant towards deficiency in service on the part of the O.P.
2. A strict order/ direction to the Company in particular the agent or person entrusted to take the meter reading in presence of the Complainant or any of her family member on scheduled dates and handover the digital bill to the Complainant.
3. Cost of the legal proceeding
4. Any other relief/ reliefs to which the Complainant is entitles as per law and equity.

BRIEF FACT OF THE COMPLAINT

1. The Complainant is a bona fide consumer under the West Bengal State Electricity Distribution Co. Ltd. bearing Consumer ID No. 412023891 and meter no. SF604018 installed in residential premises situated under Dist Darjeeling , Pin 734001, 71 Ramakrishna Road, Ashram Para Post Office.
2. Since the Electricity connection has been allotted the Complainant complied with all possible and reasonable requisitions made by the WBSEDCL and have paid all bills alleged by the Company within the stipulated period.
3. That the complainant noticed that the last couple of billing period the bill so raised and units consumed are showing up and are abnormally high, whimsical, a list of the last bills so raised by the WBSEDCL are stated in the Complaint.
4. That the person/agent of the O.P. never takes the reading of the meter in presence of the Complainant or any of her family members nor the agent handed over the bill to the Complainant and the agent print the Bill and threw in the half landing of the stair case where the electric meter is installed.
5. That on 05.12.2019 the Complainant found an electric consumption bill drawn on 05.12.2020 for the billing period ranging from December 2020 to February 2021 amounting to a sum of Rs. 26,069/- (Rupees Twenty Six Thousand Sixty Nine) Only and the bill dated 05.12.2020 reflected that, previous meter reading on 04.09.2020 to be 68,875 units and the reading taken on 05.12.2020 to be 71,673 thus the units consumed as per bill dated 05.12.2020 stood at 2798 units.
6. That the Complainant on receipt of the Bill checked on the meter and found that, the meter reflected a reading which had not reached a reading which had not reached 70,000 units where as in the bill it reflected 71,673 units and the agent of the O.P. had remarked “Door Locked/ Premises in accessible” though the Complainant, her husband, son , daughter-in-law , granddaughter are at their house and the remarks of the agent of the O.P. was false.
7. That, the O.P. informs through SMS to the complainant as to the meter reading date and in the case of the complainant the meter reading was scheduled to be taken between 26.11.2020 and 01.12.2020 but the agent went on 05.12.2020 and the agent never turns up on the scheduled dates.
8. That, the Bill dated 05.12.2020 reflected the date by which the amount was payable was 15.12.2020 however the meter reading not being in parity to the bill and the Complainant by hand served a notice addressed to the Station Manager, Customer Care Center, WBSEDCL, Hakimpara, Dist.- Darjeeling dated 15.12.2020 which was duly received on that date stating that the electricity meter was faulty for which abnormal reading was reflected and the Complainant requested for installation of a “Check Meter.”
9. That Despite receiving notice the Company did not take any initiative to install a check meter in the premises of the Complainant on the Contrary sent SMS in the cell phone asking to pay Rs. 14,825/- (Rupees Fourteen Thousand Eighty Hundred Twenty Five) only within  first due date 08.01.2021.
10. That no person of the O.P. took the meter reading nor any bill was handed over to the Complainant but the Complainant visited the Hakimpara Kiosk on 06.01.2021 and paid Rs. 14,825/- (Rupees Fourteen Thousand Eighty Hundred Twenty Five) only but no bill for the period of December 2020 to February 2021 was given and only one computer generated money receipt was given to the Complainant.
11. That, the Complainant took a photograph of the meter reading on 11.01.2021 when meter reading was 70,747.3 units which clearly disclosed that, the units reflected in the meter was fluctuating.
12. That, the bill raised by the Company varied between Rs.7000/- (Rupees Seven Thousand) only to Rs. 10,000/-(Rupees Ten Thousand) only but there was abnormal hike in the given period though no major electric appliance being installed or electricity being consumed in excess.
13. That the Complainant approached the O.P. for the said problem but the O.P. paid no heed to that and the conduct of the O.P. in raising the inflated bill have prejudiced the Complainant financially and the said mental pain, agony by the O.P. cannot be compensated and the said deficiency in service of the O.P. needs to be Compensated.
14. That, the Complainant availed services from the O.P. by paying bills and charges but the O.P. has miserably failed to render proper service and the O.P. along with its agent induced the Complainant to pay huge amounts by raising inflated bills which resulted in financial loss, damages harm to the mind, body and reputation of the Complainant as well as her family.
15. That the conduct of the O.P. caused a great deficiency of service on the part of the O.P.
16. That, the complainant is a Consumer within the meaning of the Consumer Protection Act and the cause of action arouse first in the year 2007 when the Company was taken over from the WB State Electricity Board, they on such date when agents were employed to take meter reading and generate spot billing, on various dates when such billings were done in absence of the Complainant and further the bill was not handed over to the Complainant, on 05.12.2020 when the bill in question amounting to Rs. 26,069/-(Rupees Twenty Six Thousand Sixty Nine) only was raised, then on 15.12.2020 when the Complainant vide a notice demanded for installation of a check meter in the premises, then on 30.12.2020 when an SMS was sent demanding a payment of  Rs.14825/- (Rupees Fourteen Thousand Eight Hundred Twenty Five) only , then on 06.01.2021 when the said amount of Rs.14825/- (Rupees Fourteen Thousand Eight Hundred Twenty Five) only was paid but no bill was issued to the Complainant and only a money receipt was given and the cause of action still continuing.
17. That, the acts and omissions of the O.P. in failing to render services as had been assured on receipt of charges proves the gross deficiency in service of the O.P. and for which the O.P. is liable to compensate the Complainant to the extent of the losses suffered by her.

Ld. Advocate of the Complainant files the following documents :

1. Screenshot of SMS reflecting meter reading is scheduled between 26.11.2020 and .1.12.2020 (Document No. 1)
2. Bill Dated 05.12.2020 for the period December 2020 to February 2021 amounting to Rs. 26069/-   Document No. 2)
3. Received Copy of Complaint and/or notice dated 15.12.2020 by the Station Manager, Customer Care Centre, WBSEDCL (document No. 3)
4. Screenshot of SMS regarding bill amounting to Rs. 14825/- (Document No 4)
5. Money Receipt date 06.01.2021 of Rs. 14820/- (Documents No.5)
6. Screenshot of SMS with regard to payment of 14820 (Document No. 6)
7. Photo Print out of Meter no. SF604018 reflecting 70,747.3 units clicked on 11.01.2021 (Document No. 7)
8. Bill and money receipt for the billing period Sept 2019 to Nov 2019-1458 units amounting to Rs. 12,871.00 (Document No. 8)
9. December 2019 to February 2020- 2676 units – Rs. 24868/- (Document No. 9)
10. March 2020 to May 2020 – 1313 unit- Rs. 11,440/- (Document No. 10)
11. June 2020 to Aug 2020- 1263 Unit – Rs. 10,942/- (Document No. 11)
12. Sept 2020 to Nov. 2020- 2585 Units – Rs. 23971/- (Document No. 12)
13. Aadhar Card being No. 243682903104 in the name of Nitu Basak (Document No. 13)

Notice was sent from this Commission. On receipt of notice the O.P. appears before this Commission through Ld. Advocate, files written version, denied all the material allegations of the Complainant. The O.P. in their written version has stated that, the Complainant has no cause of action to file this case and the Complainant paid all the bills  without any protest including the disputed bill for the period since December 2020 to February 2021 and the payment was made on 06.01.2021 prior to filing of this case. It is further alleged by the O.P. that, the claim of the Complainant is barred by law of waiver and acquisance and the door lock bill dated 05.12.2020 was rectified by a bill dated 29.12.2020.  It is further stated in the written version that, the Complainant made no complaint against any consumption of bill before the Grievance Redressal Officer or Central Grievance Officer of licensee and ombudsman as per regulation no. 3.5.1 of the West Bengal Electricity Regulatory Commission. It is also stated by the O.P. that, the bill dated 05.12.2020 had been reversed from the system and rectified bill was generated vide bill dated 29.12.2020 with reading 70518. The O.P. has also stated that, on receiving the notice dated 15.12.2020 of the Complainant the O.P. took initiative for inspection and on the basis of meter reading new bill was generated on 29.12.2020 of   Rs. 14825/- (Rupees Fourteen Thousand Eight Hundred Twenty Five) only and the same was informed to the Complainant through SMS. It is also stated that, meter inspection was done and they find the meter was found okay and based on actual physical meter reading the bill was rectified and as such there was no need for issuing a check meter. By filing the written version the O.P. prays for dismissal of this case on the grounds that, there was no deficiency in service on their part.

Having heard the Ld. Advocate of both the parties and perusal of the written version evidence of the parties including the documents the following points are to be considered by this Commission.

POINTS FOR CONSIDERARTION 

1. Whether the complainant is a consumer?
2. Whether the case is maintainable under the C.P. Act 2019?
3. Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
4. Is the Complainant entitled to get any award and relief as prayed for as per the prayer of her Complaint?

Decision with Reasons

All the points are taken up together for discussion to avoid unnecessary repetition and for sake of convenience and brevity of this case.

In order to prove the case the Complainant has filed written deposition in the form of an affidavit. She also filed the documents as sated above. In the written deposition the complainant has specifically corroborated the contents of the Complaint and she has also stated that since when the meter was installed in the premises of the complainant and how the agent of the O.P. took meter reading, prepared electric bill. She specifically stated that She is aged about 66 years, her husband is aged about 81 years, her son is 39 years, daughter in law is 34 years and granddaughter is 16 months old and they were all along present in the premises but the agent of the O.P. without visiting the premises of the Complainant remarked “Above estimated reading due to door lock/premises inaccessible” and the said remark is not at all correct. In the written deposition , on oath the complainant has stated that the meter reading was scheduled to be taken between 26.11.2020 & 01.12.2020 but the agent of the O.P. as if went there on 05.12.2020 but actually the agent never turns up on the scheduled date and latter generates a bill by giving false remarks. The complainant in her evidence has also specifically stated that the bill dated 05.12.2020 reflected the date by which the amount of Rs.26,069/- was payable was 15.12.2020 but the meter reading was not being in parity to the bill and then the complainant on 15.12.2020 served a notice addressed to the Station Manager, Customer Care Centre, WBSEDCL, Hakimpara, Siliguri, requesting for installing a ‘Check Meter’ but the O.P. took no initiative for installing the same and without making any reply the O.P. sent SMS in cell phone of the complainant asking to pay Rs. 14,825/- within 08.01.2021 and the same was duly paid by the complainant on 6/01/2021 . The complainant has also specifically corroborated her complaint on the fact that she took a photograph of the meter reading on 11.01.2021 and found the meter reads 70,747.3 units which clearly proves that the meter reading taken by the complainant on 11.01.2021 which clearly reflected in the meter for the said period of time are highly fluctuating and unpredictable. The complainant in her written deposition as well as in her written notes of argument, specifically stated that the complainant being a consumer under the O.P. and the O.P. is under statutory obligation to provide proper service to the complainant and to redress her grievance but no electricity bill was given to the complainant on 06.01.2021 when the complainant receiving the SMS of the O.P. paid the sum of Rs. 14,825/- and only a money receipt was given.

At the time of hearing of argument Ld. Advocate of the Complainant has further argued that they have already filed written argument and also files their documents in support of the case. He argued that the complainant has been able to prove the case against the O.P. and the complainant has proved the deficiency in service on the part of O.P. who by engaging agent extort excessive amount of bills from the complainant without taking any meter reading in presence of the complainant. He further argued that, through SMs the OP intimate the customer about the date of meter reading but deliberately without going to the premises issued fake bills by assigning false remarks which is nothing but the deficiency in service on the part of O.P. He also argued that by sending notice the complainant requested the O.P. for installation of a Check Meter but the O.P. despite receiving the Notice took no initiative for installing the check meter in the premises of the complainant.

To falsify the case of the complainant the O.P files evidence as well as written argument. During argument Ld. Advocate of the OP submits that the Complainant has miserably failed to prove the case against the OP and the complainant had no cause of action to file the instant complaint. He also argued that there was no cause of action and the complainant did not disclose any cause of action or any loss or any sufferings against the O.P. He further argued that the claim of the complainant is barred by law of waiver and acquisance as the complainant paid the electricity bills on 06.01.2021 for the billing months Dec 2020 to Feb 2021 without raising any objection. It is also argument of the O.P. that the complainant never rushed before the Grievance Redressal Officer or the Central Grievance Officer of the Licensee or before the Ombudsmen as per regulation no. 3.5.1 of the West Bengal Electricity Regulatory Commission.

It is also argument of the OP that the consumption bills are raised on spot billing as per WBERC regulations and for the spot billing there is no need to note down the meter reading on any card or book or at the similar document in the premises of the Consumer vide Regulation 3.1.1. He further argued that, the bill dated 5.12.2020 has been reversed from the system and rectified bill was generated vide bill dated 29.12.2020 with reading 70518, it is also the argument of the OP that, after receiving the notice from the complainant on 15.12.2020 regarding faulty electricity consumption meter and abnormal reading an inspection was done and on the basis of reading (70518 units) new bill was generated on 29.12.2020 of Rs.14, 825/- and the same was informed through SMS. Further argument of the OP is that a meter inspection was done, meter was found Ok and that’s why further issuing check meter does not arise and WBSEDCL Kiosks are exclusively for payment purpose and not for the bills to be handed over to the consumer and copy of the bills can be fetched through the official WBSEDCL website. It is also the argument of the OP that the SMS information is as per WBERC regulations and it is an expected meter reading date of next biling cycle system generated message. By filing written notes of argument Ld advocate of the OP argued that, the complainant has failed to prove its case and there was no deficiency in service on the part of the OP and he praying for dismissal of this case.

Having heard the Ld. advocate of both the sides and on perusal of the complaint, written version, documents filed by the parties, their evidence, written notes of argument it is admitted fact that the complainant is a consumer under the WBSEDCL. It is also fact that, the complainant find an electricity consumption bill drawn on 5.12.2020 for the billing period from December 2020 to February, 2021 amounting to a sum  of Rs.26,069/-. It is also admitted fact that, the bill dated 5.12.2020 reflected the previous meter reading was taken on 4.9.2020 shows 68,875 units and the meter reading taken on 5.12.2020 to be 71,673 units i.e. units consumed stood at 2,798 units. But it is not denied on the side of the OP that, the document 7 of the complainant shows that, on 11/01/2021 the meter reads 70,747.3 units. The op has failed to substantiate or explain how their agent took meter reading on 5.12.2020 and how drawn bill by assigning reading as 71,673 units on 5.12.2020 since when after more than one month i.e. on 11.01.2021 meter shows 70,747.3 units. It is further admitted fact that, the Op informed the complainant through SMS that the meter reading scheduled to be taken between 26.11.2020 & 01.12.2020 but no agent of the Op took the meter reading between 26.11.2020 & 01.12.2020. The Op has also failed to explain as to why the agent of the OP take no such meter reading within the scheduled period.

It is further admitted fact by the Op that, after getting bill dated 5.12.2020 the complainant served a notice addressed to the Station Manager, Customer Case Centre, WBSEDCL, Hakimpara , Siliguri on 15.12.2020 asking for installation of a “Check Meter”. But despite receiving the said notice of the complainant the Op neither make any reply nor install any Check Meter. It is also not explained in this case by the Op as to what prevented them from installing a check meter in the premises of the complainant for a reasonable period as there is specific Rules in this regard.

 The Op in their written notes of argument claims that, the bill dated 05.12.2020 had been reversed from the system and rectified bill was generated vide bill dated 29.12.2020 with reading 70518 units.

 But it is not the case of the Op that, the alleged rectified bill was handed over/ supplied to the complainant. Mere generation of new bill does not ipso-facto absolve the liability of the Op unless and until the rectified bill is served or handed over the Consumer.

In this regard it is needless to mention here that, rectification of a bill does not waive wrong committed earlier and does not absolve the liability.

 It is also objection of the op that, the meter reader could not able to take due to door lock and the meter is above eye level and meter reader usually take a table from the consumer and took meter reading. But in fact the electricity meter is/was not installed by the consumer but by the OP and neither it is possible for the consumer to install the main meter at any place as per their whims/choice. In the case is hand the plea of the OP about the installation of meter above the eye level is such a plea which has no leg to stand.

Considering all we are of the view that the complainant has been able to prove her case against the Op and there was deficiency in service on the part of the OP and in particulars the agent of the OP and the complainant is therefore entitled to get relief.

 Hence,

               It is therefore,

O R D E R E D

That the instant Consumer Case being is No 04/2021 is herby allowed on contest but in part.

 The Op is directed to pay a sum of Rs. 5,000/-(Five Thousand Rupees) only to the complainant for deficiency in service on the part of the OP. The op is further directed to pay a sum of Rs. 5, 000/- (Five Thousand Rupees) only to the complainant towards cost of the legal proceedings. The op is also directed to pay a sum of Rs. 2,000/-(Two Thousand Rupees) only to the Consumer Legal Aid Account of this Commission. The OP is also directed to take meter reading in presence of the complainant or in presence of any family member within the scheduled dates and to hand over the digital bill to the complainant.

 The Op is directed to pay the awarded amount of money within a period of 45 days from this day failing which the op will have to pay interest @ 7% per annum with effect from this day till making payment of the entire amount.

                        The complainant may file execution case in default of payment by the OP.

 Let s copy of this order be given to the parties free of cost.