This appeal is directed against the final order delivered by Ld. DCDRF, Malda dated 08.02.2021 in cc No: 85 of 2019.

The fact of the case is that the complainant being cultivator, got an electric connection in  his agriculture land from the OP company in the year 1992.

That the connection was provided for agricultural purpose and as per version of the officials of the respondent company the electric connection is within the scheme of STW.

That  at the initial stage complainant used to pay Rs. 7,000/- per year as electric bills, but no meter was installed against the connection. That in the year 2008 meter was installed by the officials of WBSEDCL but no yellow card or recording book was handed over to the complainant.

That the complainant was very regular regarding payment of electric bills.

That to extract dues of all consumers the WBSEDCL every year in the month of November disconnect electricity of all consumers and after realization of dues reconnect electric line to all consumers after receiving reconnection charges. The consumer several time raised objection against abrupt disconnection of electric line without any rhyme or reason in every year. The respondents had threaten complainant and told that they know how to muzzle voice of a consumer.

That in the year 2018 on the month of November officials of the Respondents disconnected electric line from the meter of the complainant. It is pertinent to mention here usually respondents disconnect electric line from poll.

That the complainant paid Rs. 14,848/- as electric bill and Rs. 100/- for reconnection bill.

That the respondents were churning out electricity bill on base of consumption and no meter reader visited the site or gave any piece of paper mentioning consumption.

That on 18th May 2019 without any notice an official of the respondent came to the spot and disconnected electric line of the consumer.

That the complainant rush to the office of the Station manager. The Station Manager told the complainant to pay Rs. 74,000/- to him, but not issued any electricity bill.

That even after disconnection on 18th May 2019 the complainant from system portal download bills. As per bill on 30.04.2019 outstanding was Rs.1,66,844-00 but it is an arcane even after disconnection on 31.05.2019 the figure shoot up to Rs. 1,69,407/-.

That the defacing lies with the respondents i.e the Respondent as no Yellow card was provided to the consumer to extract dues of others regularly respondents disconnected electric line of all consumers without notice. On 18th may 2019 without any notice respondents' disconnected electric line of the complainant.

 That the respondents ought to issue notice before disconnection of electric line and not disconnect all electric line due to nonpayment of one or two consumers in the vicinity.

That abrupt disconnection of electric line without prior notice is uncalled for and beyond the service ethics.

 That not providing reading and after disconnection issuance of inflated bill such as bill dated 31.05.2019 amounting Rs. 1,69,408/- is a glaring example of Unfair Trade Practice and non delivery of electricity bill is amount to deficiency-in-service.

That the cause of action of the instant case arose on 31.05.2019 i.e. the day respondents issued inflated bill amounting Rs. 1,69,407/- even when the meter was disconnected on 18th May 2019.

The complaint was admitted on merit and notice was sent to the op who has contested the case BY WV and contended that

The Petitioner is not regular payee of electric bills and for that reason the service connection was disconnected in the month of January, 2018 for the outstanding dues of Rs. 22507 from the period of 02/2017 to 12/2017, But on 30.01.2018 reconnection was given to the Petitioner after getting OSD amount of Rs. 22589/- on 25.06.2018. It is to be mentioned that the every electric bill is being prepared as per meter reading available in the meter and every bill is computerized bill. Every notices were sent to the petitioner through postal department and sms upto April, 2019 OSD was of Rs. 75140 for the units; N 42683-31512 = 11171 units, P- (11075-77934)= 3141, 0 (25558-19215)- 6343 units. The total bill is 166959/- from March 2019 to May 2019. It is clear that the Petitioner got every electric bills and for that reason he was able to mention those bills in his present case. The present OSD bill amount is Rs. 173444/- and LPSC Rs. 26977 as on 03.02.2020 and the service connection was disconnected on 09.11.2019.

Ld. Forum after hearing both sides came to a  conclusion that the consumer forum has no jurisdiction to entertain any dispute as regards to the bill amount and the complainant has only remedy to dispute the electricity bill before grievance redressal officer of W.B.S.E.D.C.L as per provision of electricity Act.

Being aggrieved with the order this appeal follows, on the ground that the order of Ld. Forum suffers from mis interpretation of law, error, wrong observation etc.

The appeal was admitted in due course and W.B.S.E.D.C.L after receiving notice has contested the appeal through Ld. Advocate Mr. C. Chakraborty and filed WNA.

The hearing of the case on behalf of the appellant conducted by Ld. Advocate Mr. J . Choudhury.

Decision with reason:-

During the course of hearing Ld. Advocate of the appellant submits that as per provision on section 3 of CP Act 1986 and in  view of the decision of Hon’ble Supreme court in civil appeal no. 3581-3590 of 2020 in the case of M/S imperia structure Ltd. Vs Anil Panti, the consumer forums has got jurisdiction to entertain a dispute in regards to any inflated electricity bill and the consumer has the option to make choice seeking the appropriate forum for redressal.

Ld. Advocate of the respondent (OP) countered this argument and mentioned that in recent Judgments of Hon’ble Courts, it has become finally established that as there is provision in electricity Act, for the consumers( customer of electric company) a remedy is there to move the C.V.R.O, the jurisdiction of  Consumer forums are being barred to entertain such billing disputes.

He further argued that every electric bill is being prepared as per the meter reading available in meter which are computerized. It is also not correct that no notice was sent to the appellant before disconnection of the electricity. All the notices before disconnection was sent through postal department and SMS up to 2019. It is specifically stated in the written version by the respondent that up to April, 2019 outstanding dues was Rs. 75,140.00 (Rupees Seventy Five Thousand One Hundred Forty) only for the use of unit N42658 31512-11171 units, P-(11075-77934)-3141, 0-(25558-19215)-6343 units. The total bill was Rs. 1,66,959/- from March, 2019 to May, 2019. It is clear from the act of the appellant that he usually defaulter for non-payment of electricity bill inspite of receipt of the each bill. At the time of filing the case the bill was Rs. 1,73,444/ and late payment surcharge Rs. 26,977 as on 03.02.2020 and the service connection was disconnected on 09.11.2019. The said outstanding amount has not yet been paid. The appellant filed this case only avoid to make payment of the bill amount of Rs. 1,73,444/-.

It is therefore stated that the appellant is not entitled to get any relief as prayed for as because the appellant found is a usual defaulter in payment of electricity bill and it is the duty of consumer to pay the electricity bill for consumption of the electricity,

After hearing both sides, it is clearly established that every electricity consumer has an opportunity to move before the C.V.R.O in respect  of any inflated electric bill or to make allegation about illegal disconnection of electricity.

On the other hand the decision of apex court as citied by the appellant mentioned above it was held that from the statement of objects and reasons of the CP Act, 1986 and more particularly as per provision of Section 3 of CP Act which provides additional remedies with extended jurisdiction in addition to other remedies provided under other Acts unless there is a clear bar.

Undoubtedly, electricity Act, makes  a clear bar to involve any jurisdiction by civil court.

But consumer forums are not civil court in nature though have all the trappings of civil court, yet, the forum has got wide range of powers to give reliefs as cheaper easier and expedious.

Here in this particular case the instant consumer complaint filed by the appellant Subhendu Roy was admitted by the Ld. Forum in view of Section 12 of CP Act, 1986. So the forum missed the opportunity to transfer the dispute  to any other authority or tribunal set up by or under any other law for the time being in force and this observation was upheld by the apex court in the decisions of the referred judgment. So, the Ld. Forum has apparent mistake on its part to dismiss the consumer complaint without going into merit.

The observation of Hon’ble Supreme court mentioned above has empowered the Ld. Forum to entertain any dispute against inflated electricity bill as per provision of Section 3 of CP Act,1986.

Thus the appeal has got it, merit

Hence, it is ordered

That the appeal be and the same is allowed on contest without cost. The final order and judgment of Ld. DCDRF , Malda dated 08.02.2021 in CC No. 55/2019 stands set aside. Ld. Forum is asked to re hear the case, it necessary may record additional evidences and after hearing both sides pass a final order  touching the merit of the instant consumer complaint/dispute and complete the process within 6 months.

Let a copy of order be supplied to the parties free of cost with a direction to appear before the Ld. Forum on 01.09.2022 by fixing the schedule of  re-hearing.

Let a copy of order be communicated to the Ld. DCDRC, Malda.