DISTRICT CONSUMER DISPUTE REDRESSAL FORUM , HOOGHLY
EX 22/06 ARISING OUT OF CDF CASE NO 97/05
Sri. Subodh Ch. Rana And Others
–VS—
W.B.S.E.B
Present : S. Chattapadhyay … President
S.Basu … Member
R.Roychowdhury Malakar …. Member
ORDER NO 37 DATED 31/03/09
The order relates to the hearing on the compliance report of the Op and objection of the DHR against the same following the direction of the honorable State Commission in disposing off an appeal filed by the JDR / Op dated 17/06/.08a against the order passed by this forum in a proceeding U/S 27 of C P act , treating the appeal of the Revisional application by the said Hon’ble State Commission.
It was the specific direction of the Honorable State Commission in disposing off the Revisional application that the appellant (Op/JDR) was at liberty to comply with the impugned order regarding the rectification of the bills for the period indicated in the order itself within a period of 2 months.
In the wake of such order dated 22/12/08 passed by the Hon State Commission the Op (JDR ) furnished a statement in 09/02/09 showing the amount of arrear bill to be paid by the petitioners (DHR) .The DHR was asked to file a version on the Statement of A/c filed by the JDR on 09/02/09. In this written version received on 04/03/09 it was stated by the petitioner (DHR) that WBSEB (JDR) deliberately installed the meter on 13/06/08 although the petitioner ( JDR) has informed the JDR about the purchase of the meter on 19/12/06. And as such the petitioner (DHR) could not be held liable to pay the excess amount beyond meter reading on the basis of average calculation. It was also been stated on behalf of the DHR petitioner that the OP (JDR) / WBSEB realized from the petitioner a sum of Rs 25, 504/- inclusive of meter rent during the period July’ 05 to June’08,though the OP / WBSEB is entitled to charge 48 unit / month i.e. 48x 33 = 1584 unit as per average calculation of meter reading after installation. According to the petitioner (DHR) the op/WBSEB is liable to adjust the excess money and have to prepare and submit a fresh arrear bill . But on behalf of the Op / WBSEB no fresh bill with reference to the submission of the petitioners in writing dated 04/03/09 was submitted .The Op/WBSEB remain regid to their earlier version about arrear to be realized from the petitioner.
In course of arguments Ld Advocate for the petitioner has strenuously urged before us with reference to the order of the forum in reference to the order of the forum in the original case that the OP / WBSBEB (JDR) cannot charge arrear bill @ Rs 8950/year for the period 19/12/06 to 13/06/08 on the ground that for the delayed installation of meter ,Op/WBSEB was responsible. It is his contention that the petition (DHR) cannot be held liable for payment of arrear bill @ Rs 8950/year during that period since the petitioners were not in any way defaulter for that period. Ld Advocate for the petitioners (DHR) has relied on the document showing information conveyed to the Op/WBSEB about the purchase of meter and acknowledgement of the information by OP/WBSEB on the same date.
Ld Advocate for the Op/WBSEB has contented that the executing court cannot go beyond the order and cannot give any relief by passing order in addition to the order passed by the forum in the original case. With reference to order no 12 dated 29/11/05 of the forum that the OP/WBSEB will not be in a position to realize electrical charges @ Rs 8950/ P.A. after the installation of electric mater
from the petitioners. Ld Advocate for the OP/WBSEB has argued that till installation of the electric, charge has been claimed @ Rs 8950 P.A. in terms of the order of the forum. Admitting the there was delay in the installation of the meter Ld Advocate for the Op/WBSEB has adhered to the stand taken by the Op regarding claim of electric charges.
We have heard the Ld advocate for both sides . we have perused the relevant order and the document .The fact admitted is that the petitioner (DHR) purchased the Electric Meter and informed the WBSEB about the same on 19/12/06 . No cogent explanation whatsoever has bee given on behalf of the Op/WBSEB as to why there was such inordinate delay in installing the meter .runs contrary to the spirit of the order passed by the forum in the original case. When there was such delay on the part of the OP the DHR should not be forced to bear the brunt by paying of rent charge at the stipulated rate which they were to bear prior to the purchase of the meter and intimation conveyed to the OPs to that effect. The Ops should have been reasonable while asking the DHR to pay rent for the period when it was admitted that on getting information about the purchase of meter
no step was taken for installing the same.
In the interest of equity and justice and keeping in mind the spirit of the order we are of the view that Op should be directed to consider the period from 19/12/06 to 13/06/08 in assessing the meter rent payable by the petitioner. Having regard to the spirit of the order passed by the forum we are of the view that OP/WBSEB should realize electric charges after 3 months from the date of information received by them about the purchase of electron meter at the average rate claimed by them after installation of the meter. This is due to the fact that the Op/WBSEB shall install the electric meter within 3 months from the date of information about purchase of electric meter purchased by the petitioners on 18/11/06 and for the default of the OP/WBSEB the petitioners cannot be held liable.
Hence we are of opinion that the statement of A/C filed by the JDR should be revised in the light of the observation as made by us in the body of the order discussed herein before and the revised Statement of A/c be prepared accordingly in the light of the spirit of the order passed by the forum in this case be filed by the OP/WBSEB within 15 days from the date of this order and the petitioners have to comply the same within 1 month from the date of receipt ot the revised bill. The Ops are advised to raise the bills on the following guidelines.
FOR GOBINDA CHANDRA RANA
AMOUNT DEPOSITED RS 20,747/-
AMOUNT TO BE DEDUCTED FROM Rs 20,747/-
AMOUNT TO BE ADJUSTED FOR THE PERIOD
29/11/05 TO 18/03/06 @ Rs 8950/- P.A
AMOUNT TO BE ADJUSTED FOR HE PERIOD
19/03/06 TO 13/06/08 @ 48 UNIT /MONTH AT THE
PREVAILING TARIFF AT THAT POINT OF TIME
(Average consumption 48 units/month after installation of the new meter).
METER RENT TAKEN FOR THE PERIOD 19/12/06
TILL DATE TO BE ADJUSTED .
FOR MANINDRA CHANDRA DEBNATH
AMOUNT DEPOSITED RS 21,504/-
AMOUNT TO BE DEDUCTED FROM Rs 20,747/-
AMOUNT TO BE ADJUSTED FOR THE PERIOD
29/11/05 TO 18/03/06 @ Rs 8950/- P.A
AMOUNT TO BE ADJUSTED FOR HE PERIOD
19/10306 TO 13/06/08 @ 226 UNIT /MONTH AT THE
PREVAILING TARIFFAT THAT POINT OF TIME
(Average consumption 226 units / month after installation of the new meter)
Ops are also directed not to charge meter rent from the above two petitioners. in the future.