BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
at Berhampore, Murshidabad.
Case No: CC/ 30/2009. Date of Filing (Original):17.02.2009.
Date of Order: 24-12-2009
Name of the Complainant(s) Name of the Opposite party/parties
Reajul Sk. The Station Manager,
Vill.&P.O. Basudebkhali, P.S.Berhampore, Goaljan Group Electric Supply,WBSEDCL
Dist. Murshidabad. Uttarpara More, P.S. Berhampore,
Dist. Murshidabad.
PRESENT
1. Shri G. M. Midhya – President
2. Smt. P. Ali – Member
3. Shri T. K. Biswas – Member
JUDGMENT
This case has been filed by the complainant u/S 12 of C.P. Act. 1986(as amended up to date). The case of the complainant, in short, is that he a domestic consumer being No. B-51242 and having Service Connection No. D/853 under the OP. He came on paying energy charges regularly making no default, whatsoever. But on 16.5.2007 he was astonished to receive a bill of Rs.15, 641.00 in which Rs.3, 685.00 was claimed as pilferage bill, Rs.11, 906.00 was claimed as outstanding bill and Rs.50.00 was charged for disconnection-reconnection charge. However, he paid the same sum of Rs.15, 641.00 on 23.7.2007 and the OP restored the connection. Thereafter, the complainant received a bill again for Rs. 9555.00 and in the next month another bill for Rs.10, 833.00 was claimed by the OP in continuation of the previous bill. The claim was unjust and wrong. So, he did not pay the same and the OP again disconnected his line. The complainant requested the OP to cancel the alleged bill and to send a fresh bill as per actual consumption but his request was given no attention. Hence, this case.
The complainant prays for direction upon the OP to cancel the impugned bill to restore the electric line and also to prepare a fresh bill showing amount payable by the complainant which may be permitted to be repaid in easy instalments. He also prays for Rs.500.00 as cost of litigation and Rs.1, 000.00 as compensation.
The OP, Station Superintendent, Goaljan Group Electric Supply submitted written version and contested the case. According to him, the connection of the complainant was disconnected on 16.10.2004 due to non-payment of energy bill of Rs.11, 906.00 for the period from May, 2002 to September, 2004. On inspection dt. 14.5.2007 it was found that the petitioner had been consuming electricity by tapping from over-head line. FIR was lodged against him and Berhampore P.S. Case No.203/2007 dt. 14.5.2007 was instituted against the complainant. The quantum of energy of theft was assessed at Rs 3685/-. Then Rs.15, 641.00 was claimed including pilferage bill of Rs.3, 685.00 and outstanding bill of Rs.118.00 and disconnection-reconnection charge of Rs.50.00. However, that amount was paid by the complainant and line was restored on 3.8.2007. The energy bill for the period from October,2007 to December,2007 was raised as per advance units registered in the meter Rs.396.61 was the bill for October,07 Rs.217.00 was the bill for November,2007 and Rs.217.00 was the bill for December,2007. In addition to that Rs 7651.35 p. was claimed as late surcharge. As the consumer failed to pay the bill from October, 2007 to December, 2007 together with late surcharge the line was disconnected on 9.8.2008.
In order to prove his case the complainant has filed in this Forum the original electric bills for the consumption period November,2005 to September,2007, bill for the consumption period April,2008 to June,2008, bill for the consumption period from July to September,2008, receipt dt. 23.7.2007 showing payment of Rs.11, 906 as energy charge for the consumption period from May, 2002 to September, 2004, receipts showing payment of disconnection and reconnection charge, receipt dt. 23.7.2007 showing payment of pilferage bill of Rs.3, 685.00, notice of Electricity Board dt. 16.05.2007 claiming for consolidated amount of Rs.15, 641.00 only. However, neither the original bills showing claim of Rs.9555.00 or Rs.10, 833.00 nor their copies have been filed by the complainant. On the other hand, the OP, Electricity Board, filed calculation sheet showing assessment of late payment surcharge covering the period from May,2002 to September,2004 on the basis of payment of arrears made by the complainant on 23.07.2007.
We have heard Ld. Lawyers appearing on behalf of the respective parties, examined the documents on record. There is no scope for the complainant to deny that he had defaulted in payment of energy charges from May, 2002 to September, 2004. Admittedly, the amount of arrear bills covering that period was Rs.11, 906.00. Following an investigation there was an F.I.R. against the complainant on the ground of pilferage of electricity for which Rs.3, 685.00 was assessed as pilferage bill. Also, Rs.50.00 was charged as disconnection reconnection charge. The complainant made payment of all these bills on 23.7.2007. So, the fact remains that payment of arrear bills covering the period from May, 2002 to September, 2004 was made by the complainant on 23.07.2007 i.e. after more than three years. Therefore, he is liable to pay late payment surcharge, calculation of which has been shown by the OP and copy of such calculation sheet has been filed before us. We do not find any reason to disbelieve and disregard such assessment because on 23.07.07 simple the arrear energy charges for the period from May, 2002 to September, 2004 were paid by the complainant besides pilferage bill and disconnection-reconnection charges. There is no document on record at the credit of the complainant that he paid any further bill after 23.07.2007 till 17.02.2009 on which he filed this case. So, no question of restoration of line to his premises can arise unless he can show that he has paid energy charges fromOctober, 2004 and onwards.
Under the above circumstances we do not find any merit in the case of the complainant. So it fails.
Hence,
O R D E R E D
That Consumer Complaint No.30/2009 be and the same is dismissed on contest. No cost.
The case is thus disposed of.
Dictated and corrected by us.
MEMBER MEMBER PRESIDENT