WBSEB Vs. HEMENDRA CHANDRA SARKAR

JUDGEMENT

(1.) THIS is an appeal arising against the judgment of the District Forum, North 24 Parganas. The brief case of the complainant is that he is a consumer of electrical energy, which was consumed in a factory producing life saving medicines and 25 workers were employed there. He received three inflated electric bills, each for 1140 units of consumption. Then the meter was inspected by the O.P. on 20.4.2001 and found to be out of order after recording 12 units of consumption, but it did not take any step to change it. He made several representations for consideration of the bills in the light of the fact that the meter was out of order since 20.4.2001, and hence the amounts as well as units of consumption were wrong. Then he served a legal notice on 31.7.2001 upon the O.P. Subsequently he received another two bills showing consumption of 1140 units. He made several requests through letters for inquiry into the correctness of the bills and preparation of fresh bills. He was informed by the O.P. on 28.8.2001, that the matter was referred to the higher authority for decision. On 16.1.2002 the complainant received a notice from the O.P. with a threat of disconnection if the bills were not paid within due date. On 6.5.2002 the O.P. installed an electronic meter in the factory in replacement of the earlier meter. Then a bill dated 18.6.2002 for the period from 6.5.2002 to 27.5.2002 was correctly raised for 171 units of consumption. But as he did not pay the earlier bills the O.P. disconnected the service connection on 5.7.2002. He filed the case before the District Forum for direction upon the O.P. to restore electric connection and rectify the disputed bills.

(2.) IN its judgment dated 2.1.2003 Forum directed the O.P. to send the earlier defective meter to the CEI for adjudication and report. Before getting the report the O.P. may raise and furnish to the complainant a provisional bill for the consumption period from April, 2001 to May, 2002 at the rate of 155 units for 25 days as per the bill dated 8.7.2002 and the complainant shall pay it within due date as mentioned by the O.P. The O.P. shall be at liberty to raise fresh and final bill for the aforesaid consumption period of the disputed bills after receipt of the report from the CEI. The O.P. was also directed to restore the service connection within 15 days from this order. Moreover the complainant is entitled to get a cost of Rs. 500/ - and Rs. 2,00,000/ - by way of compensation within three months from the date of the order. In default, the complainant shall be at liberty to recover the same in accordance with the provisions of law.

(3.) BEING dissatisfied with the order the appellant -WBSEB has preferred the appeal before the Commission. Learned Counsel for the appellant submits that as the instant dispute is a billing dispute, the Consumer Forum has no jurisdiction to entertain the said dispute. The disputed bills ought to have been referred to the CEI, West Bengal, who is the only authority under the Electricity Act, to adjudicate the defectiveness of the meter as well as bills. The appellant further submits that the Forum is not empowered by the Consumer Protection Act to quash the disputed bills. Moreover the appellant is always entitled to raise average bills where at least defect in the meter is found. Thus by raising average bills the appellant has not committed any wrong. It is submitted by the appellant due to non -payment of electric bills the WBSEB disconnected the service line with prior notice according to the Electricity Act. So, there is no deficiency in service on their part and as there is no specification of losses suffered by the respondent, WBSEB is not liable to pay the compensation of Rs. 2 lakhs as awarded by the Forum to the respondent. Learned Counsel states that the judgment of the Forum below is erroneous, illegal and liable to be dismissed.