WBSEB Vs. GEETA ROY

JUDGEMENT

(1.) THIS appeal arose out of D.C.D.R.F., Jalpaiguri at its Alipurduar Circuit Bench where the complainant Smt. Geeta Roy's case was that she was a "consumer of electricity for a long time and her consumer No. is E 500308 and S.C.No. is 438. She has paid the electric bills of Rs.1,759 for 600 units for the period from 7/03 to 9/03. The O.P. did not provide meter reading card with her meter No. 253038 and also made the electric bills without meter reading and as a result the complainant had to pay an excess payment for 2553 units. The O.Ps. sent her bills for the period from 11/03 to 1/04 of Rs. 26,688 and the complainant then made a complaint against the said bills to the O.Ps. and informed therein that she had already paid the excess payment for 2553 units upto 7.2.2004 and deposited the bill to them. But the O.P. by ignoring that complaint, issued another baseless bill, dated 21.1.2004 for the period from 2/2004 to 4/2004, showing alleged consumption of 344 units asking her to pay Rs. 5,337 in total. The complainant protested the meter reading to the O.Ps. and then the O.P. No. 3 came to her residence and found the actual meter reading was 4510 units and not 4944 units, as mentioned in the bills. But without rectifying the error, the O.P. No. 3 sent her one bill for the period from 11/2003 to 1/4 excluding 10/2003 period, on 9.2.2004, for the payment to total Rs. 27,560 in 12 instalments, without showing any basis for the said amounts. The O.Ps. also issued a regenerated bill dated 10.2.2004 for the period from 2/2004 to 4/2004, covering also the period from 10/2003 to 1/4, without rectifying the wrong meter reading. The complaint protested the said bill by filing a written complaint to the O.Ps., but no further step was taken by them for rectification. Therefore, the complaint has filed the present case against the O.Ps. praying for reliefs, as mentioned in her complaint.

(2.) THE O.P. contested the case and stated inter alia in its W. V. that the "bills were prepared on taking actual physical reading of the meter and so the over payment for 2553 units is denied. On the discussion of both sides, the instalment bills were sent to the complainant for payment. A regenerated and fresh bill was served upon the complainant in place of the previous bill for the period from 2/2004 to 4/2004, after proper inquiry, for 754 units, in place of 1344 units. Therefore, the complaint is liable to her dismissed with cost."

(3.) THE learned Forum after hearing both parties passed its judgment on 14.9.2005 and ordered that,"the complaint, dated 24.3.2004 of the complainants, be allowed, on contest, with cost of Rs. 1,000. The O.Ps. are directed to prepare and send the period wise adjusted and correct bills, as per the actual meter reading, for the period in question, allowing the complainant at least three months time for payment and also pay a compensation of Rs. 5,000 to her, for causing harassment and mental agony. The payment of cost and compensation shall be made, within 2 months from the date of this order, in default, a penal interest @ 10% p.a. shall be levied on the unpaid amount till Realization."