Prafulla Kumar Saha vs W.B.S.E.B.

-THIS appeal has arisen out of the judgment passed by the District Forum, Murshidabad, dated 18.12.2003, where the Forum directed the complainant to pay the outstanding dues in five equal monthly instalments along with current bills, in default the O.P. is at liberty to disconnect the lines.

THE case of the complainant is that he is a consumer under the O.P. in respect of two commercial connections in his petrol pump. As the meters were burnt average bills were charged 190 to 200 units per month till September, 1999. THEn without any reason the O.P. started to send bills charging 300/350 units per month. THE O.P. assured that the meter would be replaced and the bills would be rectified. After installation of the new meter it recorded 110 units consumption per month. THE complainant approached the O.P. to adjust the excess amount already paid according to new meter reading and rectify the bill which are yet to be paid. But the O.P. sent demand notice to pay Rs. 2,514/- for the period 9/99 and Rs. 2,436/- for the period 10/99 charging 300 units per month. After installation of new meter bills ought to be rectified as average 110 units per month. THE act of the O.P. is illegal and so he filed this case praying for direction upon the O.P. to rectify the impugned bills as per meter reading of new meter and to adjust the excess payment already made. Filing the written objection before the Forum below it was submitted by the O.P. that as the meter became inoperative between 27.8.1998 and 28.2.1999 the average bill of 350 units per month was claimed on the basis of six months average consumption prior to 27.8.1998.

After hearing both the sides the Forum below passed the above mentioned judgment. Being dissatisfied with that judgment the complainant has preferred the present appeal before the Commission. The learned Counsel for the appellant-complainant submits as it is a case of disputed bill it should be referred to the CEI, W.B. for adjudication. But the learned Counsel for the respondent vehemently opposes it and submits that as the appellant has consumed the electrical energy he is bound to pay the bills. The respondent prays for to affirm the judgment passed by the Forum below and dismiss the appeal as it has no merit. The appellant prays for rectification of the inflated bills.

ON careful perusal of the record it is noticed by us that though the appellant did not pay the bills, the line was not disconnected by the respondent till today. As per the order of the Forum below, the appellant paid two instalments of the outstanding dues. As it is a case of disputed bill, it shall be referred to the CEI, W.B. for adjudication of the entire disputed amount subject to payment of 50% of the disputed amount. The respondent has already paid Rs. 10,408/- of the outstanding dues as per the order of the Forum below. The total outstanding dues are Rs. 51,170/- in respect of two commercial connections. The appellant is bound to pay 50% of the outstanding dues i.e., 25,585/-. So the appellant shall pay the balance amount and the respondent shall raise provisional bill amounting to Rs. 25,585/- and thereafter the entire amount of the disputed bills are to be referred to the CEI, West Bengal. The cost of testing the meter will be borne by the appellant. CEI would do well to dispose of the matter expeditiously, preferably within a period of three months from the date of reference. Be it mentioned that the decision of the CEI will be binding on both the parties regarding the balance amount, if any to be paid for the disputed period. The appeal is allowed in part on contest and the Forum''s order is modified as discussed above. The appeal is disposed of accordingly. Appeal partly allowed.