W.B.S.E.B. vs DIPTI KUMAR GHOSH

THE appellant is present through its Counsel. THE respondent is again absent. THE matter is heard ex parte. It is found that there is a delay of 10 days in filing the Appeal. THE learned Counsel for the appellant submits that the small delay was caused on account of processing the matter at different levels. Considered. THE delay is condoned and the appeal is admitted.

IT appears that this is a case of billing dispute where the disputed bills related to the period from July, 1999 to April, 2000, the total amount being Rs. 30,286.82. From the impugned order it appears that the complainant did not pay these bills alleging excessive nature of the same and consequently his line was disconnected in due course. The Forum ordered that the opposite parties should issue fresh bills for the disputed period and the bills should be drawn up on proper basis. The opposite parties were also directed to restore the electricity immediately. There was a further order for payment of compensation of Rs. 2,000/- by the opposite parties. The learned Counsel for the appellant submits that the Forum was not justified in quashing the bills and directing the opposite parties to raise fresh bills. According to him if there is any grienvance of the consumer about the amount of the bill arising from any defect in the matter, the matter should be referred to the CEI for adjudication. He also submits that before referring the matter to CEI the entire dues should be paid in full. On hearing the appellant we deem it appropriate to pass the following order : The opposite parties will raise a provisional bill equivalent to 50% of the disputed amount of Rs. 30, 286.82. Upon raising such bill the complainant will make the payment within a month. Thereafter, the matter will be referred to the CEI for adjudication and the complainant will take necessary steps. The 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. The supply of electricity to the consumer should be restored if not already done on payment of the provisional bill as stated above. The petitioner will also be required to pay the reconnection charge. The order of the Forum regarding payment of compensation is set aside. The appeal be thus disposed of. A copy of this order be sent to the respondent immediately. Appeal disposed of.