W.B.S.E.B. vs RABINDRA JHA

THIS appeal has arisen out of the judgment passed by the District Forum, Malda, on 22.6.2001. The facts of the case in a nutshell are stated hereunder.

THE petitioner is a consumer under the O.P. in respect of domestic connection. For last two years as he is not getting any electric bill, he does not know what amount he is liable to pay to the O.P. THE local electric office has informed him through their men that there is a claim against him for his electric consumption for Rs. 7,835/-. Being unable to pay at a time he filed a case before the Forum praying for a direction upon the O.P. to send correct bills every month. Allowing the complaint on contest the Forum in its judgment directed the O.P. not to claim any money without sending any electric bill to the petitioner and to take regular meter reading of the petitioner. The O.P. was further directed to prepare his electric bills only on the basis of actual reading and to pay a cost of Rs. 300/- to the petitioner.

Being dissatisfied with the above order the W.B.S.E.B.-appellant has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that the respondent is enjoying electricity for about two years without any payment. In case of non-availability of bill the duplicate bill can be collected by the respondent, but he has not made any attempt to collect the bill. It is further submitted by the appellant that though the respondent did not pay the bills, the line was not disconnected. Therefore, as there was no deficiency in service on the part of the appellant, the question of cost does not arise. According to the appellant the judgment passed by the Forum below is erroneous and liable to be dismissed.

ON careful perusal of the record and considering the material facts it is an admitted fact that the electric line of the present respondent is not disconnected in spite of non-payment of bills for two years. It is noticed by us that far the W.B.S.E.B. people are grossly negligent regarding issuance of electric bills for about two years. Even after two years the respondent came to know the amount of his outstanding dues not through bills but through the appellant''s people. Regarding the cost which was awarded by the Forum we are of the opinion that not sending bills is not a deficiency in service on the part of the appellant, as even after non-payment of bills for a long time the line is not disconnected. As there is no deficiency in service, the Forum has erred in awarding the cost of Rs. 300/- in favour of the respondent. We notice that W.B.S.E.B. demanded Rs. 7,835/- from the respondent at a time after two years. Considering the amount demanded we are of the clear view that payment of such a large amount at a time may be difficult for the respondent. So we are inclined to allow the respondent to pay the aforesaid amount in seven equal monthly instalments. The appellant shall raise bills accordingly. Respondent shall pay the instalments, positively every month within due date, as will be mentioned in the bills by the appellant. Hence it is ordered that the respondent shall pay the entire amount in seven equal instalments positively every month within due date and the appellant shall raise correct bills accordingly as per the reading of the meter upon the respondent. The respondent is also directed to pay the subsequent undisputed bills in due course if not paid. The appellant is directed to be more cautious in sending the bills in future, otherwise it will create burden on the respondent and cause mental agony and harassment. As there is no deficiency in service on the part of the appellant we are inclined to set aside the cost of Rs. 300/, as awarded by the Forum. Therefore, the appeal is allowed in part ex parte and the impugned order passed by the Forum is set aside. The appeal is thus disposed of. A copy of this order is to be sent to the respondent immediately. Appeal partly allowed.