WBSEB vs SASANKA SEKHER PAUL

THIS is an appeal arising out of the judgment passed by the District Forum, Murshidabad. The case of the complainant in brief is stated hereunder. The complainant is a consumer of WBSEB in respect of an industrial connection. His meter stopped on 4.4.2001. He reported the matter to the O.P. and deposited Rs. 6,000/- on 25.1.2002 for new meter. Thereafter he received a bill for 8/2000 as amounting to Rs. 1,304.75. Then he filed a case before the Forum praying for direction to send the bill after correction and to adjust the amount of overpayment, to instal new meter and to draw bill at average of 200-300 units per month.

THE Forum in its order directed the O.P. to prepare supplementary bills @ 500 units per month from 4.4.2001 till the date of installation of new meter. Any amount, if paid, for the period including the bill of 8/2000 showing outstanding of Rs. 1,304.75 is to be adjusted from the bill. It was further ordered that if charge for new meter is paid, the new meter should be installed within two weeks, if not already installed. If there is any arrear amount for the disputed period, that may be paid in three equal monthly instalments. Being dissatisfied with the order of the Forum the appellant-WBSEB has preferred this appeal before this Commission. The learned Counsel for the appellant submits that it was clearly stated that the present respondent is an industrial consumer having load of 10 H.P. and according to the law the bill should be @ 800 units per month for 10 H.P. meter. The average consumption at the rate of 500 units cannot be determined by the Forum below. It is further submitted by the appellant that the Forum has no authority to assess the bill and the matter regarding to the disputed bills and defective meter shall be adjudicated by the CEI W.B. only. So the judgment of the Forum is erroneous, unreasoned and liable to be set aside.

On careful perusal of all the papers we notice that there is dispute between the parties regarding the disputed bill for the month of 8/2000. The meter of the respondent is defective. But the respondent had already deposited Rs. 6,000/- on 25.1.2002, for replacement of the defective meter by a new and defect-free one on 25.1.2002. But the appellant did not instal the new meter. The learned Counsel for the appellant has referred to the Section 26(6) of the Indian Electricity Act.

WE also perused Section 26(6) of The Indian Electricity Act, 1910, which states that "where any difference or dispute arises as to whether any meter is not correct, the matter shall be decided, upon the application of either party, by an Electrical Inspector, and where the meter has, in the opinion of such Inspector ceased to be correct, such Inspector shall estimate the amount of the energy...". Learned Counsel for the appellant referred to a judgment reported in 1997 (1) CHN 50, CESC v. N.M. Banka, which reflects that, "The consumer should have approached the Electrical Inspector straightaway if he was aggrieved by the bills. The Court should have declined to intervene when the consumer approached the Court. The Court should have directed the consumer to avail the statutory remedy". We find much substance in the contention advanced by the learned Counsel for the appellant and are of the opinion that the Forum has no authority to assess the bills. Therefore, the disputed bill and the defective meter are to be referred to the CEI, W.B., for adjudication and the appellant will take necessary steps accordingly. The cost of testing the meter will be borne by the appellant. 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. As the present respondent had already deposited Rs. 6,000/- for replacement of the defective meter by a defect-free and new one, the appellant shall install a new meter within 15 days after receipt of this order. The appeal is allowed in part ex parte. The order of the Forum is modified as discussed above. A copy of this order is to be sent to the respondent immediately. The appeal stands disposed of, accordingly. Appeal disposed of.