DEBASIS BHATTACHARYA, J. - (1.) THIS appeal is directed against the order dated 17.10.2012 passed vide Order No. 16 by the learned District Forum, Unit -I, Kolkata in Case No. 382/2010, being preferred by the OP Nos. 1 to 3 thereof. The case of the complainant, in brief, is that he received a bill of Rs. 15,127, which was an inflated bill, and accordingly wrote a letter to the OP on 12.8.2010 requesting for testing of the meter by the OP No. 4, and also sent another letter on 21.8.2010, but without any reply. Thereafter, he appeared before the C.G.R.O. on 30.8.2010, who observed that the meter is defective and directed the OP to reduce 3% of the bill amount and to regenerate the bill of July, August and September, 2010, but it should be from the date of installation of the meter/bill. He further stated that he used only 3 tubes, 3 fans, 1 T.V. and 1 fridge, for which the bill amounts are illegal. The OP had very illegally disconnected the electric line, but due to urgency of electricity, he paid the disputed amount and the OP restored the line. Further, the OP sent another huge amount of bill dated 23.10.2010 of a sum of Rs. 8,270 on the basis of the defective meter, which is also baseless and illegal. But, the OP has very illegally and in his absence changed the defective meter and installed a new meter. Accordingly, the prayer to direct the OP No. 1 not to disconnect the electric line for the disputed bill dated 23.10.2010 and to pay a compensation of Rs. 1,00,000 due to unfair trade practice and a litigation cost of Rs. 10,000.
(2.) On the other hand, the case of the OPs/W.B.S.E.D.C.L. is that on the basis of a letter received on 13.8.2010 from the Complainant regarding the meter testing, one quotation was issued to the Complainant on 28.8.2010 for deposition of testing fees, which was deposited on 9.9.2010. Thereafter, one letter was issued on 23.9.2010 for removal of meter advising him to be present on 29.9.2010 at the time of removal of the meter. In the meantime, on 21.8.2010, the Complainant submitted one letter for billing dispute, and the D.E. (Com.) and C.G.R.O. gave a letter to the Complainant for a hearing on 24.8.2010. During inspection made in presence of the Complainant on 11.5.2010, it was found that the installed load were, AC -02 Nos. (1.5 tonne each), Fridge -01 No. , Washing Machine - 01 -No. Micro -oven -01 No. , T.V. -01 No. , Fan -05 Nos. , Tube -05 Nos. , Lamp (100W) -03 Nos. , and the Complainant also put his signature on the inspection report. The service line was disconnected for non -payment of the due amount before filing of the complaint. One new meter was installed in series connection with the existing meter on 23.6.2010 to compare the consumption status of the existing meter. Therefore, the existing meter is in circuit till now and no meter has yet been changed. It raised bill as per advice of the D.E. (Com.) and C.G.R.O. by giving 114 units adjusted with the bill. Due to non -payment of the bill, electricity line has been disconnected and there has been no deficiency in service. So, the case be dismissed.
(3.) IT is to be considered if the impugned order suffers from any kind of anomaly so as to make an interference therein, or not. Decision with reasons;