Complainant Sat Pal Saini through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that he be allowed to pay the actual bill and his new meter be also installed. Complainant has claimed Rs.2000/- for harassment and litigation expenses, all in the interest of justice.
2. The case of the complainant in brief is that opposite parties had sent the illegal bill of Rs.8060/- to the complainant and he asked the opposite parties to correct the same but they flatly refused to correct it. It was pleaded that an application dated 08.10.2015 was sent by the complainant to the opposite parties regarding the checking of his meter as his meter was not in working condition and the same was burnt due to technical defect. It was stated that application was marked by the S.D.O. to the concerned J.E. and complainant deposited Rs.520/- for checking the meter. It was further pleaded that complainant deposited all the previous bills with the concerned office and nothing was due except this illegal and excess bill of Rs.8060/-. Opposite parties sent this illegal bill to the complainant including the previous bills which were already deposited with the office of the opposite parties. It was next pleaded that meter complainant had not changed till date and bill was issued to the complainant on average basis including previous bill which was already deposited by him. Complainant requested the opposite parties to correct the illegal bill of Rs.8060/- and deposit the reasonable bill but they refused to do so, hence this complaint.
- Notice of the complaint was served upon the opposite parties who appeared through their counsel and filed the written reply by taking the preliminary objections that complainant has filed the false and frivolous complaint; complainant has not come to the court with clean hands; present complaint is not maintainable and complaint of the complainant is bad for non joinder and mis joinder of necessary parties. On merits, it was stated that complainant had deposited the amount of Rs.520/- as meter challenge fee but the amount in dispute was not concerned with the defective meter of the complainant. It was further stated that opposite parties had sent the disputed bill under ‘R’ Code due to the burnt electric meter. Opposite parties had sent the bill in the month of December 2015 on the basis of previous year consumption i.e. December 2014 of the same month so the amount in question is legal and genuine and there was no deficiency in service on their part. All other averments made in complaint have been denied and lastly prayed for dismissal of the complaint with costs.
4. Complainant had tendered into evidence his own affidavit Ex.C1 along with document Ex.C2 to Ex.C5 and closed the evidence.
5. Counsel for the opposite parties had tendered into evidence affidavit of Inderjit Singh Cheema SDO Ex.OP-1 along with document Ex.OP-2 and closed the evidence on behalf of opposite parties.
6. We have examined all the documents/evidence produced on record and have also duly considered and perused the arguments duly put forth by the learned counsels for both the sides while adjudicating the present complaint.
7. From the pleadings and evidence on record we find that the complainant being consumer of the opposite parties received the bill of Rs.8060/- which accordingly to him was excessive and illegal.
8. On the other hand opposite parties have contended that the meter of the complainant was burnt and bill was sent under ‘R’ Code due to the burnt electric meter. The impugned bill was sent on the basis of previous year consumption of the same month as per their established rules.
- From the entire above discussion we do not find any illegality in the impugned bill and the amount in question is legal and genuine as the same has been demanded on the basis of previous year consumption of the same month i.e. December, 2014. Hence finding no merit in it the present complaint and is hereby dismissed.
- Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.
(Naveen Puri)
President.
ANNOUNCED: (Jagdeep Kaur)
MAY, 06, 2016 Member.
*YP*
