For complainant                      Sh.D.K.Kondura,  Advocate

For Opposite Parties               Sh. R.R.Arora, Advocate

A.K. Mehta, President

1        Sh. Dalbir Singh complainant has filed the present complaint under section  12 sand 13 of the Consumer Protection Act (herein-after called as ‘the Act’) against Chairman, Punjab State Power Corporation Limited, The Mall, Patiala-147001 and another (herein-after called as ‘Opposite Parties-Corporation’)  on the allegations of deficiency in service and negligence with further prayer to declare the electricity bills dated 19.10.2015 and 17.12.2015 as null and void and illegal and the bills may be quashed and the Opposite Parties-Corporation be restrained from recovering the alleged amount of the bills and from disconnecting the electricity connection in dispute with recovery of Rs.50,000/- as litigation expenses and Rs.10,000/- as compensation on account of  harassment and mental agony.

2        The case of the complainant in brief is that the complainant  is a ‘consumer’ of the Opposite Parties-Corporation as a domestic electricity connection bearing account No.T62UR231857Y  is installed in the house of the complainant in the year  2010 under BPL Category and the complainant is entitled to free 400 units for two months; that the status of the electricity  meter of the complainant is ‘O’, as is clear from the bills issued by Opposite Parties-Corporation and is mentioned in the complaint; that there is no dispute between the parties regarding the bills mentioned in the complaint except bills dated 19.10.2015 for Rs.31,748/- and 17.12.2015 for Rs.32,919/-; that the consumption of the electricity is mentioned as 344 units in the bill dated 19.10.2015 and 202 units in the bill dated 17.12.2015 but  these bills are beyond the expectations of the complainant and the Opposite Parties-Corporation also threatened to disconnect the electricity connection without any right as the consumed units are within the free limit for the complainant; that no prior notice was given to the complainant before issuance of the bills in dispute; that the complainant approached the Opposite Parties-Corporation  many times and requested to withdraw the illegal amount claimed in the bills, but the Opposite Parties-Corporation postponed the matter on one pretext or the other and finally refused to accept the genuine request of the complainant and rather threatened that the Opposite Parties-Corporation would recover the illegal amount or would disconnect the connection of the complainant by force; that act and conduct of the Opposite Parties-Corporation amounts to imperfection, inadequacy in the quality, nature and manner of performance of service and as such, it amounts to deficiency in service on the part of the Opposite Parties-Corporation and this conduct of the Opposite Parties-Corporation also caused mental  and physical harassment and as such, the complainant is also entitled to recover compensation to the tune of Rs.50,000/- and litigation expenses to the tune of Rs.10,000/-.   Hence the complaint was filed.          

3        After formal admission of the complaint, notice was sent to Opposite Parties-Corporation. Opposite Parties-Corporation appeared through counsel and filed written reply contesting the complaint on the preliminary objections that the complainant has not approached  the Forum with clean hands and has suppressed the material facts and that the complainant alleged that  he got facility of BPL Card Holder and due to that presumption, he applied  for a electric connection under BPL Category scheme, but lateron he was unable to produce BPL card or any relevant documents showing that he falls under the BPL scheme and due to non production of said documents relating to facility available under BPL category, the Opposite Parties-Corporation was unable to give him relief  under government scheme and as such, the complainant was not entitled for the consumption of free electricity of 400 units for two months under BPL Scheme and consequently, the complainant was charged the bill as per electricity consumed by him during the alleged period as he could not produce the certificate/ card issued by the government. On merits, it was admitted that the complainant is ‘consumer’ under Opposite Parties-Corporation and he availed the facility under BPL Category as per the directions of government, and was availing the facility  of free electricity; that the officials of Opposite Parties-Corporation visited the premises of the complainant number of times and asked the complainant to produce the BPL certificate/ card issued by the government, but the complainant failed to produce the same and due to his reason, the electricity bill was charged as per the consumption consumed by the complainant and was not given the facility of BPL Category as the complainant was unable to produce any proof that he falls under the said category; that due to non submission of BPL Certificate/ card issued by the government and as the complainant failed to pay the consumption bill, his connection was disconnected, but as per the directions of the Forum, his connection  was restored, but the complainant created a false story in order to mislead the Forum and is not entitled to relief under the complaint as he was unable to produce the certificate/ card issued to him by the government under BPL Category.  All other allegations mentioned in the complaint were also denied with a prayer to dismiss the complaint with costs.      

4        Sufficient opportunities were granted to the parties to lead evidence in order to prove their respective case. The complainant produced his affidavit Ex. C1 and attested copies of bills Ex.C2 to Ex.C5 and closed evidence and thereafter Sh.Sartaj Singh Thind, SDO tendered his affidavit Ex.OP1,2/1 and  closed evidence of the opposite parties.  

5        We have heard the ld.counsel for the parties and also gone through the evidence and documents produced by parties.

6.       Ld. counsel for the complainant contended that the government allotted the electricity connection under the BPL Category and that is why, no bill was issued to the complainant and bills proved on the file also show that concession was given by the government, but lateron, the  Opposite Parties-Corporation illegally issued the bills dated 19.10.2015 and 17.12.2015 for excessive amount and did not correct the bills, and rather threatened to disconnect the electric connection of the complainant if bills are not paid and as such, the complaint is required to be allowed and the Opposite Parties-Corporation are required to be directed to correct the bills and to charge the consumption as was being done prior to issuance of the bills in dispute and the complainant is also entitled to compensation and litigation expenses, etc.

7.       Ld.counsel for Opposite Parties-Corporation contended that the complainant applied for electricity connection under BPL Category and the electricity connection in dispute was also issued under BPL Category as the complainant claimed himself to fall under BPL Category. He contended that the officials of Opposite Parties-Corporation visited the premises of the complainant many times and requested the complainant to produce the BPL certificate, but the complainant failed to produce the BPL Certificate nor the complainant has produced any BPL Certificate in the Forum and as such, the complainant does not  fall under BPL Category and is not entitled to concession available under BPL Category and consequently, the  complainant was charged at the normal rate for the consumption consumed by him during the said period and as such, the Opposite Parties-Corporation have issued the bills correctly and in accordance with law as the complainant has failed to produce the BPL Certificate and was not entitled to concession under BPL Category and as such, the complaint is false and frivolous and is liable to be dismissed with costs.

8.       After going through the record of the case and evidence produced by the parties on the file, this Forum do not agree with the contention of the ld.counsel for the complainant that the Opposite Parties-Corporation have issued the bills in question illegally and for excessive amount. It is admitted by Ld. counsel for the complainant that the electricity connection in dispute was issued under BPL Category and under BPL Category, the complainant was entitled for 400 units free for two months and was only to be charged for the consumption of the units beyond 400 units for two months. It is also admitted by the Ld. counsel for the complainant in the Forum that complainant was allotted electricity connection in dispute under BPL Category, but he could not produce BPL Certificate to Opposite Parties-Corporation nor in the case in order to prove that complainant falls under BPL Category nor could produce the same at the time of arguments. The complainant is entitled to concession of 400 units free electricity for two months if he falls under BPL Category and non production of BPL Certificate by the complainant shows that he obtained the electricity connection in dispute under BPL Category on  false declaration and as such, the complainant is not entitled to the concession of 400 units free for two months under BPL Category. It is contended  by ld.counsel for the Opposite Parties-Corporation  that the complainant is charged only for the consumption which he consumed during the disputed period  and was not given concession of 400 units free for two months. If the complainant  applied and was allotted the electricity connection in dispute under the BPL Category and the complainant could not produce any certificate of BPL Category, then the complainant is not entitled to the concession of 400 units free for two months and has been rightly charged by Opposite Parties-Corporation. Even the complainant could not produce  any such BPL Certificate in the Forum or on the file. As such, the complainant has failed to prove any deficiency in service on the part of Opposite Parties-Corporation and is not entitled to any relief under the complaint as he failed to prove his case on the file.                        

9.       In light of the above discussion, the complaint fails and the same is hereby dismissed. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.

Pronounced in Open Forum.

Dated 20.09.2016.