Complainant Dilbag Singh has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to rectify the bill in dispute and to receive actual consumption charges on the basis of consumption of last six months or the months of proceeding year and not to recover amount mentioned in the bill in dispute illegally, forcibly and by adopting coercive methods. Opposite parties be further directed to restrained from disconnecting the electricity connection and also to pay Rs.10,000/-  for mental agony, physical torture and financial loss caused by the opposite parties to him due to deficiency in service and unfair trade practice on the part of the opposite parties.

2.        The case of the complainant in brief is that he has installed a domestic electric meter in his house bearing Account No.G31SF841731X as such he is consumer of the opposite party and paying electricity bills regularly to the opposite party and nothing is outstanding against him.  His average bimonthly bills of this connection is between Rs.1000/- to 1500/-. The opposite parties sent illegal bill dated 29.05.2019 for Rs.36,600/- for 4220 units, which is totally wrong. The consumption shown in the bill is highly excessive, exorbitant and he never consumed electricity energy to this extent. The bill in question is totally illegal and the same is liable to be rectified.  He has next pleaded that there is another connection of one Dharminder Singh son of Ajit Singh and his meter number is also being shown as 547432 and meter no. of the complainant is also being shown as 547432 and it seems that the complainant is also being charged for the consumption being made by abovesaid Dharminder Singh. On 21.5.2019, the opposite parties disconnected his connection and he moved application to opposite party no.3 in this regard. However, his connection was restored on next day, but the opposite parties issued the above mentioned bill to him with a view to take revenge that why the complainant moved application in writing against them, issued the present bill.  On receipt of above mentioned bill, he approached the opposite party no.3 and requested him to rectify his bill and to receive actual consumption charges on basis of consumption made in the previous months or the months of proceeding year, as he never consumed electricity energy to such extent for this  the bill in dispute has been issued to him, but all in vain. Thus, there is deficiency and negligence in service on the part of the opposite parties. Hence this complaint.

 3.         Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that the complaint is not maintainable; the complainant has got no locus standi to file the present; the complainant has filed a false, frivolous and vexatious complaint by concealing the true facts from this Ld. Commission  and as such the complainant is liable to be burdened with special costs and the complainant has filed the present complaint with sole motive to avoid payment of the electricity charges legally and rightly demanded by the opposite parties for the electricity consumer by him. On merits, it was submitted that account number of Dharminder Singh is SF 741459, but due to clerical mistake and inadvertence, serial number of meter allotted to complainant Dilbag Singh was entered in the bill of Dharminder Singh and number of Dharminder Singh was entered in the bill of complainant. But actually supply was used by complainant Dilbag Singh from meter No.8390174 and he has been charged for the actual consumption. It was confirmed by inspecting the site by area Incharge JE Tirath Singh on 23.5.2019. It was next submitted that on the application of the complainant, Sh.Tirath Singh JE Incharge visited the site and made the observation that supply from the meter No.8390174 is being used by complainant and meter reading that time  was 10111 which is correct. The only mistake is that serial number of the meter in his bill is to be corrected. During inspection by the JE to confirm the supply being used, the supply of meter No.8390174 in the name of Dharminder Singh was disconnected, but then supply of the complainant became off and then it was confirmed that complainant is using electricity through meter No.8390174 and meter No.547432 is entered wrongly in his bill and necessary correction is going made by sending the advise to computer Centre Chandigarh. Demand of the opposite parties is legal, genuine and as per rules.   All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.       Alongwith the complaint, complainant has filed his own affidavit Ex.CW-1/A and copies of documents Ex.C-1 to Ex.C-9.

5.     Alongwith the written reply, opposite parties filed affidavit of Sh.Jasdeep Singh, SDO PSPCL Ex.OP-1 and copy of letter dated 21.5.2021 Ex.OP-2.

6.      Written arguments have not been filed by both the parties.

7.    We have carefully gone through the pleadings of counsel for the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.

8.     Complainant Dilbag Singh has alleged that his electricity meter has been disconnected even though he is paying his bills regularly as demanded by opposite party and placed on records bills Ex.C-2 to Ex.C-4 and receipt Ex.C-5. His request placed at Ex.C-8 was not acted upon by opposite party in right earnest rather on the contrary on learning of their own mistake of wrong billing, the supply of the complainant Dilbag Singh was disconnected after raising unilaterally a demand of Rs.36,600/- on  29.5.2019 for electricity supply which opposite party presumed that complainant had consumed.

9.     Opposite party has admitted in written statement para no.4 and 5 and the complainant was not billed correctly.

10.     In view of the aforesaid facts, it is clear that the complaint is genuine and hence is partly allowed. Opposite party is directed to set aside the bill for the amount of  Rs.36,600/- raised on 29.5.2019 as the same has been unilaterally  and is bereft of plausible independent evidence. Opposite party is further directed to pay Rs.5,000/- as compensation and litigation expenses to the complainant. Amount of Rs.36,600/- if deposited by complainant during the pendency of the case be refunded alongwith 9% interest p.a. from the date of deposit till its realization. Compliance of the order be made within 30 days from the date of receipt of copy of order.

11.        The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

12.    Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                       

            (Naveen Puri)

                                                                            President   

Announced:                                                   (R.S.Sukhija)

May 06, 2022                                                       Member

*MK*