Complainant Gurjit Singh Chairman of Guru Nanak Dev Dharamshalla, Shehzada Nangal, Gurdaspur, Tehsil and District Gurdaspur, through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has sought issuance of necessary directions to the titled opposite parties to withdraw the impugned demand raised in bill dated 25.11.2014 and to set aside/quash the bill in question and issue the bill after making proper consumption. He has also claimed Rs.10,000/- as compensation for the mental agony, harassment and inconvenience suffered by him including litigation expenses all in the interest of justice.
- The case of the complainant in brief is that he has got installed an electric connection in the Gurudwara premises bearing Account No.G-44MF-451083 and paying the electricity charges regularly to the opposite parties without any default and as such he is the consumer of the opposite parties. The said electricity connection was domestic one and the connected load was 1.67 K.W. The consumption of the average bills of the complainant was 500 to 600 units. It was pleaded that complainant was receiving the excessive bills and approached the opposite party no.3 with the request that there is some fault in his meter as he never used such type of excessive energy. He has moved certain applications to the opposite party no.3 in this regard and requested them either to change the meter or to remove the defects occurred in the meter but all the legal and genuine requests made by the complainant were put to deaf ears of the opposite parties as they have not gave any satisfactory reply in this regard. It was further pleaded that opposite parties have issued a bill dated 25.11.2014 to the complainant amounting to Rs.31,140/- for 47 days and consumption was shown 506 units but the said bill is illegal, null & void and not binding upon the rights of the complainant as he never used such like excessive energy. There are few equipments lying in the Gurudwara premises which are plying with the electricity. The meter in question was installed by the opposite parties outside the Gurudwara which was under the lock and key of the opposite parties. It was next pleaded that complainant has approached the opposite party no.3 and requested them to withdraw the impugned demand raised in the bill in question. Firstly, opposite party no.3 putting off the matter with one pretext or the other and lastly they refused to admit the claim of the complainant and threatened the complainant they will disconnect his electric connection if he will not pay the impugned amount, hence this complaint.
3. Upon notice, the opposite parties appeared through their counsel and filed the written reply by taking the preliminary objections that complainant has filed false and frivolous complaint and has not approached this Forum with clean hands and concealed the material facts. Present complaint is not maintainable in the present form as complainant did not fall under the definition of Consumer and complainant has no locus standi to file the present complaint. On merits, it was admitted that complainant is the consumer of the opposite parties as account no.MF-45/1083 was sanctioned in his name. It was also admitted that opposite parties have issued bill dated 25.11.2014 for Rs.31,140/-. It was submitted that opposite parties have issued legal and genuine bill to to the complainant regularly as per their reading but he was defaulter as he was not paying the bills regularly. It was further submitted that complainant paid the last bill dated 22.11.2013 and now paid the amount of Rs.15,570/- on 23.1.2015 as per the direction of this Hon'ble Forum i.e. 50% amount of the disputed amount. It was next submitted that current bill of the complainant was dated 25.11.2014 for Rs.3326/- and rest of Rs.27,651/- were the arrears of the unpaid energy charges. The said demand is legal and genuine and the consumption data from May, 2012 to January, 2015 are attached. Status of the meter was OK. It was also submitted that complainant is a habitual defaulter and not paid the bills in time. All other averments made in the complaint have been denied and lastly the complaint has been prayed to dismiss with costs.
- Complainant tendered into evidence his own affidavit Ex.C1, affidavit of Rajinder Singh Ex.C2 alongwith other documents Ex.C3 to Ex.C13 and closed the evidence.
- Concerned S.D.O. of the opposite parties tendered into evidence his own affidavit Ex.OP-1 alongwith other documents Ex.OP-2 and Ex.OP-3 and closed the evidence.
6. We have duly considered the pleadings of both the parties; heard the arguments advanced by their counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint.
7. From the pleadings and evidence on record it is an admitted case of both the litigating parties that the complainant has obtained electric connection from the opposite parties bearing account no.G-44MF-451083 in his name as such is a consumer of the opposite parties. The opposite parties have issued bill dated 25.11.2014 for Rs.31,140/- which as per the version of the complainant is excessive and illegal one.
8. On the other hand opposite parties have proved the genuineness of the demand raised vide impugned bill and have rather proved that there is no deficiency in service on their part and have issued a legal and genuine bill to the consumer. We find that the complainant has not been paying the bills regularly and was a defaulter of the opposite parties. The complainant paid the last bill dated 22.11.2013 and during the pendency of this complaint paid the amount of Rs.15,570/- only on 23.1.2015. The current bill of the complainant was for Rs.3326/- and rest of Rs.27,651/- were the arrears of the unpaid energy charges. So the complainant was not paying the bills in time and the amount claimed is only the unpaid energy charges and hence finding no merit in it the same is hereby dismissed.
9. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Naveen Puri)
President.
ANNOUNCED: (Jagdeep Kaur)
OCT. 8, 2015 Member.
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