Complainant Rajinder Kumar 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 bills in question and to recover the actual consumption amount from him, if any, after giving concession of exempted units.  Opposite parties be further directed to restrain from disconnecting his electric connection, till the final decision of the complaint alongwith compensation amounting to Rs.10,000/- for mental  agony, physical torture and financial loss caused by the opposite parties to him due to deficient service and unfair trade practice and Rs.5,000/- as litigation expenses, in the interest of justice.

2.        The case of the complainant in brief is that he has installed an electric connection in his house for domestic purpose bearing Account No.G62 CF 223116M in his father’s name Sh.Om Parkash. Said Sh.Om Parkash has since expired and after his death he being his son/L.Rs is residing in house where the connection is installed. He has been paying the consumption bills regularly to the opposite parties.  Thus he is beneficiary/consumer of the opposite parties. He is poor labourer and belongs to Scheduled Caste Community. He has a very small house. There are only 3 bulbs and 2 Fans in his house. 200 units P.M. of the S.C. Community has been exempted by the Govt. of Punjab. His meter has been installed at a common place in Almirah alongwith meters of other inhabitants of the locality since July 2014. His consumption was less than the exempted units, but the opposite parties issued bill dated 30.8.2014 for Rs.46,668/-, in which total consumption made by him is shown as 6459 units. The bill in question is totally wrong, exaggerated, arbitrary, much more than the actual consumption made by him. He never used the electricity energy to this extent nor he was in arrears. He has further pleaded that after receiving this highly inflated bill he did not use electricity continuously for a period of 4 days, but his meter was showing consumption. Thereafter, he moved an application to the opposite party no.4 and requested him to rectify his bill as his meter is giving wrong meter reading and the same is defective one. They called him to his office four times after an interval of 8-10 days and ultimately the opposite party no.4 told him that his meter has been checked in the M.E.Lab and the same is O.K. He has next pleaded that neither the meter was removed in his presence, nor the same was checked in M E Lab in his presence, nor any notice was served upon him before checking the meter in M. E. Lab, hence the alleged checking report if any produced by the opposite parties, the same is also illegal, null and void and not binding upon him. To his utter surprise, now the opposite parties after a lapse of one year, again issued bill dated 9.9.2015 for Rs.98,691/-, in which an amount of Rs.48,906/- has been added as arrears and as such the bill issued by the opposite parties is illegal, null and void, against, arbitrary, beyond the actual consumption made by him and the same is liable to be rectified. On receipt of illegal bill dated 9.9.2009 he again approached the opposite party no.4 and requested them to rectify the bill and receive the actual consumption charges, if any, as he never used electricity to such an extent for which the bill is issued. He also requested the opposite party no.4 to explain reason for showing such like exaggerated consumption and for checking of electricity meter installed in his premises but of no use. Hence this complaint.

3.       Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply by taking the preliminary objections that the complainant has filed the false and frivolous complaint with the intention to harass the opposite parties; the complainant is not the consumer of the opposite parties; the complainant has not approached this Forum with clean hands and has concealed the material facts intentionally and deliberately and  the complaint is not maintainable in the present form as the complainant has no cause of action to file the present complaint. On merits, it was submitted that the account no.CF 22/3116 is sanctioned in the name of Om Parkash. It has been next submitted that the complainant had consumed 7868 units in the month of September, 2015 and the unpaid energy bill of the complainant was Rs.3980/-, hence the opposite parties has issued the Bill of Rs.98,691/- to the complainant. The status of the meter of the complainant is OK. So the amount demanded by the opposite parties is legal and genuine. There is no deficiency in services on the part of the opposite parties. The opposite parties have refunded the amount of Rs.38,965/- to the account of the complainant vide SCO No.26/107. Actually the electric meter of the complainant was removed in the presence of the complainant. The complainant has also given the consent for the checking of his meter in the ME Lab in his absence. Thereafter, the electric meter of the complainant was sent to the ME Lab and same was checked on 3.12.2014 and during the checking, it was found that the electric meter was correct one, hence the ME Lab direct to charge the electric bill as per the reading of the meter. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.      Complainant tendered into evidence his own affidavit Ex.C1, alongwith other documents Ex.C2 to Ex.C12 and closed the evidence. 

5.       Counsel for the opposite parties tendered into evidence affidavit of Er.Inderjit Cheema S.D.O. PSPCL Ex.OP1, alongwith other documents Ex.OP2 to Ex.OP-6 and closed the evidence.

6.     We have carefully examined the documents/evidence produced on record along with that ignored to be produced to support/prove their respective ‘claims’ as duly pleaded by the present litigants in the light of the arguments as put forth by the learned counsels, while adjudicating the present complaint. We find the present complaint prompted on account of the impugned Electricity Consumption Bill Ex.C2 dated 30.08.2014 for Rs.46,668/- alleged as excessive by the complainant measured against his past ‘consumption’ and present ‘usage’ etc. The OP service providers at the request of the complainant got his Electric Meter ‘lab-tested’ on 03.12.2014 and found the same ‘okay’ for correctness and accuracy and thus another comprehensive up to date Bill Ex.C4 dated 09.09.2015 for Rs.98,691/- was drawn. Somehow, the OP service providers have claimed to have corrected/moderated the impugned consumption Bill by an amount of Rs.38,965/- vide SCO # 26/107 but have not provided the requisite basis of the correctional ‘moderation’ along with its dates etc.

7.       It is not understood as to how and on what supply rules basis, the OP Corporation has stated that 7868 units of electricity were consumed by the complainant in September’ 2015 since the recorded ‘consumption’ history Ex.C5 defies the same. Moreover, the consumption Bills Ex.C6 to Ex.C12 duly prove that starting from March’2014 to July’ 2015, the monthly consumption never exceeded 200 units per month and whereas the OP’s own produced certificate Ex.OP2 & Ex.OP3 further prove that the complainant has been duly availing the Electricity Concessions (as per his entitlement) since the Year 2011 (previous old records having moth-eaten/destroyed) and thus has also been entitled to ‘200 units’ per month of ‘free’ consumption units. We do not find the ‘OP Statement’ to be legally acceptable as forwarded/ put forth by them in the written reply and the accompanying affidavit in the matter of settlement of accounts upon detection of such a large consumption of units in one single month. The OP Corporation was naturally desired to first settle the previous accounts in the wake of the presently detected anomaly. The matter in issue (rules & adopted plan/basis of calculation) i.e., raising the future impugned Bills (in accordance with its own Supply & Tariff Rules) has been vehemently ignored (by OP Corporation) to be satisfactorily explained in its ‘written reply’ as well as in its deposition (Affidavit Ex.OP1). The present situation vividly depicts the callous and unruly state of affairs at the OP2 office-level pertaining to raising & issuance of the consumption Bills upon its consumers and the callous/negligent attitude of the OP officials towards its customers.

8.       In the light of the all above, we prefer to dispose off the present complaint by giving directions to the parties and ORDER the titled opposite parties to issue a detailed notice to the complainant explaining therein rules and basis of calculation of the impugned Bills and to suitably moderate the entire consumption Bills as per the complainant’s entitlement right from the period of the first impugned Bill dated 30.08.2014 to till the date of the present orders besides to pay him Rs.3,000/- as compensation for having caused him un-necessary harassment within 30 days of the receipt of the copy of these orders otherwise the awarded amount shall attract interest @ 9% PA from the date of the orders till actually paid.

9.           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)

June, 07 2016                                                     Member

*MK*