Complainant Amarjit 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 delete the illegal demand of Rs.20,390/- vide bill dated 20.9.2015 and also to pay Rs.25,000/- as damages to him, in the interest of justice.

2.        The case of the complainant in brief is that he belongs to Schedule Caste being Mazbi Sikh Community and as per Punjab Government’s instruction, he got the electricity connection bearing no.G21SF542136W installed in his premises on or about 25.9.2013 through the opposite party no.2 under the scheme formulated by the Govt. called as B.P.L. Scheme and as per the said Scheme, the meter was installed by the department without any charges and without deposit of any security and the entire work was done by the opposite parties on the assurance that the consumption of the electricity is free from any charges against electricity consumption.  He has further pleaded that on 20.9.2015, the opposite party no.2 issued a bill dated 20.9.2015 for Rs.20,390/- to him. The said bill is illegal, ultravires, null and void.  He issued the notice to the opposite parties on 18.11.2015 and informed the opposite parties about the scheme formulated for poor persons as mentioned above but to no effect and due to the above mentioned acts, there is a deficiency 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 by taking the preliminary objections that the demand of Rs.20,390/- vide bill dated 20.09.2015 of the complainant is a legal and genuine demand as it is based on the actual consumption of the complainant; the complainant has not approached this Forum with clean hands and the complainant filed false and frivolous complaint against the opposite parties. On merits, it was submitted that the complainant got his electric connection in September 2013 and due to the implementation of the new online system the electric bills had not been issued to the consumers including the complainant by the opposite parties and in September 2015 the complainant was issued a bill dated 20.09.2015 amounting to Rs.20,390/- of 2665 consumed units. His connection never falls under the BPL/S.C. Category scheme. He never applied to the department for BPL/S.C. Category Scheme. The concession of 200 units under the BPL/S.C. Category should be given to the consumer after the installation of the electric connection and after the issuance of First bill when the consumer applied after completing all the requisite documents and formalities. But the complainant did not apply to the department. Hence, he does not come under the BPL/S.C.Category Scheme. So, the bill dated 20.09.2015 amounting to Rs.20,390/- is legal and genuine bill issued according to his actual consumption and he is liable to pay the bill in dispute. So, there is no deficiency in service on the part of the opposite parties and the complainant had also not paid the next current bills. All other averments made in the complaint have been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.      Complainant tendered into evidence his own affidavit Ex.C-1, alongwith other documents Ex.C2 to Ex.C9 and closed the evidence. 

5.       Sh.Yusaf Masih S.D.O. PSPCL tendered into evidence his own affidavit OP1, alongwith other documents Ex.OP2 and Ex.OP-3 and closed the evidence.

6.      We have duly heard the learned counsels for both the sides and find that the complainant had been the holder of electric connection # G21SF542136W since the year 2013 under the Govt.’s BPL (Below Poverty Line) scheme with exempted free units to the SC/ST category consumers. However, the consumer received the consumption Bill dated 20.09.2015 for Rs.20,390/- prompting the present complaint.

7.       The OP Corporation has in turn pleaded that the complainant never produced his BPL card and SC category certificate to avail of the Govt. approved benefits to the special category deserving consumers. The learned counsel for the OP Corporation has duly stated during the course of arguments that his clients shall still release the deserving benefits on merit in response to the complainant’s application for the same. We are convinced that the OP Corporation could not have released the available special category benefits in the absence of a formal application duly supported by the evidentiary evidence.         

8.       In the light of the all above, we are of the considered opinion that the present complaint shall be best disposed of by directing the present complainant to simply apply for the special category benefits (to OP Corporation) duly supported by the documentary evidence within 15 days of the receipt of the copy of the present orders and the OP service providers in turn shall release all the eligible benefits to him from the date of release of the connection within 15 days of receipt of the formal application with documents etc besides to pay him Rs.3,000/- as cost and compensation otherwise the awarded amount shall attract interest @ 9% PA from the date of the complaint till actual payment. The recovery of the impugned amount shall remain stayed till the release of benefits by the OP Corporation.

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)

July, 22 2016                                                          Member

*MK*