Complainant Amrik Singh 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 their illegal demand of Rs.56,227/- raised vide bill dated 7.8.2014. He has also claimed compensation along with litigation expenses for the mental agony, harassment and inconvenience suffered by him all in the interest of justice.
2. The case of the complainant in brief is that he had installed an electric connection bearing A/C No.G-44MF-451345X in his house and had paid the energy charges to the opposite parties regularly without any default as such he is consumer of the opposite parties. Complainant had stated that he was paying his electricity bills ranging between Rs.1500/- to Rs.2000/- for two months. Complainant has further stated that opposite parties have issued a bill dated 7.8.2014 amounting to Rs.56,227/- without adopting any proper criteria or considering the units consumed by him. Complainant has also stated he requested the opposite parties many times to admit his claim but of no avail. He has further stated that the above said bill is illegal, null & void.
3. Upon notice, the opposite parties appeared through their counsel and filed the written reply. It was denied that the bills of the complainant was ranging between Rs.1500/- to Rs.2000/-. It was admitted that impugned bill is correct, legal and as per rules. The fact of the matter is that when the complainant had paid his bill amounting to Rs.2095/- on 20.12.2012 then nothing was outstanding against him. It was stated that next bill was issued on 2.7.2013 for 204 days and 2377 units and the bill amounted to 16076/- but the same has not been deposited by the complainant. It was further stated that next bill for 77 days and 897 units amounting to 21272/- this bill was included charges which were not deposited earlier by the complainant for 897 units and the said bill was issued on 1.10.2013 but this bill too was also not paid by the complainant. It was also stated that on 17.12.2013 another bill for 93 days, 469 units and 25646/- was issued to the complainant, this bill was also included the previous unpaid bill and other similar charges. Similarly, the said was also not paid by the complainant. In this way this bill was an accumulated bill for 624 days, 8374 units and other charges. It was stated that complainant had deposited 14780/- on 22.9.2014 as per the orders of the court and in the mean while a fresh bill for consumption of 662 units of energy up to 10.10.2014 had been raised and the amount outstanding against the complainant today after deducting 14780/-, is 50110/-. All other averments made in the complaint have been denied and lastly the complaint has been prayed to dismiss with costs.
- Complainant has tendered into evidence his own affidavit Ex.C1, Sh.Jatinder Pal Singh has also tendered into evidence his own affidavit Ex.C5 along with other documents Ex.C2 to Ex.C4 and closed the evidence.
- Concerned S.D.O. of the opposite parties has tendered into evidence his own affidavit Ex.OP-1 along with other documents Ex.OP-2 to Ex.OP-6 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 clear that the complainant is the holder of electricity connection bearing account no.G-44MF-451345X and as such is a consumer of the opposite parties. The complainant has challenged the bill dated 7.8.2014 for Rs.56,227/- being excessive and issued without adopting any proper criteria and the same is not as per the unit consumed by him.
- On the other hand the opposite parties have argued that the complainant is a habitual defaulter and the impugned demand is nothing but actual consumption charges only. It is the case of the opposite parties that a bill was issued on 2.7.2013 for 204 days and 2377 units for Rs.16076/- but the same was not paid by the complainant. The next bill for 77 days and 897 units for Rs.21272/- which included previous charges also not paid by the complainant. It is also submitted by the opposite parties that similarly next bill was issued on 17.12.2013 for Rs.25646/- which included previous unpaid bills also not paid by the complainant. In this bill was an accumulated bill for 624 days and 8374 units. The complainant only deposited Rs.14780/- on 22.9.2014 and the amount outstanding against the complainant after deducting Rs.14780/-, is Rs.50110/-. In this way we find that there is no deficiency in service on the part of the opposite parties in raising the impugned demand/bill. The amount claimed by the opposite parties vide impugned bill is the energy charges only and as such finding no merit in it the present complaint is hereby dismissed with no order as to its costs.
- 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)
March 10, 2015 Member.
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