Complainant Ashok Gupta 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 recover the actual consumption amount from him. Opposite parties be further directed to restrain from disconnecting his electric connection till the final decision of the complaint and to pay Rs.10,000/- as compensation for mental agony, physical torture and financial loss caused by the opposite parties to him due to deficiency service and unfair trade practice on the part of the opposite parties.

2.        The case of the complainant in brief is that he for the purpose of earning livelihood for himself and for his dependent family members has constructed a Godown. He has not engaged services of any servant. An electric connection bearing Account No.G 44 MF 491855F (Old) and 30000192898 (new) has been installed in his name. He is using the electricity paying its bills etc.  His sanctioned and existing load of this connection is .840 KW. His average bimonthly bill of this shop is about Rs.250/- to 300/-. About 1.1/2 years back, the electric meter installed in his Godown stopped. He moved application to the opposite parties and his meter was changed in November 2016. To his utter surprise, the opposite parties issued a bill dated 05.01.2016 for Rs.45,970/- which is totally illegal, highly excessive, arbitrary. He has paid upto date bills and nothing is outstanding against him. On receipt of the illegal bill in question, he approached the opposite party no.3 and requested him to rectify the bill and to receive the actual consumption amount but all in vain. 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; the complainant has not come to this Forum with clean hands and the complaint is not maintainable. On merits, it was submitted that the complainant is a habitual defaulter and not paying the bills regularly and challenged the disputed bill without any reason with the intention to linger on the process of payment of the unpaid energy charges. The last bill was paid by the complainant on 10.4.2014 of Rs.350/- and after that the complainant paid Rs.11,800/- on 8.3.2017 on the direction of this Hon’ble Forum. During the period of 2 years 11 months the complainant had not paid a single penny to the opposite parties whereas the opposite party supplied the electricity to the complainant without any interruption and also issued the electric bills without any default, but the complainant deliberately not paid the electric bills and now the complainant has filed the present false complaint with the intention to take the undue advantage of process of law. All other averments made in the complaint have been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.       Counsel for the complainant has tendered into evidence affidavit of complainant Ex.C1, alongwith other documents Ex.C2 to Ex.C6 including Ex.C-3A and closed the evidence.

5.       Counsel for the opposite parties tendered into evidence affidavit of Er.Pritpal Singh Ex.OP-1 alongwith other documents Ex.OP-2 to Ex.OP-20 and closed the evidence.

6.     We have duly heard the learned counsels for both the sides in the back drop of the legally applicable merit of the supporting evidence/ document(s) as produced by the litigating parties in order to statutorily resolve the inter-se dispute (in accordance with the provisions of the Consumer Protection Act’ 1986) prompting the present complaint. We observe that the complainant had been quite an old time consumer of the opposite party service providers/corporation being the valid beneficiary of Old A/c # G 44 MF 491855 F and New # 30000192898 DS Connection in his name, at his store/godown. He has filed the instant complaint for statutory redressal of his grievance caused on account of receipt of an excessive consumption Bill dated 05.01.2016 for Rs. 45,970/- (Ex.C2). The complainant reported the matter to the related SDO about the defective billing but only to receive rude threats of forcible recovery through disconnection and other coercive means. The evidentiary Affidavit (Ex.C1) along with other documents Ex.C2 to Ex.C6 as produced by the complainant satisfactorily and sufficiently proves the complaint-raised allegations.

7.       However, upon appearance, the OP service providers did admittedly depose the fact (Affidavit Ex.OP1) of defective Meter continuing for quite a long period but along with non-payment of consumption Bills (raised on average basis) by the present complainant who somehow had been a willful and habitual defaulter having paid Rs. 350/- on 10.04.2014 last besides Rs.11,800/- on 08.03.2017, in compliance to the forum’s interim orders.

8.       We further find that the complainant has neither rebutted the above OP deposition nor he has produced any Bill Deposit Receipt for any consumption charges paid during the intervening period and that makes him liable to pay the same at least proportional to his own admitted consumption of Rs.250/- to Rs.300/- per bi-month in the previous years prior to the year 2014. Interestingly, though in-orderly the OP Corporation has also neither contested the complainants’s above statement nor has disclosed its own assessment of charged average consumption on load-basis or past-consumption-basis and that surely invalidates the raised impugned Bill (Ex.C2) dated 10.12.2016 for Rs. 45,970/-. We are also not convinced as to how the defective Meter was first charged for the incorrect reading display as was read out for the correct consumption and subsequent billing etc. Further, we are of the considered opinion that the opposite party service providers/corporation have acted in an arbitrary and unauthorized illegal manner in the present case and thus the present complainant shall be legally liable to pay as per his actual consumption, only. Somehow, we find that the impugned demands as put forth upon the complainant for payment of the levied charges by the opposite party corporation has not been a matter of routine and also not in accordance with the legally accrued amounts as per their own Sales & Distribution of Electricity Rules & Regulations and the details were neither detailed out in the impugned Bill nor any pre-notice was served, as requisite.

9.          In the light of the all above, we are of the considered opinion that the present complaint shall be best disposed of in the following manner and thus ORDER the OP Corporation to set-aside all the impugned Bills (presently) raised during the continuation of the defective Electric Meter and instead raise  the same at least proportional to his own admitted consumption of Rs.250/- to Rs.300/- per bi-month in the previous years prior to the year 2014 who shall however be liable to pay the same along with the metered Bills for the periods during which the Meter has been in an orderly working order after due and transparent appropriation of his deposited amounts. The OP3 SDO is directed to expeditiously and amicably resolve the matter in issue in compliance to the present orders in letter and spirit. The entire exercise shall be completed by OP's within 60 days from the receipt of copy of orders and meanwhile recovery of the impugned amount shall remain stayed. 

10.      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)

May 18, 2018.                                            Member

*MK*