Complainant Balwinder 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 for the setting aside bill dated 20.03.2015 and subsequently bill dated 25.05.2015, 28.09.2015. Opposite parties be further directed to pay Rs.20,000/- as compensation for harassment and mental agony and Rs.10,000/- as litigation expenses, in the interest of justice.

2.        The case of the complainant in brief is that he has installed  a domestic electric connection bearing account No.G44RF390345A and has been paying the electricity bills regularly to the opposite parties and as such he is consumer of the opposite parties. On 20.11.2014, the opposite parties took the meter reading of 16451 with ‘Code-O’ and thereafter on 30.1.2015 took the reading as 16918 with ‘Code-N’. Thereafter, on 20.3.2015 the opposite parties took the reading of meter as 22117 and asked him that meter has got faulty and reading of the meter has been jumped. His load is less than 2 Kilowatt. He has further pleaded that opposite parties issued illegal bill dated 20.3.2015 for Rs.41,580/- payable by 6.4.2015 by cash and 1.4.2015 by cheque despite the fact that meter is faulty and reading has been jumped. Then he moved an application to the SDO of the opposite parties requesting him that his employee has told him that meter has jumped and 5000 unit has been stated to be consumed and requested the SDO that the average bill may be issued to him. Meter was checked and given marking on the application that the figure of the meter reading is upset, so the meter be challenged but no bill was issued to him. He moved number of applications on different dates but of no use. On 27.08.2015 he again moved an application stating all the previous facts but no action was taken by the opposite parties deliberately and knowingly that meter has got faulty and figure of the meter reading has got upset and issued the illegal bill dated 20.3.2015 to him which is illegal, null and void and he is not liable to pay the amount of Rs.41,580/-/Rs.44,963/-(after due date). He is poor person and cannot pay the amount of the bill in dispute. Opposite parties have also issued subsequently illegal bills dated 25.5.2015 for Rs.42,300/- and thereafter bill dated 28.09.2015 for Rs.43,240/-/43,286. So there is deficiency in service on the part of the opposite parties. The bills dated 20.3.2015, 20.05.2015 and 28.9.2015 are illegal, null and void and are liable to be set aside. 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 instant false and frivolous complaint against the opposite parties, which is having no merits at all; the complainant has not come to the Forum with clean hands  and concealed the material facts from this Forum; the present complaint is not maintainable in the present form and complainant has filed false and frivolous complaint against the opposite parties and the complainant by way of moving this false and frivolous complaint wants to harass and victimize the opposite parties and to drag them into unwanted litigation, as such the opposite parties claim special costs from the complainant Under Section 35-A of. On merits, it was submitted that the meter of the complainant was changed by the employees of the opposite parties from Mechanical to Electronic Computerized one. In the month of January 2015 the bill was issued to the complainant on average basis and thereafter the opposite parties have again issued next bill dated 20.3.2015 in which the actual consumption of the complainant was noted down as 5666 units. The complainant has consumed 5666 units and the opposite parties have deducted the amount of Rs.2862/- of earlier bill in the month of January 2015 and made demand of Rs.41,640/- from the complainant, which is quite legal and valid one. The demand raised by the opposite parties vide bill dated 20.3.2015 is legal, valid, genuine and binding upon the complainant. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs of Rs.20,000/- under section 35-A of Civil Procedure Code..

4.      Complainant tendered into evidence his own affidavit Ex.C1, alongwith other documents Ex.C2 to Ex.C11 and closed the evidence. 

5.       Counsel for the opposite parties tendered into evidence affidavit of Harmanpreet Singh Gill S.D.O. Ex.OP1 alongwith other documents Ex.OP2 to Ex.OP-5 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 produce on record with the valuable assistance on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint.

7.        That the sanctioned and existing load of the meter of the complainant is only 1.010 KW. The complainant owns a small residential house and he is paying the electricity bills to the opposite party regularly. That on 20.11.2014 the opposite party took the meter reading of 16451 with ‘code o’ and thereafter on 30.1.2015 the opposite party took the reading of meter as 16918 with “code N” (meaning thereby that reading not taken) Thereafter on 20.3.2015 the opposite parties took the reading of meter as 22117 and asked the complainant that meter has got faulty and reading of meter has been jumped. The opposite parties issued bill dated 20.3.2015 of the amount of Rs.41,580/- payable by 6.4.2015 despite the fact that meter is faulty and reading has been jumped. The complainant then moved an application to the S.D.O. of the opposite parties and requested the S.D.O. that the average bill may be issued to complainant. The complainant produced on record application Ex.C6 and on behalf of that application the meter was checked by the opposite parties and gave marking on the applications that the figure of the meter reading is upset and so meter he challenged. But no bill was issued to the complainant of the amount as per average of the previous months. The complainant has made so many complaints to the opposite parties and complaints are on record as Ex.C-7, Ex.C8 and Ex.C9. As per document Ex.P9, the complainant was ready to check his meter from laboratory. No intimation was given to the complainant for checking of meter and the complainant was not called in laboratory at the time of checking of meter till today. Bimonthly consumption is May 2013                   624 units

                        Sept. 2013                 864 units

                        Nov. 2013                  248 units

                         Jan. 2014                             150 units

                        March 2014                154 units

                        May 2014                   256 units

                        July 2014                   550 units

                        Sept.2014                  439 units

                        Nov. 2014                  216 units

                       March 2015                5666 units

                       May 2015                    100 units

That the regular consumption of the complainant is very small whereas the readings shown as 5666 unit is wrong and due to jumping the figure of the meter reading. There is no arrear of bill of the complainant. No notice before including such like huge amount in the bill was served by the opposite parties to the complainant. Even meter was not checked by the opposite parties from M.E.Lab in the presence of complainant which act of the opposite parties amounts to deficiency in service.

8.        In the light of our above observation and findings, complaint filed by complainant is partly allowed and the impugned demand of the opposite parties of bill dated 20.3.2015 to the tune of Rs.41,580/- is held illegal null and void. The opposite parties are restrained to recover the aforesaid amount from the complainant. If the complainant has deposited any amount against this demand be refunded/adjusted in the future bills of the complainant. Compliance of the order be made within a period of 30 days from the receipts of copy of the order, failing which opposite parties shall refund the deposited amount @ 9% interest from the date of order till actual payment.

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)

February,18 2016                                                               Member

*MK*