Complainant Bashir Ahmad 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 recall the impugned bill and to install the new meter and to supply his electricity. Opposite parties be also directed to pay Rs.10,000/- for harassment and mental agony alongwith Rs.5,000/- as litigation expenses, in the interest of justice.
2. The case of the complainant in brief is that he is consumer of the opposite party as he has got installed an electric meter in his house for domestic purpose bearing Account No.G62PF720727N. He has been paying the consumption bills regularly to the opposite parties. His sanctioned load is 0.26 KW. He has further pleaded that the opposite party no.4 issued bill dated 8.4.2013 for Rs.17,231/- to him. On receiving the same he approached the opposite party no.4 and enquired the reason for such excessive amount but they advised him that the meter was not functioning properly, so the meter is to be changed and directed him to deposit Rs.10,000/- against the bill amount. He deposited the same vide receipt dated 9.4.2013 and he was further directed to deposit the fees for change of the meter, so he also deposited Rs.520/- vide receipt no.387 dated 15.4.2013. The opposite parties removed the meter and gave assurance to him that new meter would be installed within two days but thereafter the opposite parties did not install the new meter so far. He has next pleaded that after 15.4.2013 the opposite parties sent bills upto the month of October 2013 on average basis and the last bill was dated 7.10.2013 for Rs.13,916/- which is illegal, null and void and is liable to be recalled whereas the new meter was not installed.. The amount of Rs.10,000/- deposited by him on 9.4.2013 was also not adjusted in the bill after the month of April 2013 which is also illegal, null and void as the opposite parties did not restore his electricity supply. Thus there is 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 complainant has filed the false and frivolous complaint with the intention to take undue advantage of the process of law; the complainant has not approached this Forum with clean hands and has concealed the material facts intentionally and deliberately; the complainant is not the consumer of the opposite parties and the present complaint is not maintainable in the present form. On merits, it was submitted that the complainant has got the electric connection bearing account No.PF 72/7207 which was permanently disconnected on 24.7.2013 due to the non-payment of energy charges. It was further submitted that the complainant is a habitual defaulter. The consumption data from February, 2012 to October, 2013 of the complainant shows that the complainant has deposited Rs.2300/- on 2.1.2012 and again Rs.6500/- on 21.8.2012 and Rs.10,000/- on 9 April, 2013. Thereafter, the complainant did not pay the energy charges. Hence, the opposite parties permanently disconnected the electric connection of the complainant vide PDCO No.17/83031 dated 24.7.2013. The connection in dispute cannot be restored as per the rules and regulations of the department, as the connection in dispute was disconnected by the opposite parties about six months ago and as per rules and regulations of the department, no electric connection can be restored which was disconnected more than 6 months and if the complainant wants to restore the electric supply in that event it is necessary for the complainant to fulfill the necessary requirement of the department and got the new electric connection. The amount of Rs.13,916/-is still standing against the complainant as unpaid energy charges. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1, alongwith other documents Ex.C2 to Ex.C5 and closed the evidence.
5. Sh.Inderjit Singh Cheema S.D.O. PSPCL tendered into evidence his own affidavit Ex.OP1 and copy of consumption data Ex.OP2 and closed the evidence.
6. We have carefully examined the available evidence on the records so as to interpret the meaning and purpose of each document and also the scope of adverse inference for of some documents ignored to be produced by the contesting litigants.
7. From the pleadings and evidence on record we find that complainant obtained electric connection bearing No.PF72/7207 with sanctioned load of 0.26 K.W. and as such is a consumer of the opposite parties but the same connection was permanently disconnected on 24.7.2013 due to the non-payment of energy charges. The consumption data from Feb. 2012 to October, 2013 of the complainant shows that the complainant has deposited Rs.2300/- on 2.1.2012 and again Rs.6500/- on 21.8.2012 and Rs.10,000/- on 9 April, 2013 and thereafter complainant did not pay the energy charges. Hence his connection was permanently disconnected vide PDCO No.17/83031 dated 24.7.2013. The amount of Rs.13916/- is still standing due against the complainant as unpaid energy charges. As such we are of this considered view that the amount claimed is the unpaid energy charges only and there is no
deficiency in providing services by the opposite parties.
8. In the light of the all above we order for the dismissal of this complaint being filed without any merit in it. No order as to cost.
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,04 2016 Member
*MK*
