Complainant Bawa Masih through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the opposite parties be directed to rectify the bill dated 4.2.2015 and to receive the actual consumption charges on the basis of last six months or the months of preceding year and not to recover the amount in question illegally, forcibly and by adopting coercive methods. Complainant has also claimed Rs.10,000/- for the mental agony, physical torture and financial loss caused by the opposite parties to the complainant due to deficiency in service and unfair trade practice on their part.
- The case of the complainant in brief is that he is the consumer of the opposite parties as he has installed an electric connection in his name bearing A/c No.G-33-AT-651727X and using the electricity and paying its bills etc. regularly and nothing was outstanding against the complainant. The sanctioned and existing load of the complainant was 1 K.W. and status of the meter was also 'O'. It was pleaded that complainant owns a small house and has a very small family and consumption of the electricity was also very less. The average bimonthly consumption of electricity of the complainant was 250 to 300 units. It was pleaded that on 4.2.2015 opposite parties issued bill No.963 amounting to Rs.26,730/- to the complainant in which total consumption was shown as 3820 units and prior to receipt of the same complainant had paid upto date bills and nothing was out standing against him. It was further pleaded that on receipt of this illegal bill complainant approached the opposite party no.4 and requested them to rectify his bill and to receive actual consumption charges on the basis of consumption made in the previous months or the months of preceding year, as he never consumed electricity energy to this extent for which bill in question was issued to him. Opposite party no.4 called the complainant to their office time and again after a gap of week or fortnight with assurance that they will rectify the bill in dispute but after 3-4 callings opposite party no.4 instead of rectification the same refused to take any action in the matter. Rather they humiliated the complainant in the presence of their employees and other persons present in their office and threatened him they will recover the amount in question from him forcibly by adopting coercive methods and to disconnect his connection, if he will not pay the same. It was further pleaded that neither the complainant used the electricity to his extent nor he came into arrears. No notice including such like huge amount was served upon the complainant and the demand without any checking and notice is illegal against the rules, cryptic, arbitrary, without any basis and liable to be withdrawn and not binding upon the complainant. It was next pleaded that no checking was ever made by the officials of the opposite parties nor the complainant used any unfair means. If any alleged checking report produced by the opposite parties then the same seems to be forged and fabricated document prepared after thought and not binding upon the complainant and demand in question is liable to be quashed. Complainant is a poor person and not in a position to pay such like huge amount, hence this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that complaint is not maintainable in the present forum. That the demand had been raised by the opposite parties on account of actual consumption of electricity recorded by the meter and meter status was OK and as per consumption of units consumed by the complainant a demand raised during period 2/15 for Rs.26730/- pertaining to 3820 units of consumption which the complainant had not paid alongwith surcharge due to non-payment of dues the connection had been disconnected as per rules, provisions, instructions and regulations under the Electricity Act & Electricity Supply Act. Complainant has not paid the bills of actual energy consumption and thus the complaint is not maintainable. On merits, it was stated that bill of 4.2.2015 in which consumption was shown 820 units recorded by the meter and as reported by meter reader. The private agency and their agents were recorded the meter readings and as reported by them demand of Rs.26,730/- was raised from the complainant. It was also made clear during period 1/14 old reading was 1020 and new reading was 1502 and consumption of 482 units was raised and same was paid. During the period of 1/15 old reading was 1502 and new reading was 5322 thus consumption was 3820 units and bill of Rs.25,380/- alongwith Rs.4242/- as surcharge and total Rs.27622/- was raised and the same was remained unpaid. All other averments made in the complaint have been denied. Lastly opposite parties have prayed for dismissal of the complaint with costs.
4. Complainant tendered into evidence his own affidavit Ex.C1 along with documents Ex.C2 to Ex.C5 and closed the evidence.
5. Sh.Kasturi Lal S.D.O. P.S.P.C.L. of the opposite parties tendered into evidence his own affidavit Ex.OP-1 alongwith document Ex.OP-2 to Ex.OP-6 and closed the evidence on behalf of opposite parties no.1,2 and 4.
- 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.
- The sanctioned and existing load of the complainant is 1 K.W. And status of meter is also 'O'. The complainant owns a small house. Average bimonthly consumption of electricity of the complainant is 250 to 300 units. The opposite parties issued bill No.963 dated 4.2.2015 to the complainant for Rs.26,730/- in which total consumption is shown as 3820 units. 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. The load of the complainant 's house is only of 1 K.W. But bill is very huge and excessive and it is non speaking.
- In the light of all above we find that this complaint can be disposed off by giving directions to the opposite parties to charge either average of six months of the current year or of the corresponding months of previous year by way of giving a fresh notice within a period of 45 days from the receipt of copy of orders.
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)
OCT. 23, 2015 Member.
*YP*
