Bhag Singh complainant has filed this complaint U/s 12 of the Consumer Protection Act of 1986 against the opposite parties praying that his complaint may be accepted with costs and directions may be issued to the opposite parties to restore the electric domestic connection of the complainant bearing A/c No.G-31KL-841311K and correct the bill dated 14.03.2017 and charge the bill as per the instructions  of Government of India after waving the units allotted to complainant caste category and also charge the bill accordingly to the actual consumption of the complainant and also restraining the opposite parties from recovering the amount of Rs.l,12,424/- from the complainant. Complainant has further prayed that opposite parties may be burdened with compensation of Rs.20,000/- on account of physical harassment and mental agony. Complainant has also prayed that any other relief which this Hon’ble  Froum may deem it fit, may also be granted to the complainant, in the interest of justice.

2.       The case of the complainant in brief is that he applied for new electric domestic connection under the category of Schedule Caste in his house on 13.08.2013 as he belongs to Majabi Sikh and completed all the formalities of the opposite parties for obtaining domestic electric connection. It was pleaded that the opposite parties in the month of September, 2013 installed electric connection in the house of the complainant bearing Account No.G-31KL-841311K but opposite parties did not issue any bill to the complainant whereas complainant approached the opposite parties many times and requested them to issue the bill but the opposite parties putting the matter pending with one pretext or the other. It was further pleaded that on 14.03.2017 opposite parties issued bill to the complainant amounting to Rs.1,12,424/- in the name of Bhag Singh son of Bhagat Singh, although the father name of the complainant is Manjit Singh and after receiving the bill complainant approached the opposite parties and requested them to explain him regarding the bill in question but the opposite parties refused to explain the same and threatened to recover the above said amount from the complainant under the threat of disconnection of electric connection. It was also pleaded that complainant was ready to pay the consumption charges as he has installed three bulbs and 2 fans in his house and except it there is no any other instrument installed by the complainant which ply with the electricity. It was next pleaded that in the month of April, 2017, opposite parties illegally and forcibly disconnected the electric connection of the complainant and remove the electric meter from the house of the complainant. Complainant approached the opposite parties many times and requested them to restore his electric domestic connection and corrected the bill dated 14.03.2017. It was pleaded that complainant consumed electricity per two months for the amount of Rs.700/-. Moreover, complainant belongs to Majabi Sikh Caste and electric bill of the complainant was to be prepared after deducting the units granted to the Caste of complainant by the Government of India. It was further pleaded that the act of the opposite parties to disconnect the electric connection of the complainant and not to restore the same was illegal, null and void and due to this illegal act of the opposite parties it is very difficult for the complainant and his family to live without the electricity and study of the children of the complainant also badly hampered, hence this complaint.

3.       Notice of the complaint was issued to opposite parties who appeared through their counsel and filed its written reply by taking the preliminary objection that complainant has filed the false and frivolous complaint with the intention to harass the opposite parties. That complainant has not approached this Hon’ble Forum with clean hands and has concealed the material facts intentionally and deliberately and the present complaint is not maintainable in the present from. On merits, it was admitted that the account number of the complainant is KL-84/1311. It was denied that opposite parties had not issued any bill to the complainant. It was admitted that opposite parties issued bill dated 14.03.2017 amounting to Rs.1,12,424/-. It was denied that opposite parties threatened the complainant. It was stated that amount demanded by the opposite parties vide bill dated 14.03.2017 was actual consumption charges of the complainant as the complainant had not paid the bills since January, 2016 uptill and complainant is the habitual defaulter and deliberately filed the instant complaint with the intention to take undue advantage of the process of law. It was further stated that opposite parties issued the bill but the complainant did not deposit the same neither moved any written application to the opposite parties and being defaulter opposite parties take the action as per rules and regulations of the department. All other averments made in the complaint have been denied and lastly prayed for dismissal of the complaint with costs.     

4.      Complainant had tendered into evidence his own affidavit Ex.C-1 along with documents Ex.C2 to Ex.C5 and closed his evidence.

5.       Counsel for the opposite parties had tendered into evidence affidavit of Er.Subhash Chander S.D.O. Ex.OP-1 and copy of account statement Ex.OP-2 and closed the evidence on behalf of opposite parties.

6.       We have intently 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 legislated provisions of Consumer Protection Act’ 1986) prompting the present dispute/complaint. We observe that the complainant had been the Schedule Caste Category Resident of Village: Kaler Kalan (Gurdaspur) and was sanctioned/ installed the DS Electric Connection with A/c # G31KL841311K in the month of September’ 2013, at his residential house, in response to his application dated 13.08.2013. The complainant has however filed the present complaint for statutory redressal of his hurt/grievance caused upon receipt of the very consumption Bill dated 14.03.2017 for an arbitrarily drawn excessive amount of Rs.112,424/- including past arrears etc. Somehow, the impugned Demand/Bill did not contain the logic and details of the arrears and these were also not made available to the complainant upon his requesting the OP service providers who instead disconnected the power supply/removed the Electric Meter and thus prompted the present complaint seeking restoration and setting aside of the impugned Bill.

7.       We further find that the complainant has proved his complaint-contented charges vide his evidentiary affidavit (Ex.C1) and other evidentiary documents Ex.C2 to Ex.C5; whereas the OP Corporation has filed its SDO’s affidavit (Ex.OP1) with all its rebuttals/ denials endeavored to be proved vide the lone (Ex.OP2) hand-written account statement exhibiting the bi-monthly consumption that however fail to serve the marked purpose, in the absence of any cogent evidence. The OP1 SDO has alleged that the complainant has been a habitual defaulter but has failed to produce any supporting evidence by way of the intervening unpaid consumption Bills drawn per the exhibited account statement other than the disputed impugned Bill (Ex.C2). We are certainly not convinced with the defense produced by the OP Corporation so as to have satisfactorily rebutted the allegation of ‘arbitrariness’ amounting to deficiency in service alleged upon its functionaries and that lines them up to an adverse statutory award under the applicable legislation/statute.

8.       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 not be liable to pay as per the OP determined consumption. 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 Policy in conformity with Electricity Rules & Regulations and the details were neither detailed out in the impugned Demand Bill nor any pre-notice was served, as requisite.

9.       In the light of the all above, we partly allow the present complaint and thus ORDER the titled opposite party service providers to immediately re-install/ restore electric supply and set-aside the impugned Bill # 1129 of 14.03.2017 for Rs.112,424/- and instead draw the actual consumption Bill (on the basis of the connected load/ past consumption history) with all the SC category concessions/ benefits with effect from disputed period onwards, upon the complainant (of course after having duly appropriated the deposited amounts) besides to pay him Rs.5,000/- as cost and compensation (for causing harassment and expense through the presently forced upon litigation) within a period of 30 days of the receipt of the copy of these orders otherwise the awarded amount shall attract interest @ 9% PA from the date of the orders till actually paid. The complainant shall however pay (may be in installments as per the OP Corporation rules) all his consumption charges (but as per his actual consumption in conformity with Domestic Supply Electricity Rules only), if not (already) paid, earlier.

10.     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)

JUN. 15, 2018.                                                                       Member               

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