Bholi Devi complainant has filed this complaint U/s 12 of the Consumer Protection Act of 1986 against the opposite parties praying that necessary directions may kindly be issued to the opposite parties to grant the facility of 200 units per month for domestic electric supply to SC and non SC/BPL (Below Poverty Line) for load up to 1000 Watts as per rule of Punjab State Government. Complainant has further prayed that opposite parties be asked to withdraw the demand of current bill in dispute Rs.4410/- dated 24.8.2017 may also be adjust/deduct in the future bill. Complainant has also claimed Rs.5,000/- for mental agony, physical harassment and financial loss caused by the opposite parties to her due to deficient service and unfair trade practice on the part of opposite parties including Rs.5,000/- as litigation expenses, all in the interest of justice.

2.       The case of the complainant in brief is that she is a housewife and belongs to Ramdasia Scheduled Cast category and having an electric connection bearing A/c No.G-64SF-371286F, tariff “DS” which is installed in her house in her name and she is using the said electric connection and paying its bills etc. regularly and nothing was outstanding against her nor she was in arrears of the opposite parties. It was pleaded that complainant was surprised when opposite party No.1 issued an exorbitant bill dated 24.08.2017 for Rs.4410/- without mentioning any reason as to on what account huge amount had slapped upon her. The sanctioned and existing load of the complainant is 1.00 K.W. and the status of the meter was “OK” and as such complainant is consumer of the opposite parties. It was further pleaded that complainant belongs to Scheduled Caste category and is entitled the facility of 200 units per month for domestic electric supply to SC and non SC/BPL (Below Poverty Line) for load up to 1000 Watts as per rules of Punjab State Government whereas consumer/complainant entitled for said benefit being extremely poor person.  It was also pleaded that complainant had submitted the documents for concession of 200 units per month on 08.05.2017 to the opposite party No.1 but concession was not given by the opposite party No.1 till today. It was next pleaded that it is clear cut case of deficiency and negligence in service on the part of the opposite parties for not granting the facility of 200 units per month for domestic electric supply to the complainant and demand the amount in question without any prior notice and due to this act of the opposite parties complainant had suffered mental agony, physical torture and financial loss, 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 objections that complainant has filed the false and frivolous suit with the intention to harass the opposite parties. Complainant has not approached this Forum with clean hands and concealed the material facts intentionally and deliberately. Complaint of the complainant is not maintainable in the present form. Complainant has no cause of action to file the present suit against the opposite parties. On merits, it was admitted that the account No.371286 was sanctioned in the name of the complainant. It was stated that the bill dated 24.08.2017 was legal and genuine and as per the consumption of the complainant. It was stated that complainant is only entitled for alleged concession if she submit the application for concession. It was further stated that complainant had filed the application for getting the concession of 200 units per month on 08.05.2017 and after that opposite parties send the request to the computer section Chandigarh on 26.05.2017 for providing concession to the complainant and the same had been accepted by the opposite parties and started the concession of the complainant w.e.f. 26.06.2017. It was also stated that last bill was paid by the complainant on 05.05.2017 and after that no any bill was paid by the complainant and the amount of Rs.4410/- (Wrongly written as 44010/-) was demanded by the opposite parties vide bill dated 24.08.2017 which was unpaid energy charges of the complainant and as such there was no deficiency in services on the part of the parties. All other averments made in the complaint have been denied and lastly prayed for dismissal of the complaint with costs.     

4.     Counsel for the complainant had tendered into evidence affidavit of complainant Ex.C-1 along with documents Ex.C2 to Ex.C7 and closed the evidence on behalf of complainant.

 5.      Counsel for the opposite parties had tendered into evidence affidavit of Sh.Ramesh Pal A.A.E. S.D.O. Ex.OP-1 and closed the evidence on behalf of opposite parties.

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. From the perusal of the file it transpired that complainant is the consumer of the opposite parties having an electric connection bearing A/c No.G-64SF-371286F. Opposite party No.1 had issued the bill dated 24.08.2017 amounting to Rs.4410/- to the complainant without issuing any prior notice whereas complainant had submitted the documents with the opposite parties on 08.05.2017 for the concession of 200 units under SC/BPL category. To prove his version complainant had tendered into evidence his own affidavit Ex.C1, Scheduled Caste Certificate Ex.C2, identity proof as Adhar Card Ex.C3, bill dated 24.08.2017 Ex.C4, receipts Ex.C5 to Ex.C7. On the other hand counsel for the opposite parties had tendered into evidence affidavit of Er.Ramesh Pal AAE Ex.OP-1 and except it opposite parties had not produced any cogent document/evidence to prove their version. Even in their written reply and affidavit of Er.Ramesh Pal AAE opposite parties had wrongly mentioned the amount in question as Rs.44010/- instead of Rs.4410/- which shows the negligence of the opposite parties.

7.       From the above discussion we find that amount in question had wrongly been claimed from the complainant by the opposite parties without issuing any prior notice and evidence. The consumer/complainant has every right to know that what he is paying and why he is paying. As such there is merit in the complaint and the same is hereby partly allowed and bill dated 24.08.2017 amounting to Rs.4410/- claimed from the complainant is set aside. Opposite parties are directed to refund/return the amount deposited by the complainant if any besides to pay Rs.3000/- as cost and compensation for the undue harassment caused by the complainant from the hands of the opposite parties

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.  

8.       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)

April 11, 2018.                                                                       Member               

*YP*