Complainant Charanjit Kaur 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 set aside illegal demand of Rs.26,642/- raised by the opposite parties in bill dated 17.9.2016 and carried forward in bill dated 15.11.2016 and the opposite parties be directed to receive the bill as per actual consumption charges and restrained from disconnecting the electricity connection bearing account No.G35GG641012X illegally, forcibly and without any due course of law alongwith Rs.20,000/- on account of physical as well as mental torture suffered by her from the hands of the opposite parties, in the interest of justice.

2. The case of the complainant in brief is that she is aged about 70 years and is senior and law abiding citizen. Her husband had obtained an electric connection for domestic purpose bearing Account No.G35GG641012X. He has died. After the death of her husband she is paying the electricity bills regularly being beneficiary. Normally her electricity bills used to come between Rs.2000/- to Rs.2500/- and she is paying her bills to the opposite parties without any default. She has further pleaded that to her utter surprise she received bill dated 17.09.2016 in which an illegal demand of Rs.26,120/- was raised by the opposite parties. She approached to the opposite party and enquired regarding the illegal demand raised in the bill and they disclosed that the bill has been wrongly issued and in the next bill the illegal demand raised shall be rectified. Again, she received bill dated 15.11.2016 in which again a demand of Rs.30,325/- was raised and Rs.26,682/- were inserted as amount of arrears. In the month of July the applicant applied for enhancing the load and she deposited amount of Rs.1810/- with opposite party vide receipt dated 1.7.2016 but her load was not enhanced till date. She again approached the opposite parties no.1 and 2 and requested them to withdraw illegal demand of Rs.30,325/- but of no avail. 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; the complainant has not come to the Forum with clean hands and the present complaint is not maintainable. On merits, it was submitted that in the month of September 2016 the opposite parties changed the electric meter of the consumer hence the opposite party issued the bill to the complainant on average basis due to C code on average enhanced as per previous year load. In the month of 01/2015 the load of the complainant was 0.26 kw, whereas the presently connected load of the complainant is 1.90 kw. The complainant has not paid the bill of July, 2016, September 2016 and November 2016. The amount demanded by the opposite party is legal and genuine. There is no deficiency in service on the part of the opposite parties. All other averments made in the complaint have been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4. Complainant tendered into evidence her own affidavit Ex.C1, alongwith other documents Ex.C2 to Ex.C8 and closed the evidence.

5. Counsel for the opposite parties tendered into evidence affidavit of Sh.Lalit Kumar S.D.O. Ex. OP1, alongwith other document Ex.OP2 and closed the evidence.

6. We have duly heard the learned counsels for both the sides and find that the complainant has been a long time consumer of the opposite party service provider/corporation being the valid beneficiary of DS 0.26 KW (applied for enhancement to 1.90 KW on 01.07.2016) Connection A/c # G35GG641012X at the demise of her holder husband Chanan Singh. She has filed the instant complaint for statutory redressal of her grievance caused on account of receipt of an excessive consumption Bill dated 17.09.2016 for Rs.26,120/- followed by successive demands drawn on the same pattern by the opposite party Corporation. The evidentiary documents Ex.C1 to Ex.C8 as produced by the complainant satisfactorily and sufficiently prove the complaint-raised allegations. Upon appearance, the OP service providers have deposed that the Complainant’s Meter was changed in September’ 2016 and thus the impugned excessive amount of the Bills was drawn on ‘average basis’ measured @ enhanced load of 1.90 KW against the previous load at 0.26 KW and the complainant was liable to pay the same as per the applicable DS Power Supply Rules that further carried forward the so drawn disputed amount to the next Bills and that prompted the present complaint.

7. However, the opposite party corporation (service providers) have refuted all other allegations vide its written statement and has further deposed (vide affidavit Ex.OP1) of the consumer’s liability to pay the impugned consumption Bills on average basis of Ex.OP2 Consumer History/Consumption Data but @ enhanced load of 1.90 KW from 0.26 KW whereas the present complainant has not paid the consumption Bills since September’ 2016 except the amount(s) directed to be deposited by the forum during the course of the present complaint. The OP Corporation has attempted to support its assertions vide its affidavit and history data etc exhibited here as Ex.OP1 & Ex.OP2 that we somehow do not find fairly acceptable in the absence of having produced on records ‘applicable’ rules that provide for ‘Billing’ on average basis @ enhanced power-load during the transient period with Meter Code set at the ‘C’ numeral that decidedly infringes the consumer rights of the present complainant who shall not be liable to pay for electricity power other than actually consumed by her. Somehow, we find that the impugned demands as put forth upon the complainant for payment of the consumption 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 the Sales & Distribution of Electricity Rules & Regulations and thus we are pleased to set aside the impugned Bills.

8. In the light of the all above, we are of the considered opinion that the present complaint shall be best disposed of by directing the opposite party # 1 (the SDO) to redraw the apparently excessive consumption charges from September’ 2016 onwards on the basis of the average consumption but @ 0.26 KW Load till shifted to the basis of Meter Readings actually available with the OP Corporation within a period of 15 days of the receipt of the copy of these orders and the complainant shall pay the same in three equated monthly installments along with the current consumption Bills. In the meantime, the complainant shall however remain liable to pay all her current and future consumption charges for her actual consumption on regular basis.

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)

June, 05 2017 Member

*MK*