Darshan Singh 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 rectify the bills and to exclude amount of Rs.12,885/- and Rs.3873/- from the disputed bill and to recover actual consumption amount from him. Complainant has also claimed Rs.20,000/- for mental agony, physical torture and financial loss caused by the opposite parties to him due to deficient service and unfair trade practice on the part of the opposite parties including Rs.5,000/- as litigation expenses.   

2.       The case of the complainant in brief is that he has installed an electric connection bearing A/c No.G-47TF-560782A in his name in the house and using electricity, paying its bills etc. regularly and nothing is outstanding against him and as such he is the consumer of the opposite parties. It was pleaded that opposite parties have issued a bill dated 06.01.2017 to the complainant amounting to Rs.17,222/- in which opposite parties have slapped Rs.12,885/- and Rs.3873/- without mentioned any reason that on what account this huge amount has been slapped upon him. Complainant has paid upto date bills and nothing is out standing against him and he never used electricity to such extent for which bill in question has been issued. It was further pleaded that complainant approached the opposite party No.1 and requested him to rectify the bill in question and to exclude the amount in question from the bill and to receive the actual consumption amount and also requested the opposite party no.1 to explain reason for adding such like huge amount in the dispute bill. Opposite party No.1 called the complainant to his office time and again after a gap of week with assurance to rectify the bill and after calling three times opposite party No.1 refused to take any action into the matter and threatened the complainant that they will recover the disputed amount forcibly by adopting coercive methods and if he will not pay the disputed amount then his connection will be disconnected. In order to avoid the disconnection complainant has deposited Rs.4,000/- on 19.1.2017 but the opposite parties threatened the complainant for remaining payment. It was also pleaded that complainant never used electricity to this extent nor he came into arrears. Complainant has pleaded that before raising the amount in question no notice was issued to the complainant by the opposite parties nor any checking was done by the opposite parties. As such without any notice and without any checking the demand raised by the opposite parties is illegal, null & void and not binding upon the complainant. It was next pleaded that earlier meter of the complainant was replaced and at that time reading of the meter jumped from 400 to more than 1700 units. Complainant deposited the meter challenge fee but no report was presented by the opposite parties till date. If any checking report produced by the opposite parties in the Forum, the same is forged and fabricated document which was prepared after thought and not binding upon the complainant and as such demand raised by the opposite parties is liable to quashed. Complainant has also pleaded that he is a poor person and is not in a position to pay such like huge amount. It was pleaded that it is clear cut deficiency and negligence in service on the part of the opposite parties who demanded the disputed amount without any checking and notice from the complainant without any reason, 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 not been charged anything else than consumption charges and as such present complaint is not maintainable. Complaint filed by the complainant is vexatious one and deserves to be dismissed with costs. On merits, it was admitted that complainant is the consumer of the opposite parties having electricity connection as mentioned in the complaint. It was stated that complainant is a regular defaulter of the opposite parties and was not paying its electricity bills. It was further stated that uptil March, 2017 a sum of Rs.14,780/- was outstanding against the complainant which he was liable to pay to the opposite parties. It was also stated that complainant was regular defaulter of the opposite parties since 11/2014 and was not paying his electricity bills and was liable to pay Rs.12,883/- to the opposite parties on account of consumption charges in the month of 11/2014. Complainant did not pay his bill for the month of 11/2014 and same was forward in the bill of complainant for the month of 1/2015. Complainant also did not pay his bill for 1/2015 and a sum of Rs.13,796/- on account of consumption charges was worked out which was forward in the bill of the complainant for the month of 3/2015. Complainant again did not pay his bill for the month of March, 2015 a sum of Rs.14,635/- was worked out which was forward in the bill for the month of May, 2015. Complainant again did not deposit arrears of electricity Rs.14,635/- was well as consumption bill for the month May, 2015 Rs.486/- and a sum of Rs.15,149/- was worked out which forward in the bill for the month of 7/2015. The current bill of the complainant for 7/2015 was Rs.964/- and a sum of Rs.16,147/- was worked out. It was stated that complainant has deposited a sum of Rs.4000/- with the opposite parties and as such balance amount of Rs.12,147/- was forward in the bill for the month of  9/2015. The current bill of complainant for 9/2015 was Rs.3027/- Complainant did not deposit arrears of electricity Rs.12,147/- as well as current bill and as such a sum of Rs.13,972/- was worked out which was forward in the bill for the month of 11/2015. The current bill of complainant for 11/2015 was Rs.564/- and a sum of Rs.14,805/- was worked out.  Complainant did not deposit this amount and the same was forward in the bill for the month of 1/2016. The current bill for 1/2016 was Rs.484/- and a sum of Rs.15,318/- was worked out but complainant did not deposit the same with the opposite parties which was forward in the bill for the month of 3/2016. The current bill for 3/2016 was Rs.2217/- and a sum of Rs.17,588/- was worked out which did not deposit by the complainant with the opposite parties and the same was forward in the bill for the month of 5/2016. The current bill for 5/2016 was Rs.659/- and a sum of Rs.18,140/- was worked out which did not deposit by the complainant and the same was forward in the bill for the month of 7/2016. The current bill for 7/2016 was Rs.3841/- and a sum of Rs.22,520/- was worked out but complainant did not deposit the same and was forward in the bill for the month of 9/2016. The current bill of complainant for 9/2016 was Rs.3240/- and after payment a sum of Rs.17,905/-remained outstanding against him as arrears of electricity which was carried forward in the bill for the month of 11/2016. The current bill for 11/2016 was Rs.2234/- and after payment a sum of Rs.16,518/- remained recoverable from the complainant which was forward in the bill for the month of 1/2017. The current bill of the complainant for 1/2017 was Rs.673/- and after adding surcharge a sum of Rs.17,552/- was worked out which was recoverable from complainant and the same was forward in the bill for the month of 3/2017. The current bill of complainant for 3/2017 was Rs.544/- and after part payment by the complainant a sum of Rs.14,780/- remained outstanding against the complainant. It was denied that complainant approached the opposite parties. It was admitted that complainant has deposited Rs.4,000/- on 19.01.2017. All other averments made in the complaint have been denied and lastly prayed for dismissal of the complaint.     

4.      Complainant had tendered into evidence his own affidavit Ex.CW-1/A along with documents Ex.C1 and Ex.C2 and closed his evidence.

5.       Counsel for the opposite parties had tendered into evidence affidavit of Sh.Baljjit Singh S.D.O. Ex.OP-1 along with document Ex.OP-2 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. We find that complainant is regular defaulter since 11/2014 of the opposite parties and was not paying his electricity bills and the same was carried forward in the bills of the complainant for the month of 1/2015 and complainant also did not pay the bill of 1/2015 and same was carried forward again and again and as such the amount claimed by the opposite parties is legal, valid and genuine and on the other hand complainant has miserably failed to prove the levelled allegations against the opposite parties. As such there is no merit in the present complaint and the same is dismissed

7.       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)

MARCH 05, 2018.                                                                Member               

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