Complainant Davinder Singh 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  rectify the bill in dispute and to exclude the amount of Rs.17,287/- as Current Cycle Charges, Rs.23/- as Sundry charges, Rs.7229/- as Arrears of previous financial years and Rs.9972/- as arrears of current financial year in the bill in dispute and to recover the actual consumption amount from him after rectification of bill in dispute. Opposite parties be further directed to restrain from disconnecting his electric connection till the final decision of the complaint and also to pay Rs.20,000/- as compensation for mental agony, physical torture and financial loss caused by the opposite parties to him.

2.        The case of the complainant in brief is that he has got installed an electric connection bearing Account No.3000219157 in his name and paying the electricity bills to the opposite parties regularly, nothing is outstanding against him and as such he is consumer of the opposite parties. He has a very small house and his existing load is 1.020 KW and status of his meter is also “O”. His average bimonthly bill is about Rs.1000/- to Rs.1500/-. The opposite parties issued a bill dated 26.08.2016 to him for Rs.42,200/- payable by due date. In this bill the opposite parties have added Rs.17,287/- as current cycle charges, Rs.23/- as Sundry Charges, Rs.7229/- as Arrears of previous financial years and Rs.9972/- as arrears of current financial year. No reasons have been explained that how such like huge amount has been slapped upon him. His average consumption is also 400 to 500 units which are highly excessive, exorbitant and exaggerated. On receipt of the illegal bill in question he approached the opposite party no.3 and requested to rectify the bill and to receive the actual consumption amount on the basis of previous months or the same months of previous year but of no use. Thus, there is deficiency in service on the part of the opposite parties. 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 the demand of Rs.42,200/- vide bill dated 26.08.2016 of the complainant is a legal and genuine demand as it is based on the actual consumption of the complainant; the complainant has not approached this Forum with clean hand and the complainant has filed a false, frivolous complaint and having no merits. On merits, it was admitted that complainant is the holder of electric connection vide account No.30000219157 and is the consumer of the opposite party and the sanctioned load of his electric meter is 1.020KW. The opposite party issued a bill dated 26.8.2016 to the complainant for Rs.42,200/- of 2723 consumed units which includes Rs.17,287/- as Current cycle charges, Rs.23/- as Sundry charges, Rs.7229/- as arrears of the previous financial years and Rs.9972/- as arrears of the current financial year. Actually bill dated 26.8.2016 amounting to Rs.42,200/- issued by the opposite party to the complainant is a legal and genuine bill as it is based on the actual consumption of the complainant and the previous outstanding bill of the complainant since Sept. 2015. The bill in dispute is totally based on the actual consumption of the complainant. Opposite party further submitted that complainant has paid since Sept 2015 only Rs.5000/- on 18.01.2016 and Rs.8,000/- on 16.9.2016 after filing the present complaint on the directions of this Hon’ble Forum. Hence his bill in dispute is based on the actual consumption. So, there is no deficiency in service on the part of the opposite parties.  The complainant challenged his electric meter and deposited Rs.120/- as meter challenging fees on 16.09.2016 then an MCO vide No.100002557387 was issued on 16.09.2016 which was affected on 16.09.2016. The electric meter of the complainant was changed on 16.9.2016 by the Raj Kumar J.E. O/o Opposite party no.3 in the presence of the complainant. The old electric meter of the complainant was removed and packed and properly sealed on 16.09.2016 in the presence of the complainant who put his signatures on the packed and sealed electric meter and also on the consent letter to open the electric meter in the absence of the complainant. So, the complainant is bound to pay the said electric bill. So there is no deficiency in service on the part of the opposite parties. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.      Counsel for the complainant tendered into evidence affidavit of complainant Ex.CW-1/A, alongwith other documents Ex.C2 to Ex.C8 and closed the evidence. 

5.       Sh.Amardeep Singh Nagra, S.D.O. PSPCL tendered into evidence his own affidavit Ex.OP-W1/A, alongwith other documents Ex.OP1 to Ex.OP12 and closed the evidence.

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 the complainant has been a long time consumer of the opposite party service provider/corporation being the valid holder of DS 1.02 KW Connection # 3000219157 and has filed the instant complaint for statutory redressal of his grievance caused on account of receipt of an excessive consumption Bill dated 26.08.2016 for Rs.42,200/- drawn by the opposite party Corporation. The evidentiary documents as produced by the complainant satisfactorily and sufficiently prove the complaint-raised allegations. Upon approach, the OP service providers instead of explaining the impugned excessive amount of the Bills did adopt coercive means and threats of disconnection of his power supply and by further carrying over the disputed amount to next Bills and that prompted the present complaint.

7.      However, the opposite party corporation (service providers) have refuted all the allegations vide its written statement and has further deposed (vide affidavit Ex.OPW-1/A) of the consumer’s liability to pay the consumption Bills regularly whereas the present complainant has not paid the consumption Bills for quite some time except the amounts directed to be deposited by the forum during the course of previous and the present complaints. Somehow, we find that the 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 Electricity Rules & Regulations and thus we are pleased to set aside the impugned Bills. Moreover, as per instruction 93.1 contained in Electricity supply instruction manual first edition updated till 31.3.2011 by PSPCL, head office, Patiala, in case a bill is to be raised on account of the defect in the meter equipment or unauthorized use of electricity , then separate bills has to be issued containing complete details of the charges. Those details of the charges claimed for previous months have not been supplied to the complainant and as such virtually huge amount claimed from complainant without informing him the basis of demand. The same reflects that demand put forth in violation of principles of natural justice.

8.       In the light of the all above, we partly allow this complaint by directing the opposite party # 3 (the SDO) to redraw the apparently excessive consumption charges for the months of June’ 2016 to September’ 2016 on the basis of the average consumption of these ‘4’ months for the last two years within a period of 15 days of the receipt of the copy of these orders and the complainant shall pay the same in the prescribed stride along with his other past consumption charges, if any besides this OP shall pay Rs.2000/- to the complainant for cost and compensation of this complaint. In the meantime, the complainant shall however remain liable to pay all his current and future consumption charges for his actual consumption on regular basis. 

9.       Copy of the order be communicated to the parties free of charges. File is ordered to be consigned to the record room.

                                                                                 (Naveen Puri)

                                                                                       President

ANNOUNCED:                                                     (Jagdeep Kaur)

FEB. 07 2017.                                                                   Member.

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