Complainant Dwarka Dass through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has sought issuance of necessary directions to the titled opposite parties to withdraw the impugned demand raised vide bill dated 20.11.2014 and to set aside/quash the bill in question and also direct the opposite parties to issue bill after making proper consumption and also withdraw their illegal threat to disconnect his electric connection. Opposite parties be also directed to pay Rs.10,000/- as compensation for physical harassment and mental agony and litigation expenses to him, in the interest of justice.
2. The case of the complainant in brief is that he has installed an electric connection in his house bearing Account No.3000156901 and is using the electricity supply and paying the electricity charges to the opposite parties without any default, thus he is consumer of the opposite parties. He has further pleaded that the opposite parties have issued a bill dated 20.11.2014 for Rs.23,410/- for 42 days and the consumption was shown as 4053 units. Infact the said bill is totally illegal, null and void and is not binding upon his rights as there was nothing outstanding against him. He has next pleaded that he has earlier deposited Rs.3610/- on 18.2.2014, Rs.2120/- on 2.6.2014, Rs.1760/- on 2.4.2014 and Rs.3610/- on 22.8.2014 and it clearly proves his consumption. On 20.11.2014 the previous reading was 34850 and new reading was 38903 and similarly on 27.8.2014, the old reading was 35800 and new was 36082 and both the bills were being paid by him. Even he has also moved written applications to the various authorities to do the needful in the matter in hand, but all in vain. Thereafter, he has approached to the opposite party no.1 and requested them to withdraw the impugned demand raised in the impugned bill but they refused to admit his claim. Hence this complaint.
3. Upon notice, the opposite parties appeared through their counsel and filed the written reply by taking the preliminary objections that the complainant has filed the false and frivolous complaint with the intention to take the undue advantage of the process of law; the complainant has not approached this Forum with clean hands and concealed the material facts intentionally and deliberately and the present complaint is not maintainable in the present form. On merits, it was submitted that the account no.15/6901 was sanctioned in the name of the complainant. The opposite party has demanded the amount of Rs.23,610/- vide bill dated 20.11.2014 from the complainant as energy charges in the month of October, 2014, the meter reading of the complainant was 34,850 and in the month of November, 2014, it was 38,903. The status of the meter is OK and the amount demanded by the opposite party is energy charges. If the complainant had any doubt regarding the working of electric meter, he can check his electric meter from the M.E.Lab while depositing the meter challenge fee as per the rules of the department. The opposite parties have no personal interest in the matter in dispute neither they know the complainant personally nor they have any enmity with the complainant. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
- Complainant has tendered into evidence his own affidavit Ex.C1, along with other documents Ex.C2 to Ex.C5 and closed the evidence.
- Sh.Amardeep Singh S.D.O. of the opposite parties has tendered into evidence his own affidavit Ex.OP-1 along with other document Ex.OP-2 and closed the evidence.
6. We have thoroughly examined the available evidence on the records so as to interpret the meaning and purpose of each document and also the scope of adverse inference for of some documents ignored to be produced by the contesting litigants. We find that the present dispute pertains to the consumption Bill of 20.11.2014 for Rs.23,410/- for a consumption of 4053 units in 42 days as drawn by the OP service providers. The initial previous reading in this Bill has been taken as: 34850 & final as: 38903; (Ex.OP2) whereas the Bill Ex.C5 of 14.08.2014 (duly paid on 22.08.2014 vide Ex.C4) for Rs.3610/- shows the new Reading as: 36082 & initial as 35800; evidencing full payment of consumption up to the reading of: 36082 and thus the impugned Bill demanding payment from: 34850 have been apparently/inherently incorrect and inadvertently drawn by the OP corporation. We are displeased to find that the OP service providers have filed Affidavit Ex.OP1 without verifying and matching its veracity with the records. Even, its own internal communication comprised in the sheet attached with Ex.OP2 (somewhat incoherently) recommends/allows refund to the complainant. Thus, we set aside the impugned Bill dated 20.11.2014 and direct the OP service providers to refund the excess amount, if any, deposited by the complainant in compliance to the various consumption bills.
7. In the light of the all above, we partly allow the present complaint and thus ORDER the Opposite parties to re-examine the complainant’s account afresh so as to draw upon him only the consumption Bills with requisite transparency besides to pay him Rs.3,000/- as compensation and Rs.2,000/- as cost of litigation within 30 days of the receipt of the copy of these orders otherwise the aggregate 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)
November 23, 2015 Member.
*MK*
