2.       The case of the complainant in brief is that he has got installed domestic electric connection bearing Account No.G 62CD341439A and is continuously paying the electricity charges to the opposite parties without any default and nothing is due. He is availing the concessional scheme announced by the State Government. Opposite parties sent a electricity bill for Rs.51,930/- without any reason.  He is a laborer and serving his family by doing hard labour and not in a position to fulfill the illegal demand of the opposite parties. He approached the opposite parties to rectify the bill amounting to Rs.51,930/- but the opposite parties did not care about his request. He has further requested the opposite parties that he is availing the concessional scheme announced by the State Government but the opposite parties told him that he has to pay the bill first and threatening him that they will disconnect the electricity meter, if he fails to make the payment. He has next pleaded that on 20.11.2014 the opposite parties disconnected his electricity meter. 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 complaint filed by the complainant is not maintainable; the complainant has filed a false and frivolous complaint with intention to harass the opposite parties and  the complainant has not approached this Forum with clean hands and concealed the material facts, intentionally, deliberately. On merits, it was submitted that the Account No.CD-34/1439 is sanctioned in the name of the complainant. It has been further submitted that the complainant is a habitual defaulter and not paying the energy bills regularly. The complainant did not pay the bill for the month of May 2014, July 2014, September 2014 and November 2014. The amount demanded by the opposite party vide bill in dispute is unpaid energy charges of the complainant. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.       Sh.Gurmeet Chand complainant tendered into evidence his own affidavit Ex.C1, alongwith other documents Ex.C2 to Ex.C5 and closed the evidence. 

5.       Sh.Inderjit Singh Cheema, S.D.O. PSPCL tendered into evidence his own affidavit Ex.OP-1 alongwith other document Ex.OP2 and closed the evidence.

6.       We have carefully gone through the pleadings of both the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.

7.       Complainant has argued that opposite parties have sent a electricity bill to the complainant for amounting to Rs.51,930/- without any reason and nothing is due and payable towards the complainant against the electric charges. The complainant further stated that he is availing the concessional scheme announced by the State Govt. The complainant requested the opposite parties to rectify the bill first and then he will pay the bill. The complainant prays for the setting aside the illegal demand of amounting to Rs.51,930/- alongwith compensation to the tune of Rs.20,000/- on account of mental agony, harassment to the complainant.

8.       On the other hand the opposite parties have argued that the complainant is a habitual defaulter and not paying the energy bills regularly. The complainant did not pay the bill for the month of May, 2014, July, 2014, September, 2014 and November, 2014. The amount demanded by the opposite parties vide bill in dispute is unpaid actual consumption charges only.

9.       We have considered the rival contentions in the light of evidence on record. As per document Ex.OP-2 there is normal consumption for the previous months that is consumption for the month of March, 2014 is 135 units, January, 2014 is 151 units, November 2013 is 109 units, September 2013, 81 units, July, 2013 is 112  units, May, 2013 is 88 units, March, 2013 is 116 units and January, 2013 is 96 units. But the consumption of May, 2014 is shown 6611 units which is very excessive. As no reason was assigned by the opposite parties for such higher reading. Even the complainant has filed representation to the Assistant Executive Engineer Dinanagar which is Ex.C-5 on the file. But no action was taken on the application by the opposite parties. No explanation has been given regarding the concession given by government of Punjab to S.C. Category consumers in the bill. Moreover, no record has been produced by the opposite parties that the complainant is a habitual defaulter and not paying the energy bills regularly. On perusal of bill Ex.C2 it is transpired that bill sent of Rs.51,930/- for the consumption of 6723 units. But the opposite parties filed in their evidence the consumption data which is on the file is Ex.OP-2 does not tally with the bill in dispute which is Ex.C2. 

10.     By now, it has become settled proposition of law that the opposite parties are required to bring on record cogent and convincing evidence to prove its version but no such evidence has been placed on file by the opposite parties.

11.     For the reasons recorded above, this complaint is partly allowed and the impugned demand of the opposite parties in bill Ex.C2 in which an amount of Rs.51,930/- was demanded is held illegal, null and void. The opposite parties are restrained to recover the above said amount from the complainant. If the complainant had paid any amount against this bill then it be refunded to the complainant within one month after the receipt of the copy of the order. Opposite parties are further directed to pay Rs.3000/- as litigation expenses to the complainant.

12.     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)

MAY, 4 2015.                                              Member.

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