Complainant Heera Masih 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 bills dated 7.10.2014 and 22.11.2014 and to set aside the bills in question and also sought directions to the opposite parties to issue bill after making proper consumption and also to withdraw their illegal threat to disconnect his electric connection. Opposite parties be further directed to pay Rs.10,000/- as compensation for physical harassment and mental agony caused to him by them alongwith litigation expenses.
2. The case of the complainant in brief is that he is consumer of the opposite party and is having a domestic electric connection bearing A/C No.G-31 CK 640988 P. The said electric meter was installed in his house in the month of May 2014 and his sanctioned load was 1.00 K.W. On 7.10.2014, the opposite parties issued a bill for Rs.99,391/- to him which is highly exonerated one. He immediately approached to the opposite party no.3 and requested him that he is poor person and he is only having two rooms and there are only two Tube lights and two fans in his house, so how it is possible that he can use such type of high and excessive energy as shown in the impugned bill. He moved application to the opposite party no.3 and even the S.D.O. has made remarks that the electric meter is faulty one and it is running at a very high speed. The opposite party no.3 assured that they will correct the impugned bill. He has further pleaded that again the opposite parties have issued a bill dated 22.11.2014 to him for Rs.1,02,430/- whereby the opposite parties have demanded the said impugned amount from him for bill of 61 days, which is illegal, null and void and is not binding upon the complainant. He approached to the opposite party no.3 and requested them to withdraw the impugned demand raised in the impugned bill. Firstly the opposite party no.3 put the matter pending with one pretext or the other and lastly, the opposite party no.3 has refused to admit his claim and started threatening to disconnect the electricity supply to his electric connection in the event of non payment of the impugned demand. Due to the illegal act and conduct of the opposite parties he has suffered great mental agony and also suffered mental as well as physical harassment from the hands of the opposite parties. Hence this complaint.
3. Upon notice, the opposite parties appeared through their counsel and filed the written reply stating therein that the amount in question has been demanded from the complainant as per reading noted by the meter reader of opposite party and thereafter the matter was noted that such a consumption is not possible on the meter in question as the load was only 1 KW and as such a letter was written to the complainant vide memo no.2631 letter dated 7.10.2014 for the testing of the meter of the complainant from ME Lab, by depositing fee of Rs.120/-, but he did not do so. Thereafter another reminder was issued to him to deposit the fee for testing the meter, but with no effect. However, it was submitted that in spite of all such steps taken by other party to check the meter in question failed and as such a bill for charges of electricity consumed as per average basis amounting to Rs.4025/- has been worked out to be paid by the complainant against the earlier bills issued subject to adjustment of difference if any on receipt of checking report from ME Lab of opposite party. Thus, the amount of the bills as issued to the complainant stands waived except the amount of Rs.4025/- claimed and demanded on the average basis from the complainant. It was further submitted that the opposite party has tried its best to sort out the matter in question but the complainant did not co-operate for the purpose of checking the meter in question. The complainant was fully assured that the excess amount so being charged shall definitely will be withdrawn but the meter would be got checked from ME Lab and he did not allow the opposite party to do so. Lastly the complaint has been prayed to dismissed in the interest of justice.
- Complainant has tendered into evidence his own affidavit Ex.C1, along with other documents Ex.C2 to Ex.C6 and closed the evidence.
- Sh.Sukhdev Raj S.D.O. of the opposite parties has tendered into evidence his own affidavit Ex.OP-1 along with other documents Ex.OP-2 to Ex.OP-4 and closed the evidence.
6. We have duly considered the pleadings of both the parties; heard the arguments advanced by their counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint.
7. From the pleadings and evidence on record it is clear that the complainant is the holder of electric connection bearing account No.G-31 CK 640988 P and as such is the consumer of the opposite parties. The complainant has primarily challenged two bills dated 7.10.2014 and 22.11.2014. As such the version of the complainant he has never consumed such huge energy that too in the winter season for domestic purpose.
- On the other hand the opposite party’s counsel has argued that amount of the bills as issued to the complainant has been waived except the amount of Rs.4025/-. The counsel for the opposite parties has further submitted that opposite party has also taken notice of such a huge consumption which is otherwise perhaps not possible on the meter in question having 1 KW Load. The opposite party has written letters to the complainant hand have asked him to deposit Rs.120/- for testing the meter in M.E.Lab but he did not do so.
- From the entire above discussion we are of this considered view that this complaint can be disposed by giving directions to the parties. Hence we direct the complainant to deposit Rs.4025/- only to the opposite parties as remaining amount have already been waived by the opposite parties itself subject to adjustment of difference if any on the receipt of checking report from M.E.Lab. We further direct the opposite party not to disconnect the connection in question and not to recover the disputed amount till M.E.Lab checking is done and a separate demand notice is issued to the complainant. Disposed off accordingly.
- 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)
July 14, 2015 Member.
*MK*
