Hemant Sharma, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 of the Consumer Protection Act, (here-in-after referred to as 'Act') against the PSPCL (here-in-after referred to as 'opposite parties).

2.       Briefly stated, the case of the complainant is that he purchased a plot at Urban Estate, Puda Colony Batala Road, Gurdaspur, where he wanted to raise construction of his house and he took temporary electricity connection from the opposite parties bearing no.3004931627 in the month of March, 2018. The work was completed on 25.06.2018. It is alleged that he constructed complete foundation of the plot and raised only one room on the said plot and on 27.06.2018 he got disconnected the temporary electricity connection after partially completion of work. A bill to this effect 3 months approx. was duly paid by him amounting Rs.1420/- to the opp. parties on 27.06.2018. It is further alleged that thereafter, on 14.09.2018 he purchased new permanent domestic electric connection at the place of his above said plot bearing no.3004988885, which was duly installed by the employees of opposite parties. It is pertinent to mention here that there was only one room on the aforesaid plot and the sanctioned load of him is 1.00 kilowatt approximately. It is further alleged that the opposite party sent Bill dated 07.01.2019 to him showing the consumption of 11 units for the period from 14.09.2018 to 7.01.2019, in which the opposite party raised huge demand of Rs.49,350/- and he stunned after receiving such huge bill. It is further alleged that he went to the office of opposite party no.2 requesting them to withdraw the above said abrupt and illegal demand as the same is not clear and liable to be set aside, but the opposite party refused to withdraw the same and even threatened him to disconnect the electricity connection of him if he failed to deposit the alleged bill amount of Rs.49,350/-. The demand made by the opp. parties in the bill dated 07.01.2019 is illegal, not clear and liable to be set aside. Due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental harassment and inconvenience. So, there is a clear cut deficiency on the part of the opposite parties.

          On this backdrop of facts, the complainant has alleged deficiency in service and unfair trade practice on the part of the opposite parties and prayed that the Bill dated 07.01.2019 amounting Rs.49,350/- may be declared illegal, null and void and the opp. parties be directed to send the impugned bill after rectifying the same as per actual consumptions to the complainant and the opp. parties may also be burdened with compensatory costs of Rs.20,000/- for harassment and deficiency in services and Rs.10,000/- as litigation expenses in the interest of justice.

3.       Upon Notice opposite parties appeared through counsel and contested the complaint by filing written reply, stating that the bill issued to the complainant is for consumption of electricity consumed by the complainant. It is pleaded that the complainant has constructed a new house for which the complainant has consumed heavy quantity of electricity. The complainant has moved an application before the SDO PSPCL, City Gurdaspur to challenge the consumption of Meter in M.E.Lab Gurdaspur by depositing fee Rs.120/-. It is further pleaded that consent memo was prepared on which complainant has signed, the meter was removed and packed in the presence of the complainant with paper seal and new electric meter was installed for the complainant in place of old one. It is further pleaded that the meter of the complainant was checked in M.E. Lab according to the consent Memo. M.E. Challan No.146 Dated 26.11.2018 was prepared and Meter was found to be Ok and Consumption Bill Dated 07.01.2019 was issued to the complainant for the amount of Rs.49,350/-.

          On merits, the opposite parties have reiterated their stand as taken in legal objections and denied all the averments of the complaint. In the end, the opposite parties prayed for dismissal of complaint with heavy costs.

4.       Learned counsel for the complainant has tendered into evidence affidavit of Hemant Sharma (Complainant) Ex.CW-1 along-with other documents Ex.C-1 to Ex.C-2.

5.       Learned counsel for the opposite parties has filed a reply Ex.OP-1/A along-with other documents Ex.OP-1 to Ex.OP-10.

6.       Rejoinder not filed by the complainant.

7.       Written arguments not filed by both the parties.

8.       Counsel for the complainant has argued that the bill dated 07.01.2019 for Rs.49,350/- is required to be declared null & void whereas on the other hand counsel for the opposite parties has argued that the said amount was chargeable from the complainant on account of checking in M.E. Lab. regarding actual consumption and consent memo was signed by the complainant himself as such the amount was legally recoverable from the complainant. During the course of arguments Mrs.Shivani Mahajan R.A. of the opposite parties has appeared on 11.08.2023 and has suffered a statement that all the pending dues has been deposited by the complainant before December, 2021and since no amount is pending before December, 2021, as such the complainant is also not entitled to the benefit of commercial circular No.21/2022 and as such complaint is liable to be dismissed.

9.       We have heard the counsels for the parties and gone through the record. It is admitted fact that the opposite parties had sent bill dated 07.01.2019 for Rs.49,350/- which is challenged in the present complaint. However, the complainant had himself challenged the meter and given liberty to the opposite parties to get the meter checked and during checking of the meter, the  meter was found to be OK and accordingly the bill regarding actual consumption of Rs.49,350/- was sent to the complainant.

10.     We are of the view that since the meter under challenge has been found to be OK and the complainant had himself voluntarily deposited the entire due amount, as such we do not find any merit in the present complaint and is accordingly the present complaint is dismissed with no order as to costs.

11.      The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

12.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record room. 

                               (Lalit Mohan Dogra)

                                                                        President 

Announced:                                          (B.S.Matharu)

Aug. 14, 2023                                               Member

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