Sh.Jagdish Raj, the titled complainant has been running his Health Clinic under the name and style of 'Shri Ram Aushdhalyia' for earning his family-livelihood through self employment and has been the holder of an electric connection # G56BF280483P since long with the titled opposite parties paying his consumption bills on regular basis. His average consumption in the past years has been lower/less than 200 units per cycle of 2-months but somehow on 06.11.2020 he received an Electricity-Bill # 240620206403005 for a sum of Rs.100,150/- payable by 23.11.2020 in cash/online; for an exhausted consumption to the tune 19478 units in two months of September & October' 2020. The complainant did approach the OP3 SDO and reported his grievance expressing his clear situational inability/incapacity to have consumed that amount of units etc. Further, at the instructions of the OP3 SDO another Electric Meter # 95478352 was installed and the Old Meter # 508005 was sent to the OP M.E. Lab sans the prescribed procedures and the subsequent bills issued by adding the aforesaid amount as arrears whereas the complainant had already deposited its 30% amounts vide Receipts dated 30.03.2021, 08.06.2021 & 02.09.2021 for Rs.20,000/-, Rs.10,000/- & Rs.100/-, respectively in order to avoid any inconvenience and hardship.

2.       During the intervening period, the complainant has been regularly requesting the OP3 SDO for setting aside of the excessive/arbitrary bill drawn upon him as he had never consumed that much of electric units and at last having got tired/exhausted and failed in his persuasions to seek justice at the hands of the OP corporation has filed the present complaint seeking for directives to the OP1 SDO to withdraw/set-aside the impugned Bill for Rs.100,150/- dated 06.11.2020 and instead draw the actual consumption bills upon him and also to pay him a sum of Rs.20,000/- as compensation and cost of litigation etc., in the interest of justice. In order to support a successful prosecution of the complaint, it has been accompanied with the duly sworn-out attested (Ex.CW1/A & Ex.CW2/A) affidavits; ii) Copies of the Electricity Bills (Ex.C1 to Ex.C6);  iii) Copy Legal Notice (Ex.C7) Postal Receipts (Ex.C8); iv) Copy of Aadhar ID (ExC9) and v) Copies of Deposit Receipts (Ex.C10 to Ex.C12) + written arguments.          

3.       The titled opposite parties 1 to 3 (represented by the OP3 SDO) upon summoning appeared through their counsel and filed their joint written reply with its opening preliminary objection that the complaint was liable to be dismissed as the complainant has not come to the court with clean hands concealing the true and material facts with no cause of action having ever arisen in his favor. Further, on merits, the OP corporation have admitted the complainant as consumer of the OP corporation and that he has been regularly paying all his consumption bills. Further, the consumption of 19478 and its Bill for Rs.100,150/- has been admitted as being correct as per the Meter recording. At the request of the complainant, Meter was replaced/changed and he was billed along with the aforesaid amount added in parts as paid by the complainant in the 30% ratio, only. The other contents of the complaint are denied and lastly, the OP have sought dismissal of the present complaint and have filed duly sworn-out i) affidavit (Ex.OP1) of its SDO Suresh Kumar; ii) Copy of the Bill History (Ex.OP2); iii) Copy Meter Testing Fee Rs.120/- Ex.OP3; iv) copy of Meter Challenge Register (Ex.OP4) etc. + written arguments in support of prosecution of its defense.

4.       We observe that both the sides have duly filed their respective written statements that have been duly perused during the course of consideration. 

5.       We have examined the documents/evidence produced on record (along with the scope of ‘adverse inference’ for those ignored to be produced) in order to adjudicate the respective ‘claims’ as put-up by the litigants in the light of arguments by the respective learned counsels.

6.       We observe that the OP corporation's lone pleading justifying the impugned Bills has been that the impugned Bill has been in order as has been drawn qua the reading of the complainant's Meter. However, neither the Testing Report of the Meter nor its results have been produced in evidence during the entire course of the present proceedings. Moreover, when the Electric Meter was removed for replacement how the actual consumption has been under measure. Further, no evidence of ME Lab Testing along with the results duly supported by the affidavits of the therein posted Technicians have been filed along with the other ones. The Bill has been stated to be charged as per the actual site consumption of units but the OP have failed to investigate and bring on record the cause of such high/vast fluctuations in the family's monthly consumption.

7.       Moreover, the OP corporation have not produced any cogent evidence in support of their above pleading that the meter was changed. There's no MCO (Meter Changing Orders), no M.E. Lab Testing of defective Meter, no affidavit/deposition of the Lab Engineer/Technician and also no Past Consumption Records of the complainant and no investigation report(s) etc; and, in the absence of these requisite as well as collateral support in evidence, we are of the considered opinion that all the herein OP pleadings turn out to be bald statements sans legal-acceptance. We further observe that the OP corporation has totally ignored to follow even its own formulated Distribution and Supply Rules while resolving the present dispute and also the prescribed procedures.     

8.       Thus we hold the titled OP corporation on adverse side of the award under the herein applicable statute observing herein that the OP Corporation do still hold the outdated mentality of sovereign authority although its constituent stands changed to that of PSU (Public Sector Unit) like Banks etc and nature too of public utility service industry; But, here the OP have miserably failed in their duty towards the public, in general, and its consumers, in particular. We are certainly not convinced with the clarifications as put forth by the OP Corporation to justify its act of unwarranted inadvertence pertaining to drawing of both the impugned consumption bills upon the complainant.

9.       In the light of the all above, we partly allow the present complaint and thus ORDER the opposite party corporation to withdraw the impugned Bill for Rs.100,150/- and also refund the deposited amount if any against the related Bill (Ex.C1)  besides to pay Rs.10,000/- in lump sum as compensation and cost of the present litigation within 45 days of receipt of the certified copy of these orders otherwise the aggregated awarded amount shall attract interest @ 9% PA from the date of orders till actual realization.

10.      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.

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

                                                          (Naveen Puri)

                                                                President.

ANNOUNCED:                                (R.S.Sukhija)

NOV. 17, 2022.                                          Member.

YP.