Complainant Jaspal Singh through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the bill dated 3.7.2015 amounting to Rs.18,229/- may be quashed and set aside and the complainant may also be granted any other relief which he may be found entitled.
2. The case of the complainant in brief is that he is the consumer of the opposite party vide account No.G-18KF-250368H. It was pleaded that the above said electricity connection was in the name of Gurbachan Singh (now deceased) and his wife Charanjit Kaur is a paralytic patient and the deceased have two children namely Gurinder Kaur and Gurmeet Kaur. It was pleaded that Gurinder Kaur married to Jaspal Singh (Complainant) and the complainant from last so many years was paying the electricity dues regularly without any default and as such he is consumer of the opposite parties. The sanctioned load of the complainant was 1.20. It was further pleaded that opposite party had sent bill dated 3.7.2015 amounting to Rs.18,229/- to the complainant which was wrong as the consumption of the complainant was limited to 555 units which was clear from the bill dated 3.7.2015. It was pertinent to mention here that in the bill dated 3.7.2015 opposite party had put extra misc. charges and had sent a bill amounting to Rs.18,229/-. It was also pleaded that complainant asked the opposite party no.4 for quashing the same as the said bill was illegal and false but the opposite party failed to take any action regarding the same. It was next pleaded that complainant has no gadgets to use such a amount of electricity. Complainant was asked the opposite party to withdraw the bill dated 3.7.2015 amounting to Rs.18,229/- as the same is illegal and had not been prepared as per his actual consumption but they refused to do so, hence this complaint.
3. Upon notice, the opposite parties have 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 harass the opposite parties. Complainant has not approached this Hon'ble Court with clean hands and concealed the material facts. Complainant has no locus standi to file the present suit and complainant has no cause of action to file the present suit. On merits, it was stated that in month of August, 2014, the complainant had consumed 1029 units, but due to the 'C' code, opposite party had send the bills for 138 units. Again in the month of October, 2014 the complainant had consumed 403 units but due to the 'F' Code opposite party had send the bills on average basis for 138 units and in the month of December, 2014 the complainant had consumed 436 units, but due to the 'F' Code opposite party had send the average bill for the 151 units but during the audit it was revealed that complainant had consumed the more units than the paid charges so the opposite party had demanded the differences of unpaid units through the disputed bill. It was further stated that the demand of the opposite party is legal and genuine and there is no deficiency in service on the part of the opposite party. All other averments made in the complaint have been denied. Lastly, opposite parties have prayed for dismissal of the complaint.
- Complainant tendered into evidence his own affidavit Ex.C1 and bill dated 3.7.2015 Ex.C2 and closed the evidence.
- Sh.Maninder Pal Singh S.D.O. tendered into evidence his own affidavit Ex.OP-1 and closed the evidence on behalf of opposite parties.
- 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 complainant is the consumer of the opposite parties vide account No.G-18KF-250368H. Complainant has mainly challenged the bill dated 3.7.2015 amounting to Rs.18,229/- which was issued by the opposite parties being wrong and illegal as his consumption was only 555 units and he has no gadgets from which he could use the electricity to this extent. Complainant had further alleged that opposite parties had put extra misc. charges and had sent the bill in question to him.
8. On the other hand opposite parties have submitted that in the month of August, 2014, the complainant had consumed 1029 units, but due to the 'C' code, opposite party had sent the bills for 138 units. Again in the month of October, 2014 the complainant had consumed 403 units but due to the 'F' Code opposite party had sent the bills on average basis for 138 units and in the month of December, 2014 the complainant had consumed 436 units, but due to the 'F' Code opposite party had sent the average bill for the 151 units but during the audit it was revealed that complainant had consumed the more units than the paid charges so the opposite party had only demanded the differences of unpaid units through the disputed bill.
9. From the entire above discussion we are of this considered view that opposite parties have rightly claimed the demand of Rs.18,229/- vide bill dated 3.7.2015 as the differences of unpaid units as the complainant had consumed more units than that of the paid charges. We find that there is no merit in this complaint and the same is dismissed with no order as to costs.
10. 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)
JAN. 11, 2016 Member.
*YP*
