Complainant Krishan Gopal Kohli  has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to withdraw the impugned demand of Rs.28,090/- being illegal, null and void and they be also directed to issue him fresh bill. Opposite parties be further directed to pay Rs.20,000/- as compensation for harassment and mental agony  alongwith Rs.10,000/- as litigation expenses, in the interest of justice.

2.        The case of the complainant in brief is that he is running a Karyana Shop and is earning livelihood for himself and for his family members by way of self employment as he is jobless. He got installed an electric connection in his shop bearing account no.3000192592 and he is using the electricity supply from the abovesaid electric connection and is continuously paying the electricity charges to the opposite parties without any default. His previous bills were between Rs.2000/- to Rs.2500/- per bill. He has next pleaded that the opposite parties has issued a bill dated 7.2.2017 to him for Rs.28,090/- which is totally illegal, null and void and is not binding upon his right as there is nothing outstanding against him . So the impugned demand is highly improbable. Actually there are few equipments lying in the shop which are playing with the electricity. Thereafter, he has approached to the opposite party no.3 and requested them to withdraw the impugned demand raised vide bill but they refused to admit his claim. Due to the illegal act and conduct of the opposite parties he has suffered great mental agony and he has suffered mental as well as physical harassment from the hands of the opposite parties. 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 by taking the preliminary objections that the complainant has filed the false and frivolous complaint; the complainant has not come to this Forum with clean hands and  the complaint is not maintainable. On merits, it was submitted that the complainant  is a habitual defaulter and always make the part payment of the energy bills, whereas the opposite party supplied the electricity to the complainant without any interruption and also issued the electric bills without any default, but the complainant deliberately not paid the full amount of the demanded energy bills and always made the part payment of the energy bills and now the complainant has filed the present false complaint with the intention to take the undue advantage of process of law. While denying and controverting other allegations leveled by the complainant, opposite parties have prayed for the dismissal of the complaint.

4.       Counsel for the complainant has tendered into evidence affidavit of complainant Ex.C1, alongwith other documents Ex.C2 to Ex.C8 and closed the evidence.

5.       Counsel for the opposite parties tendered into evidence affidavit of Sh.Pritpl Singh SDO, PSPCLtd. Ex.OP-1, alongwith other documents Ex.OP-2 to Ex.OP-12 and closed the evidence.

6.       We have duly heard the learned counsels for both the sides in the back drop of the legally acceptable statutory merit of the supporting evidence/ document(s) as produced by the litigating parties in order to statutorily resolve the inter-se dispute (under the C P Act’ 1986) prompting the present complaint. We find that the complainant had been the beneficiary holder of electric connection in his Karyana Shop with Consumer A/c # 3000 192592 and the present dispute prompted upon his being in receipt of one inflated Bill dated 07.02.2017 for Rs.28,090/- (Ex.C2) for the months of December’ 2016 & January’ 2017 whereas he has duly paid all his consumption Bills up to the month of November’ 2016 demanded vide Bill dated 14.12.2016 for Rs.2,280/- (Ex.C7) with further threats of disconnection of his electricity connection.

7.       We further find that the OP Corporation in its written reply and in its Affidavit Ex.OP1 has deposed that the impugned Bill comprising of Rs. 28,090/- has been the result of arrears as the complainant has been habitually depositing lessor amounts than that as duly raised in the previous Bills. However, we find that the copies of the Bills Ex.OP2 to Ex.OP7 as produced by the OP Corporation does not even tally with the Bills Ex.C2 to Ex.C7 as raised by it upon the complainant and thus the calculations as produced in the exhibits Ex.OP8 to Ex.OP12 get meaningless, lost in ambiguity.

8.       We are certainly not convinced with the clarifications as put forth by the OP Corporation to justify its act of the inadvertent demand resulting into the impugned Bill since it is in direct contravention of its own rules and regulations, as applicable on date; and that establishes ‘unfair trade practice’ coupled with ‘deficiency in service’ on the part of the OP service providers and that rakes them up for an ‘adverse’ statutory award under the applicable statute. Moreover, the impugned demand as put forth upon the complainant for payment of the arbitrary amount by the opposite party corporation has been admittedly not a matter of routine and the same has not even been proved to be in accordance with the legally accrued amounts as per its Sales/ Distribution Policy and the Rules & Regulations etc as framed, there under. 

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 (Ex.C2) and instead raise the applicable consumption charges on the basis of complainant’s past consumption (history) record by duly appropriating the amount deposited by the complainant (if any) besides to pay him Rs.3,000/- as compensation and another Rs.2,000/- as cost of present litigation within 30 days of the receipt of the copy of these orders otherwise the awarded amount shall attract interest @ 9% PA from the date of orders till actual realization.

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

 (Naveen Puri)

       President

ANNOUNCED:                                (Jagdeep Kaur)

December 01, 2017.                                    Member

*MK*