Complainant Lali Masih through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the opposite parties be directed to restore the electric supply of
his house.
- The case of the complainant in brief is that he is the consumer of the opposite parties as he has installed an electric meter in his house for domestic purpose bearing A/c No.G-33-JF-251385. It was pleaded that complainant has deposited an electric bill of Rs.8720/- on 18.2.2015 but the opposite parties illegally disconnected the electric supply of the house of the complainant in the month of March, 2015 without serving any notice. It was pleaded that complainant has regularly deposited the electric bill and there is no arrears outstanding against the bill and nothing is due against him. It was further pleaded that complainant has requested the opposite parties to restore the electric supply but they refused to do so. The said act of the opposite parties, disconnecting the electric supply of the complainant without serving any notice amounts to deficiency in service on the part of the 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 taking the preliminary objections that complaint is not maintainable in the present forum. Complainant has not paid the bills during the period of 7/14 and 9/14 and bill of 11/14 also remained unpaid and due to this reason bill for amount of Rs.61870/- was raised which also remained unpaid, hence the complaint is not maintainable and complainant is liable to face consequences under the act. Complainant has not paid actual energy bills and thus he was not entitled for any relief. On merits, It was stated that bills for the period of 7/14 were served upon the complainant of old reading 4805 and new reading 5500 of 695 units and bill of Rs.4934/- was not paid, bill of period 9/14 was based on N-Code and demand of average bill of 554 units i.e. Rs.3783/- and Rs.4943/- bill of 9/14 arrears and thus total Rs.8717/- was raised but the same was not paid by the complainant. It was further stated that during 11/14 old reading was 5500 units and new reading was 12727 units and thus 7227 units of the consumption and bill was raised for Rs.57,540/- along with arrears of Rs.8,717/- and total bill of Rs.61,870/- was claimed from the complainant but he did not deposit the same. Thereafter, during period of 1/15 old reading was 12727 and new reading 14176 units and units ground 1449 and thus bill of this consumption along with Rs.67,870/- as arrears of period 11/14 remained unpaid and due to non payment of the energy bills the connection had been disconnected and as such complaint legally not maintainable as the same is false, frivolous, baseless and misconceived and there is no deficiency in service on the part of the parties. All other averments made in the complaint have been denied. Lastly opposite parties have prayed for dismissal of the complaint with costs.
4. Complainant tendered into evidence his own affidavit Ex.C1 along with documents Ex.C2 to Ex.C7 and closed the evidence.
5. Sh.Kasturi Lal S.D.O. P.S.P.C.L. of the opposite parties tendered into evidence his own affidavit Ex.OP-1 alongwith document Ex.OP-2 to Ex.OP-6 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.
- The sanctioned and existing load of the complainant is 0.26 K.W. and status of meter is also 'O.K.' The complainant owns a small house. The opposite parties issued bills 11/14 of Rs.61,870/- which is very excessive and complainant cannot consume such a high of 5500 units, where as the sanctioned load of the complainant is only 0.26 K.W. No notice issued before including such like huge amount in the bill by the opposite parties to the complainant. Bill is very excessive and it is non speaking bill.
8. In the light of all above we find that this complaint can be disposed off by giving directions to the opposite parties to charge either average of six months of the current year or of the corresponding months of previous year by way of giving a fresh notice within a period of 45 days from the receipt of copy of orders. The complainant if deposits the payable amount to the opposite parties his connection is also directed to be restored immediately.
9. 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)
OCT. 23, 2015 Member.
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