Complainant Makhan Singh 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 their illegal bill dated 20.03.2019 for Rs.1,10,303/- and not to disconnect the connection illegally and forcibly. Opposite parties be further directed to pay Rs.15000/- as damages for unnecessary harassment caused to him.

2.       The case of the complainant in brief is that he is using electric energy for his domestic needs vide Account No.G 37 MF440926L having its connected load 6.90 KW and paying electricity bills regularly to the opposite parties. He has further pleaded that he is an aged person. He is residing in his house alongwith his wife, son and daughter-in-law. Family is very small though sanctioned load is 6.90 but in fact actual load is very less than the sanctioned load. He also never used extra energy for his domestic needs. He has many times requested to the opposite party to reduce the load as per actual Consumption but the opposite party has not reduced the same. Opposite party has issued a bill dated 20.03.2019 for Rs.1,10,303/-. After receiving the bill he  was surprised and shocked to know about the heavy amount demanded by the opposite party.  Before issuing the excess bill the opposite party never issued any notice to him. When he visited in the office of the opposite party to know about the reason for issuing the bill of heavy amount then the opposite party alleged that meter was checked from ME Lab vide ECR No.15/2394 dated 12.02.2019 by XEN enforcement Batala and it was found that F.R. of the meter is 13127 while he deposited bill is for 780 units only and there is difference of 12347 units and bill of these units required to be recovered from him.  Infact no checking was ever made and seals of meter were intact and there were no marks of scratch on the meter.  He never committed any theft and never used excess load.  Legal process was never adopted by the opposite party while checking the meter from the ME Lab. The old meter was never packed and sealed in his presence.  His consent was also never received by the opposite party to check the meter in his absence.  The status of the meter was remained OK in all the bills up to the bill dated 20.07.2018. Average consumption of the power was also remained genuine. Thereafter the meter bearing no.2607406 burnt due to some technical defect and its status was shown as 'R' in the bill dated 27.09.2018. New meter bearing no.1247971 was installed in his house by the opposite party. When this meter was installed the reading was already shown as 7691. Status of the meter was shown as 'C' in the bill dated 24.11.2018. Thereafter the status of the meter was remained OK till the bill dated 20.03.2019. As such the opposite party has utterly failed to prove how they have imposed the heavy amount in the bill dated 20.3.2019.  He requested many times to the opposite parties to withdraw their illegal bill for Rs.110303/- but all in vain. 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 taking the preliminary objections that   the complainant has filed the false and frivolous complaint and complainant has not come to Hon'ble Commission with clean hands and the present complaint is not maintainable.  On merits, it was submitted that Account No. of the complainant is MF 44-936 sanctioned in the name of the complainant. It was next submitted that the opposite parties changed the electric meter of complainant vide MCO No.43/1316 dated 20.10.2018 in the presence of the complainant and the consent was also given by the complainant to the opposite party for the checking of the meter in ME Lab in his absence. Thereafter the opposite party packed the meter in card board and sent to ME and in the checking in ME lab it was found that the complainant has consumed the electric upto the reading of 13127 units, whereas the complainant has paid bill upto 780 units, so the distance of 12347 units is recoverable from the complainant. The opposite party also sent the notice to the complainant no.92 dated 14.2.2019. The sanctioned load of the complainant is 7 KW. The complainant did not deposit the amount mentioned in the notice, then the opposite party added the same in bill in question. So the amount demanded by the opposite parties is legal and genuine. There is no deficiency in service on the part of opposite parties.  All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.   

4.       Alongwith the complaint, complainant has filed his own affidavit Ex.C-1 alongwith other documents Ex.C-2 to Ex.C-7.

5.      Alongwith the written statement ld.counsel for the opposite parties filed affidavit of unnamed SDO PSPCL Ex.OP-1 alongwith documents Ex.OP-2 to Ex.OP-5.

6.     Rejoinder filed by the complainant.

7.         Written arguments have been filed by the opposite parties.

8.        We have carefully gone through the pleadings of counsel for the complainant; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.

9.      The present complaint was filed by the complainant regarding receipt of an excessive electricity bill dated 20.3.2019 amounting to Rs.1,10,303/- issued by opposite party no.1 against his domestic electric connection No.G37 MF440926L (Ex.C01). It has been alleged that this bill is illegal and of very high amount whereas normally their consumption of electricity is very less.

10.     Opposite party in their written statement stated that the meter of the complainant was replaced vide MCO No.43/1316 dated 20.10.2018 (Ex.OP-3) and it was found that meter shows the reading as 13127 units and there was a difference of units of 12347 than the previous billing reading of 780 units. So the bill in dispute is the bill for difference of units and notice in this regard was also issued vide memo no.92 dated 14.2.2019 to deposit the requisite amount. Opposite party placed on record the copy of the checking report of M.E.Lab as Ex.OP-2 and Ex.OP-5. As per Ex.oP-2 the meter status is shown as burnt and as per report of MCO at Ex.OP-3 it is also written that meter is fully burnt.

11.      From the above we can see that opposite party has taken the final reading of burnt meter which is noted in M.E.Lab during checking as OK, whereas if the meter is defective or fully burnt then how the reading recorded in M.E.Lab can be taken as correct is a matter of dispute.

12.     Opposite party has failed to put on record any cogent evidence and it has not also been explained in their reply that under which rule and regulation of the department the reading of a fully burnt meter has been taken as correct whereas there is definite procedure laid down in the electricity supply code-2014 under regulation 21.5.2 to deal with such case of defective/burnt meter cases.

13.     Moreover the period for which this reading belong has not been mentioned in the notice or in the statement of opposite party. The difference of units of 12347 shows that meter might have remained defective/burnt for quite a long period, which is not replaced within stipulated time period by opposite party no.1. This also shows clear cut deficiency in service on the part of opposite party. Had it been replaced earlier then there was no chance of this type of dispute to arise.

14.    From the above, we are of the considered opinion that it is the sheer violation of the Supply Code Regulations on the part of opposite party no.1 and deficiency in service on their part for not replacing the burnt meter in time. Hence this present complaint can be best disposed off by giving the directions to opposite party.

15.      In view of aforesaid discussion by considering the facts and circumstances of this case the amount of Rs.1,05,737/- charged as arrears in the disputed electricity bill as per notice No.92 of opposite party on account of difference of units is hereby set aside and opposite party no.1 is directed to review the bills of this electric connection for the period the meter remained burnt as per guidelines and instructions given under electricity Supply Code-2014 Regulations 21.5.2.

16.     The present complaint stand disposed off accordingly with no order as to costs.

17.           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.

18 .   Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                                     

              (Kiranjit Kaur Arora)

                                                                             President   

Announced:                                               (Bhagwan Singh Matharu)

March 15, 2023                                                    Member

*MK*