Complainant Malkeet 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 quash his bill dated 18.01.2019 for Rs.22,256/- and opposite parties be further directed to pay Rs.21,000/- on account of mental torture and physical harassment suffered by him from the hands of the opposite parties.

2.        The case of the complainant in brief is that he is having domestic electric connection bearing Account No.UK45/0818W in his house. Normally the electricity consumption charges are around Rs.1000/- to 2000/- and he used to pay the same as per the electricity bills demanded by opposite parties and the connected load of the meter is 0.96 KW. He has further pleaded that he received bill No.429 dated 14.09.2016 of Rs.3270/- which is excessive as per the consumption and paid the same vide receipt No.185 dated 27.09.2016.  He has next pleaded that the amount of  deposit in the previous bill again came in the bill No.169 dated 16.11.2016 and he shown the receipt of payment of previous bill to the opposite party and  got rectified the abovesaid bill and thus he deposited an amount of Rs.2360/- vide receipt No.17 dated 6.12.2016. Again in the next bill the amount of deposit of previous bill again came in the bill No.457 dated 24.1.2017 and he shown the receipt of payment of previous bill of the opposite party and  again got rectified the abovesaid bill and  deposited the remaining amount of rs.1140/- vide receipt No.6455271 dated 06.02.2017.  Again fourth time in the next bill, the amount of deposit in the previous bill came in the bill no.40 and after seeing this bill, he has become mentally upset and the whole incident shown to the opposite party and the SDO marked the application to the R.A. Narinder Singh to rectify the bill but the R.A. thrown the bill and used the derogatory language against him and refused to rectify the bill.  He has further pleaded that now he received bill dated 18.01.2019 for the period from 17 November 2018 to 18 Jan 2019 in which demand of Rs.22,256/- is raised and out of which current year arrears shown as Rs.21,180/- are demanded. He approached the opposite parties and tried to enquire the matter and requested them to withdraw their illegal demand of the opposite parties vide bill dated 18.1.2019 of Rs.22,256/- but the opposite parties did not paid any heed to his request.  Opposite party had disconnected the electricity supply and removed the meter from his premises on 16.2.2019 without issuing any notice to him and threaten to recover the alleged amount forcibly, illegally and without due course of law. The demand of arrears in bill dated 18.1.2019 is illegal, arbitrary against the principal of natural justice. 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; the complainant has not come to the  Commission with clean hands and  the  present complaint is not maintainable. On merits, it was submitted that the account No.UK-45/818 is sanctioned in the name of the complainant. It was submitted that the complainant is a habitual defaulter and is not paying the electric bills to the opposite parties.  The opposite parties permanently disconnected the electric connection of the complainant vide PDCO dated 13.2.2019 due to the defaulting amount.  All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs

4.       Alongwith complaint, complainant filed documents Ex.C-1 to Ex.C-9.

5.    Alongwith written reply, opposite parties filed affidavit of Er.Balwinder Singh SDO, PSPCL Sub Div. Udhanwal Ex.OP-1 alongwith other documents Ex.OP2 and Ex.OP-3.

6.      Written arguments have been filed on behalf of both the parties.

7.      We have carefully gone through the pleadings of counsel for  both the parties 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 Complainant led evidence.

8.      Present complaint is filed by the complainant regarding receipt of excessive  electricity bill dated 18.01.2019 amounting to Rs.22,256/- including arrears shown as Rs.21,1810/- from opposite parties against A/c No.UK451818 which is placed at Ex.C9.

9.       It is also alleged by the complainant that this connection has already been disconnected by opposite parties and meter stand removed by opposite parties on 16.02.2019 without any notice. Further, complainant alleged for receipt of such excessive electricity bills previously also against his sanctioned load of 0.96 K.W.

10.     Opposite parties in the written reply denied all the allegations except for disconnection of the electric connection in dispute. Opposite parties further stated that all the bills are issued based on actual energy consumption done by complainant from time to time. It is also specifically mentioned by opposite parties that complainant is habitual defaulter and not paid any electricity bill from July, 2017 to March, 2019 and his connection was disconnected vide PDCO No.13/249 due to defaulting amount and copy placed at Ex.OP-1.

11.     Complainant also put on record the list of other 20 defaulters of the office of the opposite parties but whether their connections are disconnected or not, it is not clear from the evidence.

12.     Opposite parties have placed on record at Ex.OP-3 the details of bills of this connection in dispute where it is shown that complainant has only paid one partial bill of Rs.1140/- in year 2017 in two years upto 3/2019.  The consumption details shown in this document for this period seems to be quite normal as per the sanctioned load of the complainant.

13.     From the above it is known fact that the connection of the complainant was disconnected by opposite parties after 2 years of pendency of electricity bills. As per Supply Code Regulation 32.1 the connection can be disconnected after notice of 15 days from due date of the bill. So, more than sufficient time has been given to the complainant by the opposite parties, to clear the dues but complainant failed to deposit due requisite amount of bills from year 2017 to 3/2019. Hence, opposite party has taken the due course of action for disconnection of electricity supply. If it is the right of consumer to get electricity at the same time it is the duty to pay for electricity bills also.

14.        From the details given above we are of the considered view that complainant fails to justify his complaint and there is nowhere deficiency in service proved on the part of the opposite parties. The  amount in the disputed electricity bill is the accumulated amount of previous unpaid bills.

15.        In view of the aforesaid discussion, circumstances and facts of the case, the complaint is hereby dismissed. No order as costs.

16.        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.

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

             (Naveen Puri)

                                                                            President   

Announced:                                                (Bhagwan Singh Matharu)

May 13, 2022                                                       Member

*MK*