Complainant Maninder 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 exclude amount of Rs.11,870/- as arrears from the bill in dispute and to recover the actual consumption amount from him and restrained them from disconnecting his electric connection, till the final decision of the complaint. Opposite parties be further directed to pay him Rs.10,000/- as compensation for physical harassment and mental agony.
2. The case of the complainant in brief is that he has got installed an electric connection bearing Account No.G 44 RF 541662F in his Tea Stall. He is having no source of income, as such he has opened a Tea Stall for earning his livelihood and his dependent family members by way of self-employment. He has not engaged any servant for this work. He is using the electricity and paying its bills etc. regularly, nothing is outstanding against him and as such he is consumer of the opposite parties. He has installed only one Bulb and one Fan in his shop. His sanctioned and existing load is .58 KW. Average bimonthly bill of this shop is about Rs.200/- to Rs.250/-. He has further pleaded that the opposite parties issued a bill dated 29.12.2014 for Rs.12,910/- to him in which the opposite parties slapped Rs.4893/- as current and Rs.6475/- as arrears of current year and Rs.120/- as adjustment without mentioning any reason. He has paid upto date bills and nothing is outstanding against him. On receipt of the illegal bill, he approached the opposite party no.4 and requested him to exclude the amount of arrears from the bill and to receive the actual consumption amount. Opposite party no.4 told that his meter has given wrong reading and the same is required to be replaced. His meter has been installed in a box at common place alongwith meters of other consumers. The opposite party no.4 removed the old meter at its own and installed a new meter. To his utter surprise, the opposite parties issued bill for the month of March 2015 for Rs.13,800/- and instead of rectifying the previous bill an amount of Rs.11,870/- has been added in the bill as arrears. He again approached the opposite party no.4 and requested him to exclude the amount of arrears from the bill and to receive the actual consumption amount 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; the complainant has not approached this Forum with clean hands; the present complaint is not maintainable as the disputed bill is energy charges bill and the connection of the complainant is NRS. On merits, it was submitted that Account No.54/1662 was sanctioned in the name of the complainant. The complainant has consumed 876 units in the month of October and November 2014 hence the opposite party demanded amount of Rs.6650/- as energy charges vide bill dated 11.11.2014. But the complainant did not pay the abovesaid bill hence the amount of Rs.589/- as late payment surcharge was imposed on the abovesaid amount. After that the opposite party has send the bill dated 29.12.2014 for the consumption of 730 units i.e. Rs.12,910/- but the complainant also not paid this bill again. The electric meter of the complainant was changed on 8.12.2014 and the amount demanded by the opposite party are the unpaid energy charges of abovesaid two electric bills. The complainant has deposited 1/3rd amount of Rs.4610/- on 27.3.2015 but the amount of Rs.9219/- is still stand against the account of the complainant as balance. So, the amount demanded by the opposite party is legal and genuine. Thus, there is no deficiency in service on the part of the 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. Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1, alongwith other documents Ex.C2 to Ex.C9 and closed the evidence.
5. Sh.Harmanpreet Singh Gill, S.D.O. PSPCL tendered into evidence his own affidavit Ex.OP-1, alongwith other documents Ex.OP2 to Ex.OP6 and closed the evidence.
6. We have carefully gone through the pleadings of both the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.
7. From the pleading and evidence on record we find that complainant is the holder of one electric connection bearing No. G 44 RF 541662F and as such is a consumer of the opposite party. The complainant has mainly challenged bill dated 29.12.2014 in which opposite party has added Rs.4893/- as current and Rs.6475/- as arrears of current year without any reasons. The case of the complainant is that he has never consumed energy to such huge level and he was never in arrears.
8. On the other hand, counsel for the opposite party has submitted that the amount claimed is the actual unpaid charges of electricity consumed by the complainant.
9. From the entire above discussion we find that opposite party has been successful in proving their demand of Rs.6475/- only and no plausible explanation came forward for demanding Rs.4893/-. A consumer has every right to know what he is paying and why he is paying. We find no justification for Rs.4893/- in the impugned bill. Hence we prefer to dispose off this complaint with directions to the opposite party and as such opposite party is directed not to recover the amount of Rs.4893/- in the impugned bill. However, the opposite party is at liberty to recover the remaining amount from the complainant as per their own established rules.
10. Copy of the order be communicated to the parties free of charges. File is ordered to be consigned to the record room.
(Naveen Puri)
President
ANNOUNCED: (Jagdeep Kaur)
October, 09 2015. Member.
*MK*
