Complainant Micheal 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 an amount of Rs.32185/- raised vide bill No.45926 dated 7.10.2014 may be declared illegal, null & void and opposite parties are further directed to send the bill as per the consumption of the complainant and withdraw the bill in dispute. He has further claimed that opposite parties be also directed to pay Rs.50,000/- for the physical harassment and mental agony including Rs.15,000/- as litigation expenses all in the interest of justice.  

2.       The case of the complainant in brief is that he is the consumer of the opposite parties having electricity connection bearing no.SF-79/1034. It was pleaded that earlier complainant was serving as Priest and used to have the people by making prays before the Almighty and due to which he did not stay at home and electricity meter was disconnected and before the disconnection complainant had paid all his due and there was nothing due towards him. It was further pleaded that complainant was surprised when opposite parties issued him a notice bearing no.45926 dated 7.10.2014 in which opposite parties have demanded an amount of Rs.32185/- illegally for the consumption of 4086 units whereas the complainant had never used such units of electricity as there was only one bulb of 100 W in his house. It was also pleaded that complainant approached the opposite parties and requested them to withdraw the illegal demand but the opposite parties did not pay any heed to the request of the complainant and threatening him that they will disconnect his electricity connection.

3.       Upon notice, the opposite parties appeared through their counsel and filed the written reply by taking the preliminary objections that complaint is not maintainable as the complainant has not paid consumption charges from 6/2009 till today. The connection of the complainant had already been disconnected vide PDCO No.199/45378 dated 4.12.2014 for non payment of disputed bill which was effected by Satnam Singh J.E. on 31.12.2014. The complainant had filed the false, frivolous and vexatious complaint by concealing the true facts from this Hon’ble Forum and as such he is liable to be burdened with special costs. On merits, It was submitted that complaint is not maintainable because as per record Noyal Micheal son of Thomus Masih was the consumer of the opposite parties. It was stated that complainant was defaulter of the opposite parties as he had not paid the amount from 6/2009 till date. It was denied that complainant was surprised when opposite parties issued notice bearing No.45926 dated 7.10.2014 wherein they have demanded an mount of Rs.32,185/- for the consumption of 4086 units. It is pertinent to mention here that earlier complainant was defaulter but his reconnection order was made vide book No.58/7422 dated 5.3.2009 and at that time the reading of the meter was 03. Serial Number of the meter was 1088495 and the same was installed on 5.6.2009. It was stated that an advice was sent to computer cell Chandigarh but due to technical defect bill was not issued. On the other hand complainant also never approached to the opposite parties for issuing of consumption bill and later on notice in question was sent to complainant but instead of comply with the same he filed the instant complaint against the opposite parties. It is also pertinent to mention here that when bill was not paid by the complainant then his connection was permanently disconnected vide PDCO No.199/45378 dated 4.12.2014 by Satnam Singh J.E. on 31.12.2014 and now connection is not in running condition. It was further denied that complainant never approached the opposite parties. All other averments made in the complaint have been denied and lastly the complaint has been prayed to be dismissed with special costs.        

4. Complainant has tendered into evidence his own affidavit Ex.C1 alongwith other documents Ex.C2 and Ex.C3 and closed the evidence.
5. Concerned S.D.O. of the opposite parties has tendered into evidence his own affidavit Ex.OP-1 along with other documents Ex.OP-2 and Ex.OP-3 and closed the evidence on behalf of opposite parties.
6. 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.

7. From the pleadings and evidence on record it is an admitted case of both the parties that the complainant is holding one electric connection bearing No. SF-79/1034 and has hired serves of the opposite parties and as such is a consumer of the opposite parties. The case of the complainant is that he received a notice bearing No.45926 dated 7.10.2014 wherein the opposite parties demanded the impugned amount of Rs.32185/- and the consumption was shown as 4086 units whereas the complainant has never used such units of electricity as there is only one bulb of 100 watt in the house of the complainant.
8. On the other hand the opposite parties have argued that the complainant has not paid consumption bill from 6/2009 till today and as such the impugned amount is the actual consumption charges only and the same is recoverable as per rules. The connection of the complainant has already been disconnected for non payment of disputed bill vide PDCO No.199/45378 dated 4.12.2014 effected by J.E. Satnam Singh on 31.12.2014. The complaint has been filed by concealing the true facts and as such prayed to be dismissed.
9. From the entire above discussion we find that complainant has not come to this Forum with clean hands and has concealed true facts. In para no.5 of the complaint the complainant is alleging that the opposite parties is threatening to disconnect the connection but in fact his connection has already been disconnected vide PDCO No.199/45378 dated 4.1.22014. Moreover, it also stands proved that the complainant is a defaulter of the opposite parties and has not paid consumption bill since 6/2009. We find no deficiency in service on the part of the opposite parties and as such finding no merit in the complaint the same is hereby dismissed.
10. 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)

June 29, 2015                                                          Member.

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