Complainant Mohinder Dass through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) had prayed that necessary directions may kindly be issued to the opposite parties to replace his electricity meter immediately, to rectify the bills and to recover the actual consumption amount from him. Complainant had further claimed compensation to the tune of Rs.20,000/- for mental agony, physical torture and financial loss caused by the opposite parties to him due to deficient service and unfair trade practice. Complainant had also claimed Rs.5000/- as litigation expenses, all in the interest of justice.
2. The case of the complainant in brief is that he had installed an electric connection bearing A/c No.G-51MF-631041M on his name in the house and was paying the electricity bills regularly and nothing was outstanding against him and as such he is the consumer of the opposite parties. Complainant had also pleaded that he is an Ex-Serviceman and is about 70 years of age and living in the house along with his wife and no other family member is living in the house. The average bimonthly of the bill of this connection was Rs.1000/-. It was pleaded that in the month of Feb. 2016 a bill was issued to the complainant by the opposite parties on average basis amounting to Rs.1920/- by alleging that the meter installed in his house had been burnt and opposite parties directed the complainant to deposit fee for the replacement of burnt meter and the amount which was received in excess from him will be adjusted in the bills of coming months and as per the assurance of the opposite party No.1 complainant had paid the above said bill. It was pleaded that on 24.02.2016 complainant had deposited Rs.520/- with the opposite parties and on 02.04.2016 a bill was again issued by the opposite parties to the complainant amounting to Rs.2480/- on average basis and on receiving the above said bill complainant again approached the opposite party No.1 and requested them to receive the bill as per the actual consumption on the basis of consumption made by him in the months of previous years and also requested them to replace his meter as he had already deposited requisite fee for this purpose but opposite party No.1 again asked him to deposit the bill for avoiding any confusion and the excess amount paid by the complainant will be adjusted in the bill for the next months, one his meter was replaced and on the advice of the opposite party No.1 complainant again deposited the bill in question. It was further pleaded that complainant was surprised when no action had been taken by the opposite parties for replacement of his meter and also issued bill dated 07.06.2016 amounting to Rs.6050/- on average basis without mentioning any reasons that on what account this huge amount had been slapped upon him as he never used electricity energy to this extent for which the impugned bill was issued to him. It was also pleaded that on the receipt of above said illegal bill complainant again approached the opposite party No.1 and requested them to receive the actual consumption on the basis of consumption made in similar months of previous year and also requested for the replacement of the meter. Opposite party No.1 called the complainant to his office twice after a gap of 2-3 days with the assurance of rectification of the bill but after two calls bill was not rectified by the opposite parties and had also refused to take any action in the matter rather threatened the complainant that they will recover the above said amount from him by adopting coercive methods and will disconnect his connection if he will not pay the amount in question and due to this illegal act of the opposite parties complainant had suffered mental agony, physical torture and financial loss. It was next pleaded that complainant had not used the electricity to this extent for which bill in question was issued to him nor he came into arrears and the demand raised by the opposite parties without any checking and notice was illegal against the rules and the same is liable to be withdrawn and is not binding upon the complainant and complainant is not in a position to pay the same. It was pleaded that there was a clear cut deficiency and negligence in service on the part of the opposite parties who had failed to replace the electricity meter of the complainant inspite of receiving money from him and issuing highly excessive and exorbitant bills without any reason or rhyme which was also amounts to unfair trade practice on the part of the opposite parties, hence this complaint.
- Notice of the complaint was served upon the opposite parties who appeared through their counsel and filed the written reply by admitting that complainant is a domestic electric connection holder bearing A/c No.G-51MF-631041M and is their consumer. It was denied that nothing was outstanding against the complainant and his average bimonthly bill was Rs.1000/-. It was stated that in the month of Feb. 2016 complainant came to the office of the opposite parties and informed that the electric supply to his house had been stopped and on his information Meter Reader went to the spot and checked the meter and made the report regarding the burning of meter. On 24.02.2016 complainant deposited an amount of Rs.520/- as meter change fee with the opposite parties and his meter was removed vide MCO No.60 dated 24.02.2016 and had also restored the electric supply to his house. It was denied that on the assurance of the opposite parties complainant had paid the bill in the month Feb. 2016 which was issued to him on average basis. It was stated that complainant had failed to understand the version of the officials of the opposite parties at the time removal of meter that he will receive the bills on average basis as per rules of the department till the installation of new meter and after that his account will be overhauled and excessive or less bill paid by him will be adjusted and bills will be issued to him on the basis of units consumed by him. It was stated that complainant was informed regarding the non installation of meter in his premises immediately as new meters were out of stock and were not available in the office of opposite parties but complainant was not ready to understand this fact and bill dated 07.06.2016 was issued to him on average basis as per the rules of the opposite parties which was liable to be adjusted at the time of overhauling his account. It was stated that complainant was informed regarding the preparation of bills which were not prepared manually and the same were prepared by the computer as per instructions of the opposite parties and excessive payment if any paid by the complainant should be adjusted at the time of overhauling his account by the computer but complainant was not ready to understand the same. It was further stated that on 21.06.2016 new meter was installed as soon as same become available and it was also stated that opposite parties have every right to disconnect the power supply of the consumer if he fails to make the payment of bills within stipulated time. It was next stated that when old meter of the complainant was removed direct electricity supply was also provided to him and that is why bills had been issued to him on average basis and as such the demand raised by the opposite parties was not illegal. All other averments made in complaint have been denied and lastly prayed for dismissal of the complaint with costs.
4. Counsel for the complainant had tendered into evidence affidavit of complainant Ex.CW1/A along with documents Ex.C1 to Ex.C3 including the copy of bill mark ‘A’ and closed the evidence on behalf of complainant.
5. Sh.Kewal Krishan S.D.O. had tendered into evidence his own affidavit Ex.OP-1 along with documents Ex.OP-2 to Ex.OP-4 and closed the evidence on behalf of opposite parties.
6. We have examined all the documents/evidence produced on record and have also duly considered and perused the arguments duly put forth by the learned counsels for both the parties while adjudicating the present complaint.
7. That complainant is the consumer of the opposite parties and is having domestic service electric connection bearing A/c No.G-51MF-631041M. It is further submitted by the complainant that the opposite parties issued a bill in the month of Feb. 2016 on average basis for Rs.1920/- and stated by opposite parties that meter is burnt and the complainant deposited Rs.520/- with the opposite parties on 24.2.2016. The next bill issued by opposite parties dated 02.04.2016 to the complainant for Rs.2480/- on average basis. This bill also deposited by the complainant. The opposite parties again issued bill dated 07.06.2016 for Rs.6050/- on average basis without mentioning any reasons thereto. The opposite parties had not installed the new meter in the premises of the complainant whereas the complainant had deposited the requisite fee of burnt meter. The complainant stated that he never used electricity energy to such extent for which the above mentioned bills have been issued. That the opposite parties have sent three bills on average basis then why the same amount of bill has been sent. Moreover, there is no document on file that opposite parties have informed the complainant that bill be issued on average basis. If meter of the complainant not changed by the opposite party for five six months then it is the fault of the opposite parties and not the complainant. No cogent and convincing evidence produced by the opposite parties. The act of the opposite parties amounts to deficiency of service.
8. In the light of our above observation and findings, complaint filed by complainant is party allowed and the demand of the opposite parties of Rs.6050/- dated 07.06.2016 is held illegal, null and void and as such is set aside. If the complainant has deposited any amount against this demand be refunded to the complainant besides pay Rs.3000/- as compensation and Rs.2000/- as litigation expenses. Compliance of the order be made within a period of 30 days from the receipt of copy of the order failing which opposite parties shall refund the deposited amount @ 9% interest from the date of order till actual payment.
9. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.
(Naveen Puri)
President.
ANNOUNCED: (Jagdeep Kaur)
SEPT. 14, 2016 Member.
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