Complainant Mohinder Singh through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has sought issuance of necessary directions to the titled opposite parties to recall, rectify and correct the bills dated 07.10.2014 and 28.11.2014 and not to charge the bill at exorbitant rate. Opposite parties be further directed to pay Rs.20,000/- as compensation for harassment and mental agony caused to him by them alongwith litigation expenses.
2. The case of the complainant in brief is that he is consumer of the opposite party and is having an domestic electric connection bearing A/C No.G-33KR520531K and has been paying the energy charges to the opposite parties regularly without any default. He received bill dated 7.10.2014 for 3975 units and he immediately approached to the opposite party no.1 to enquire about the bill and requested them to rectify the bill, but they flatly refused to rectify the bill by saying that “you have consumed the electric energy units 3975, therefore you have to pay this amount.” He is a poor REHRA PULLER, having a single room house and a small family. The energy consumption pattern for the last one year and corresponding consumption cycle also reveals that the complainant never used such a high units of electric energy. The opposite party no.4 again issued a bill dated 28.11.2014 for Rs.31,720/- which includes unpaid bill dated 7.10.2014, whereas the actual bill for this cycle was Rs.581/- only. He again visited the office of the opposite party no.4 and requested them to withdraw the same and issue him a rectified bill but they again compelled him to deposit the entire bill and they also threatened that in case of non deposit of bill, his meter/connection must be disconnected. He is ready to pay the consumed units but not to pay the entire amount of bill dated 28.11.2014. The bill dated 7.10.2014 and 28.11.2014 is liable to be withdrawn and rectified bill is required to be issued by the opposite parties. Hence this complaint.
3. Upon notice, the opposite parties appeared through their counsel and filed the written reply taking the preliminary objections that of complainant has filed the false and frivolous complaint with the intention to harass the opposite parties; the complainant has not approached this Hon’ble Forum with clean hands and concealed the material facts intentionally and deliberately; the complaint of the complainant is not maintainable in the present form and this Forum has got no jurisdiction to entertain the present suit as the opposite parties has demanded the consumption bill. On merits, it was admitted that the account No.KR52/531 was sanctioned in the name of the complainant. The opposite party has demanded the energy bills from the complainant. The status of the meter is OK. The opposite party has filed the consumption data from December, 2012 to February 2015, which shows that the complainant has not deposited the consumption bills regularly. The opposite parties not imposed any theft charges or un-authorize use of electricity charges to the complainant. The opposite parties demanded only consumption charges from the complainant as the complainant has consumed 3975 units in the month of October, 2014. If the complainant has any doubt regarding the working of his meter, he can move an application for the checking of the electric meter to the opposite parties, but till today no application was ever moved by the complainant rather he has filed the present complaint without approached the opposite parties. It was also submitted that the disputed amount was the energy bill of the complainant. All other averments made in the complaint have been denied and lastly the complaint has been prayed to dismiss with costs.
- Complainant has tendered into evidence his own affidavit Ex.CW1/A, along with other documents Ex.C1 to Ex.C9 and copy of bill dated 7.10.2014 as Mark-A and closed the evidence.
- Sh.Gurnam Singh S.D.O. of the opposite parties has tendered into evidence his own affidavit Ex.OP-1 along with other document Ex.OP-2 and closed the evidence.
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 clear that the complainant obtained electric connection from the opposite party bearing account No.G-33KR520531K for his residential house and as such is consumer of the opposite party. The case of the complainant is that he has received a bill dated 7.10.2014 for the alleged consumption of 3975 units for Rs.31,139/- which as per the version of the complainant is a huge amount as he never consumed those excessive units of energy.
8. On the other hand, the counsel for the opposite party has submitted that the status of the meter of the complainant is OK. As per the consumption data the complainant has not been depositing the consumption bills regularly and the disputed bill is nothing but the bill based on actual consumption charges only.
9. From the entire above discussion we find no deficiency in service on the part of the opposite party as the status of meter is OK. If the complainant has any doubt regarding the working of his electric meter he can move an application for the checking of the meter but no application was moved by the complainant. The complainant has not even deposited any energy bill after September 2014. Hence, we find that the impugned bill is the actual consumption charges and as such finding no merit in it the present complaint is hereby dismissed. Parties are left to bear their own costs.
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 08, 2015 Member.
*MK*
