We observe that the present complainant had earlier filed his complaint before us vide CC/08/2019 upon having unexpectedly received an excessive bill dated 05.11.2018 for Rs 155,507/-. The complainant had to file the present complaint as the OPs during the continuation/ pendency of the first complaint, had drawn another bill dated 10.01.2019 for Rs 199,422/-. The complainant vide the present complaint has sought directions to the OPs for withdrawal of the impugned bill.
2. The OPs, in compliance to the Commission’s Summons, appeared through its counsel and filed its written-version. We observe that the OPs have impliedly admitted having drawn the impugned bill upon the complainant during the pendency of the first complaint pertaining to bill dated 05.11.2018 (Rs 155,507/-) in continuation of which the present impugned bill stands drawn. Incidentally, the present impugned bill dated 10.01.2019 (comprising amount of the previous bill, also) was drawn when the matter pertaining to the first bill was subjudice.
3. We have carefully examined the documents/ evidence produced on record along with those produced during the proceedings pertaining to the former complaint CC/08/2019 and find that the OP’s act (issuance of the impugned bill) has been the one in close proximity to ‘sub-judice’ contempt.
4. We further observe that the previous complaint CC/08/2019 has been decided, on date, only and its orders are very much relevant and appropriately applicable to the present complaint. Let the final orders of date pertaining to the complaint no. CC/08/2019 be enjoined with these orders as its integral and inseparable part for all purposes including requisite compliance etc.
- Lastly, we prefer a lenient view towards the OP’s insensible and inconsiderate drawing of the impugned bill during the pendency of the former complaint. Thus, we find and hold the titled Opposite Parties deficient in service and order them to withdraw the impugned bill 10.01.2019 immediately. The amounts deposited by the complainant if any be refunded to him besides to pay him a lump sum amount of Rs 5,000/- as compensation and cost of the present litigation. The OPs are directed to ensure compliance of present orders within 45 days of receipt of the same. The complainant is also directed to ensure regular and timely payment of routine bills pertaining to his current consumption.
6. 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.
7. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Naveen Puri)
President.
ANNOUNCED: (R.S.Sukhija)
MAY 12, 2022. Member.
YP.
