Complainant Paramjit Kaur 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 withdraw their illegal demand of Rs.22,390/- raised in the impugned bill. She has also claimed Rs.1000/- per month as litigation and Rs.50,000/- as compensation for the mental agony, harassment and inconvenience suffered by the complainant all in the interest of justice.
2. The case of the complainant in brief is that she is the consumer of the opposite parties vide account No.3000127125 and consumer no.G-43CF-390620M. It was stated that opposite parties have issued a bill No.4491114G090905143 vide which they have raised a demand of Rs.22,390/- from the complainant which was payable on 24.7.2014 without reading of the meter. It was further stated that complainant had made the payment of the demanded amount without any default and nothing is due towards the complainant. It was also stated that earlier opposite parties have issued the bill to the complainant of much lower amount but suddenly they have demanded the impugned amount which was required to be looked into. It was stated that bill dated 16.12.2011 to 17.2.2012 was of the amount of Rs.420/- as such other bills were also issued by them but suddenly the pattern was changed which was not justified. It was further stated that complainant approached the opposite parties and requested them to claim the demanding amount as per her consumption but they are threatened her that they will disconnect her electric connection if she will not pay the said demanded amount. It was also stated that opposite parties have also issued another bill dated 15.8.2014 amounting to Rs.24,540/- to the complainant, hence this complaint.
3. Upon notice, the opposite parties appeared through their counsel and filed the written reply by taking the preliminary objections that the present complaint is false and frivolous and the same has been filed just to harass the opposite parties, complainant has not come to the Forum with clean hands and concealed the material facts and the present complaint is not maintainable. On merits, it was admitted that complainant is the consumer of the opposite parties. It was stated that complainant is the defaulter of the opposite parties as she has not paid the energy charges regularly. The opposite parties have issued bill dated 3.5.2014 for Rs.15050/-, bill dated 9.7.2014 for Rs.16800/-, bill dated 15.9.2014 for Rs.18950/-, bill dated 12.11.2014 for Rs.9200/- to the complainant and the sanctioned load of the complainant was 1.50 K.W. It was further stated that complainant had only deposited Rs.1270/- on 30.5.2011 and Rs.420/- on 22.2.2012 and Rs.2485/- and when he filed the instant complaint he had deposited Rs.11000/- on 7.10.2014 as per the direction of this Hon’ble Forum. It was also stated that status of the meter of the complainant was OK and the amount demanded by the opposite parties from the complainant was unpaid energy charges but the complainant had not paid the same. 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 her own affidavit Ex.C1 along with other documents Ex.C2 and Ex.C3 and closed the evidence.
- 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 to Ex.OP-7 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 having electric connection bearing account no.3000127125 and consumer no.G-43CF-390620M as such he is the consumer of the opposite parties. The complainant has challenged bill No. 4491114G090905143 for Rs.22,390/- and another bill dated 15.8.2014 amounting to Rs.24,540/- being excessive and without any details. It is also argued by the complainant that there were no arrears or dues of any kind towards the complainant. On the other hand the case of the opposite parties is that the complainant is a habitual defaulter and has not paid the energy bills. We find that opposite parties have issued bill dated 3.5.2014 for Rs.15050/-, bill dated 9.7.2014 for Rs.16800/-, bill dated 15.9.2014 for Rs.18,950/-, bill dated 12.11.2014 for Rs.9200/-. The complainant only deposited Rs.1270/- on 30.5.2011 and Rs.420/- on 22.2.2012. The status of the meter is OK. The consumption of the complainant is also perfect as per his sanctioned load but the complainant has not been paying the energy bills regularly. So we find that amount demanded by the opposite parties is the unpaid energy charges of the complainant and as such find no merit in the present complaint the same is hereby dismissed with costs.
8. 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)
March 9, 2015 Member.
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