Complainant Parshotam Lal through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that an order may be passed to set aside the illegal demand of Rs.30860/- of the opposite parties. Complainant has further claimed Rs.10,000/- on account of mental agony, harassment and emotional distress suffered by him including Rs.10,000/- as litigation expenses for filing and pursuing the present complaint against the opposite parties. Complainant has also prayed that any other relief which this Hon’ble Forum deem fit may also be granted to the complainant, all in the interest of justice.
The case of the complainant in brief is that he had installed an electric meter in his house bearing A/c No.G-62CF-260994A for domestic purpose and was paying its electric charges regularly to the opposite parties without any default. It is pertinent to mention here that complainant was availing concessional scheme announced by the State Govt. It was pleaded that opposite parties have sent an electric bill to the complainant amounting to Rs.30860/- without any reason whereas complainant had paid all the dues on account of electricity charges and nothing was due against him. It was pleaded that complainant is a laborer and serving his family by doing hard labour and not in a position to fulfill the illegal demand of the opposite parties. It was further pleaded that complainant approached the opposite parties and requested them to rectify the bill amounting to Rs.30860/- but the opposite parties did not care about his request. Complainant had further requested them that he is availing the concessional scheme announced by the State Govt. upto 400 units but the opposite parties told him that he has to pay the bill first and they threatened him that they will disconnect his electric meter. Complainant under the fear of disconnection deposited the amount of Rs.10260/- out of total amount of Rs.30860/- with the opposite parties under protest. It was also pleaded that the officials of the opposite parties threatened the complainant if he fails to make the payment then his electricity meter will be disconnected. Complainant requested them to rectify the bill first and then he will pay the bill (if any) but the opposite parties refused to do so and now continuously threatened him that they will disconnect his meter. It was next pleaded that opposite parties have visited the house of the complainant to disconnect his electric meter without any intimation, hence this complaint.
Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply by taking the preliminary objections that complainant has filed the false and frivolous complaint. Complainant has not come to the Forum with clean hands and the present complaint is not maintainable being lack of ingredients. On merits, it was denied that complainant was paying the electricity bills without any default. It was stated that the amount demand of by the opposite parties was the unpaid energy charges of the complainant. It was further stated that complainant has consumed 4177 units from August 2014 to October 2014, so the opposite parties demanded the amount of Rs.30835/- as consumptions charges from him but he did not pay the bill of October, December 2014 and February 2015, so the unpaid energy charges of the complainant comes to Rs.30860/-. All other averments made in the complaint have been denied. Lastly, opposite parties have prayed for dismissal of the complaint with costs.
4. Complainant tendered into evidence his own affidavit Ex.CW1/A along with other documents Ex.C1 to Ex.C7 and closed the evidence.
5. Counsel for the opposite tendered into evidence affidavit of Sh.Inderjit Singh Cheema S.D.O. Ex.OP-1 and copy of consumption data Ex.OP-2 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. Complainant has argued that opposite parties have sent a electricity bill to the complainant for amounting to Rs.30860/- without any reason and nothing is due and payable towards the complainant against the electric charges. The complainant further stated that he is availing the concessional scheme announced by the State Govt. The complainant requested the opposite parties to rectify the bill first and then he will pay the bill. The opposite party was threatening to disconnect the electricity meter, the complainant, under the fear of disconnection, deposited an amount of Rs.10260/- out of total amount of Rs.30860/- with the opposite party under protest. The complainant prays for setting aside the illegal demand of Rs.30860/- alongwith compensation to the tune of Rs.20,000/- on account of mental agony, harassment to the complainant.
8. On the other hand the opposite party argued that the amount demanded by the opposite party is the unpaid energy charges of the complainant. The complainant did not pay the bill of October, December, 2014 and February, 2015. The amount demanded by the opposite parties vide bill in dispute is unpaid energy charges only.
9. We have considered the rival contentions in the light of evidence on record. As per document Ex.OP-2 there is normal consumption for the previous months that is consumption for the month of October, 2013 is 113 units, December, 2013 is 99 units, February, 2014 is 41 units, April, 2014 is 57 units, June, 2014 is Nil, August, 2014 is 461 units. But the consumption of October, 2014 is shown 4177 units which is very excessive. As no reason was assigned by the opposite parties for such higher reading. No explanation has been given regarding the concession given by government of Punjab to S.C. category consumers in the bill. Moreover, no record has been produced by the opposite parties that the complainant is a habitual defaulter and not paying the energy bill regularly.
10. By now, it has become settled proposition of law that the opposite parties are required to bring on record cogent and convincing evidence to prove its version but no such evidence has been placed on file by the opposite parties.
11. For the reasons record above, this complaint is partly allowed and the impugned demand of the opposite parties amounting to Rs.30860/- is held illegal, null and void. The opposite parties are restrained to recover the above said amount from the complainant. If complainant had paid any amount against this bill then it be refunded to the complainant within one month after the receipt of the copy of the order.
12. Copy of the order be communicated to the parties free of charges. File is ordered to be consigned to the record room.
(Naveen Puri)
President.
ANNOUNCED: (Jagdeep Kaur)
NOV. 20, 2015 Member.
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