Complainant Patras has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to rectify the bill in dispute and to receive the actual consumption charges from him and not to receive Rs.50,480/- as mentioned in bill in dispute. Opposite parties be further directed to pay Rs.10,000/- as compensation on account of mental agony, physical torture and financial loss caused by the opposite parties to him due to deficient service and unfair trade practice on the part of the opposite parties.
2. The case of the complainant in brief is that he got installed domestic electric connection bearing A/C No.G 47 PT 321404A in his name and has been paying all the electricity bills without any default and thus he is consumer of the opposite parties. His average bimonthly bill of this connection is about Rs.500/- to Rs.700/- and status of meter is “O”. Opposite parties issued a bill dated 22.5.2017 for Rs.50,480/- which is not legible and it is not clear that on what account huge amount has been added in the bill in dispute. The bill in dispute is totally illegal, null and void, highly excessive and exorbitant. He has further pleaded that on receipt of the illegal bill, he approached the opposite party no.3 and requested them to rectify the bill and to receive the actual consumption amount but opposite party no.3 refused to take any action into the matter, rather humiliated him in the presence of his employees and other persons. No notice before including such like huge amount in the bill was served by the opposite parties to him. Thus, the demand of the opposite parties without any checking and prior notice is illegal, against the rules and is liable to be withdrawn. He is poor person not in a position to pay such like huge money. Thus, there is clear cut deficiency in service on the part of the opposite parties. Hence, this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that the complainant has filed the false and frivolous complaint; the complainant has not approached this Forum with clean hands and concealed the material facts intentionally and deliberately and the present complaint is not maintainable as the dispute fallen under section 126 of Indian Electricity Act. On merits, it was admitted that account no.PT 32/1404 was sanctioned in the name of the complainant. It was submitted that the opposite parties checked the electric connection of the complainant. The sanctioned load of complainant is 0.40 kilowatt whereas during the checking it was found that the complainant was running the excess load i.e. 3.78 kilowatt, hence the opposite parties overhaul the account of complainant and charged the amount which is in dispute. The opposite parties prepared the checking report at the spot and one copy supplied to the complainant and after that sent the notice of recovery of disputed amount, but the complainant did not deposit the disputed amount hence, the opposite parties added the same in the bill in dispute. It was next submitted that actually, the opposite parties did not know the complainant personally and has no personal enmity with the complainant, so the question of adding the illegal amount in the account of complainant does not arise. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Ld.counsel for the complainant tendered into evidence, affidavit of complainant Ex.C-1 and closed the evidence.
5. Ld.counsel for the opposite parties tendered into evidence, affidavit of Sh.Gurnam Singh, SDO PSPCL Ex.OP-1 and closed the evidence.
6. Written arguments have been filed on behalf of both the parties.
7. We have carefully gone through the pleadings of counsels for the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.
8. As narrated above present complaint is filed by the complainant regarding receipt of excessive electricity bill dated 22.5.2017 amounting to Rs.50,480/- which is issued by opposite party. Complainant placed on record the said disputed bill which is not legible but it is the admitted fact by opposite party regarding charging of this amount in their written reply and written arguments.
Complainant further pleaded that normally average consumption of electricity is very less to the tune of Rs.500/- to Rs.700/-. He has placed some previous bills on record also.
9. Opposite party in their written reply and written arguments stated that sanctioned load of the complainant was 0.40 KW. The connection of the complainant has been checked by opposite party and load found to be 3.78 KW. Hence opposite party overhauled the account of the complainant and charged the amount in dispute. Opposite party also claimed that notice was issued to the complainant in this regard but opposite party neither placed on record copy of such notice nor it has been admitted by complainant regarding receipts of such notice. Moreover complainant also mentioned in para 5 of the complaint that this amount is charged without any checking and issue of notice. Opposite party has mentioned this case falls under Section 126 of IEA but surprisingly opposite party failed to prove this as no such evidence is placed on record. Merely increase of load cannot be considered under Section 126 of IEA. Further opposite party has not placed any document and copy of relevant instructions of department on record regarding charging of this disputed amount.
10. From the above details of the case, we are of the opinion that opposite party has failed to justify the amount of Rs.50,480/- charged in disputed bill dated 22.5.2017 of the complainant as following documents has not been placed on record as mentioned by opposite party in their reply even during the pendency of the case for more than five years.
a) Copy of checking report.
b) Copy of notice issued
c) Copy of Calculations sheet of amount charged.
d) Copy of relevant instructions of the department.
Hence charging of this disputed amount except current energy bill is illegal. Moreover, opposite party has not complied to Supply Code Regulation 30.1.2 regarding issue of separate notice for charges of arrears in case of under assessment or as a result of checking etc.
11. In view of the aforesaid discussion by considering the facts and circumstances of the case, present complaint is partly allowed and amount charged in dispute bill dated 22.5.2017 is hereby set aside except current electricity bill of energy consumption. Opposite party is directed to pay lumpsum amount of Rs.5,000/- for compensation and litigation expenses to the complainant.
12. 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.
13. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Naveen Puri)
President
Announced: (B.S.Matharu)
November 23, 2022 Member
*MK*