Complainant Pawan Kumar through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the bill dated 31.7.2015 amounting to Rs.10,915/- issued to him be declared illegal, incorrect, null and void and be quashed. Opposite parties be permanently restrained from recovering Rs.10,915/- from him and opposite parties be also directed to rectify the bill and a compensation of Rs.10,000/- and cost of Rs.5000/- be also awarded to him for causing mental harassment, agony and inconvenience in the ends of justice and fair play.
2. The case of the complainant in brief is that he is the holder of domestic electricity connection bearing No.G-31KL-820203M which was installed in his house many years back. It was pleaded that the above said electricity connection was in the name of his father Sh.Munshi Ram in the joint residential house who had died many years back. Complainant stepped into the shoe of his father and paying the electricity bill regularly to the opposite party and nothing was due towards him. It was further pleaded that the last bill dated 17.6.2015 amounting to Rs.779/- was paid to the opposite party in time. It was also pleaded that opposite party issued an inflated bill dated 31.7.2015 to the complainant in which they have demanded Rs.10,915/- which was payable on or before 17.8.2015. It was next pleaded that demand of Rs.10,915/- made by the opposite party through bill dated 31.7.2015 is wrong, illegal, null & void and liable to be quashed. It was pleaded that complainant approached the opposite party no.1 and requested them to rectify the impugned bill but they refused to rectify the same. It was further pleaded that complainant is a poor person and is unable to pay the amount in question demanded by the opposite party. It was next pleaded that there amounts to deficiency in service on the part of the opposite party, hence this complaint.
3. Upon notice, the opposite parties have appeared through their counsel and filed the written reply by taking the preliminary objection that the complainant has not been charged anything else than consumption charges and hence present complaint is not maintainable. On merits, it was submitted that the electricity connection bearing No.G-31KL-820203M was in the name of Munshi Ram and complainant had not moved any application for transfer the said connection in his name. It was submitted that the bill issued to the complainant was legal and not an inflated one. It was further submitted that meter of the complainant was defective and the same was changed. It was submitted that the meter of the complainant was defective and the bill was charged on average basis of 302 units whereas his actual consumption was 1158 units. It was also submitted that at the time of removing the meter the previous reading was 670 units and after completing the circle it was 9990 and in this way the consumption was worked out of 680 units. It was next submitted that initially reading of new meter was 1 and its reading was 480 when the meter reader recorded the reading and in this way the consumption was worked out of 479 units. From the above consumption of 1159 units (680 + 479) was worked out whereas the complainant was charged only for 302 units but complainant was required to be charged for remaining 857 units (1159-302) of electricity for which a sum of Rs.6203/- was worked out which was shown in the impugned bill dated 31.7.2015. It was submitted that amount charged from the complainant is legal and question of withdrawing the same does not arise at all. All other averments made in the complaint have been denied. Lastly, opposite parties have prayed for dismissal of the complaint with special costs.
- Counsel for the complainant tendered into evidence affidavit of complaint Ex.C1 along with documents Ex.C2 and Ex.C3 and closed the evidence on behalf of complainant.
- Counsel for the opposite parties tendered into evidence affidavit of Er.Sukhdev Raj S.D.O. Ex.OP-1 and copy of bill ledger Ex.OP-2 and closed the evidence on behalf of opposite parties.
- 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 we find that the present complainant being beneficiary of electric connection in the name of his deceased father is a consumer of the opposite parties. The complainant has mainly challenged the bill dated 31.7.2015 for Rs.10,915/- being wrong, illegal and unlawful and is excessive one as there were no arrears of bill and even the last bill dated 17.6.2015 for Rs.779/- was also paid to the opposite parties in time.
8. On the other hand opposite parties have contented that amount claimed is the actual consumption charges only and it is the difference of units of electric energy on the basis of average consumption and actual consumption of the complainant. Bill was on average of 302 units whereas the actual consumption of the complainant was 1158 units.
9. From the entire above discussion we find that opposite parties have failed to justify the impugned demand raised by the bill dated 31.7.2015. No time period is mentioned in the reply as to from which particulars time period opposite parties started raising demand on the basis of average consumption and further there is no record as to for how many days meter of the complainant remained defective. It is the duty of opposite parties to install correct electric meter at the premises of the complainant so that average bills can be avoided and regular consumption can be recorded. Consumer has every right to know what he is paying and why he is paying. The pleas taken by the opposite parties in this written reply are just bold assertions and without any documentary proof. In view of this we find merit in this complaint and hence we partly allow this complaint and set-aside the impugned demand raised vide bill dated 31.7.2015 and opposite parties are directed to refund the amount deposited by the complainant besides this opposite parties are also directed to pay Rs.3000/- in lump sum as compensation and litigation charges within 30 days from the receipt of copy of order failing which they will pay whole awarded amount alongwith interest @ 9% per annum from the date of orders till actual payment.
10. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
