Complainant Rachna has filed this complaint U/s 12 of the Consumer Protection Act of 1986 against the opposite parties praying that opposite parties be restrained from making any recovery of Rs.67,511/- and restoring the meter of complainant bearing A/c No.G-43CF-350944P. Complainant has further prayed that opposite parties be burdened with compensation to the tune of Rs.20,000/- on account of mental agony and harassment to her and Rs.10,000/- towards litigation expenses. Complainant has also prayed that any other relief may also be granted if she found entitled to.
2. The case of the complainant in brief is that she is law abiding citizen and is using the electric connection bearing No.G-43CF-350944P from very start and the same is in the name of her father-in-law whereas her husband used to work outside and she is paying the electricity charges as she is using the said domestic connection while living in the said premises and as such she falls under the definition of consumer as per Consumer Act. It was pleaded that complainant was paying regular charges to the opposite parties without any objections and generally complainant was getting electric bills in between Rs.500/-, Rs.600/- and she is poor person and have limited source to spent on any luxurious. It was further pleaded that complainant was shocked to receive the false bill dated 14.03.2017 amounting to Rs.67,511/- and after receiving the said bill complainant rushed to the office of the opposite party with request to correct the bill amount but the officials of the opposite parties were not ready to listen any request and disconnected her meter. Complainant also approached the higher officials of the PSPCL but they were also adamant towards their illegal demand of bill amount, hence this complaint.
3. Notice of the complaint was issued to opposite parties who appeared through their counsel and filed its written reply by taking the preliminary objections that complainant is not maintainable; complainant has not approached this Forum with clean hands and there is no deficiency in service on the part of the opposite party. On merits, it was stated that bill in question was genuine and according to the consumption of the electric units consumed by the complainant. All other averments made in the complaint have been denied and lastly prayed for dismissal of the complaint with cost.
4. Counsel for the complainant had tendered into evidence affidavit of complainant Ex.C1 and copy of bill dated 29.3.2017 Ex.C2 and closed the evidence of complainant.
5. Counsel for the opposite parties has tendered into evidence affidavit of Sh.Dilbagh Singh S.D.O. Ex.OP-2 along with copy of detail of meter reading Ex.OP-1 and closed the evidence.
6. We have duly heard the learned counsels for both the sides in the back drop of the legally applicable merit of the supporting evidence document(s) as produced by the litigating parties in order to statutorily resolve the inter-se dispute (in accordance with the provisions of the Consumer Protection Act’ 1986) prompting the present complaint. From the perusal of the file it transpired that complainant was using the domestic electric connection bearing No.G-43CF-350944P and was getting the bills in between Rs.500/-, Rs.600/- and paying the electricity charges regularly. It was pleaded by the complainant that she had received a bill dated 14.3.2017 amounting to Rs.67,511/- from the opposite parties which was illegal. To prove her version complainant has placed on file her own affidavit Ex.C1 and copy of bill dated 29.3.2017 Ex.C2. On the other hand counsel for the opposite parties has submitted that the bill in question issued to the complainant was genuine and as per the consumption of the complainant and also placed on file affidavit of Sh.Dilbagh Singh S.D.O. Ex.OP-2 and copy of detail of meter reading Ex.OP1. From the above versions of the complaint as well as reply we find that it is a fit case which can be disposed off by giving the directions to the parties. As such complainant is directed to approach the opposite parties after the receipt of copy of order. Opposite parties are also directed to send the detailed notice to the complainant by giving all the unitwise consumption details to the complainant within 30 days from the receipt of copy of order. Opposite parties are further directed to check the meter of the complainant in the M.E.Lab. in the presence of the complainant. Opposite parties are also directed to supply the copies of the M.E.Lab. report and detail of the due amount if any to the complainant. The entire exercise shall be completed within 45 days and till then recovery of the impugned amount shall remain stayed. Disposed off accordingly.
7. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.
(Naveen Puri)
President.
ANNOUNCED: (Jagdeep Kaur)
March. 26, 2018. Member
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