Complainant Raj Kumar has filed the present complaint against the opposite parties U/S 35 of the Consumer Protection Act, seeking necessary directions to the opposite parties to correct the electricity bills of the complainant and to settle the account of the complainant and amount received by the Op’s from the complainant may be adjusted and restraining the Op’s from recovering bill and restraining the Op’s from disconnecting the electric connection of the complainant and Op’s may further be directed to receive actual usual normal consumption charges from the complainant and Op’s may further also be burdened with compensation of Rs.50,000/- on account of Physical harassment, Mental agony and causing financial loss to complainant and further also forced litigation expenses to the tune of Rs. 25,000/- in the interest of justice.

2.       The case of the complainant in brief is that he is owner of the shop in his above mentioned village and running a tea stall having one Fan and Bulb in his shop and the opposite parties had installed an electric meter vide A/c No. 3000315297 having sanctioned load of 0.200 KW and he was paying electricity bills regularly and Bimonthly electricity bills were between Rs.250/- to Rs. 350/- on an average. It was alleged that the opposite parties are issuing irregular illegal, vague uncalled electricity huge bills without following instructions, rules & regulations and during period Feb, 2018 he received bill of Rs.18,891/- and he approached opposite parties office and requested to correct the bill and remove error in bill and the opposite parties assured to correct the error, but delayed the matter and later on disconnected the electricity supply of his tea shop and was forced him to deposit the amount of Rs.18,891/- and after that bill was paid by him under protest. It was further alleged that subsequently he received one or two proper bills for the period 6 and 8/2018 for Rs.840/- but again he was shocked to receive huge bill of Rs.51,630/-  bill during period of 10/2018 and again he approached the opposite parties and asked to remove the error in his bill and issue correct bill and he was not liable to pay the bill but Op’s did not made any effort to correct the bill. It is further alleged that he approached the office of the ME Lab, Gurdaspur who pointed out the defect/ error & had issued letter Memo No.1039 dated 14.10.2020 and such conveyed the error regarding initial reading of meter so installed on 10.04.2018 was 3014 instead of 304 being recorded by the opposite parties office and the opposite parties still kept the matter pending on their own accord, thus kept on harassing the complainant with exorbitantly huge bills. It is further alleged that now again during the period of Feb/2021 i.e. bill of 22.02.2021 issued for Rs.19,145/- is also not as per his consumption or usual regular bills pattern as he used to receive. It is further alleged that opposite parties demand made in the electricity bills from the complainant is illegal, null & void, against the provisions law of instructions as he is not liable to pay the same .Thus, there is deficiency in service on the part of the opposite parties. Hence, this complaint.

3.       Opposite parties did not appear despite the service of notice and were proceeded against exparte wide order date 18.10.2021.

4.       Ld. counsel for the complainant has tendered into evidence affidavit of complainant Ex.C-1 alongwith other documents Ex.C-2 to Ex.C-7.

5.       Rejoinder not filed by the complainant.

6.       We have heard the Ld. counsel for the complainant in detail as opposite parties were proceeded against exparte and gone through the pleadings of counsel for the complainant and evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.

7.       The present complaint was filed by the complainant regarding receipt of excessive electricity bills issued by opposite parties against this electric connection installed in his small shop bearing A/c No.3000315297 and sanctioned load of 0.2 KW. The complainant is running a tea stall in that shop. It has been alleged by the complainant that opposite parties have issued a electricity bill of Rs.18,891/- in 2/2018 which was deposited by him under forced circumstances just to avoid disconnection. It was further alleged that again in 10/2018 a bill amounting Rs.51,630/- as Ex.C3 was received by him and department has not taken any action on his request to correct that bill. Further, it was pointed out that in Feb. 2021 a electricity bill as Ex.C4 to the tune of Rs.19,145/- was received which is not as per actual consumption as used to receive normally.

8.       From the details of the case it is seen that the electric connection in question is installed in the small shop having sanctioned load of 0.2 KW only and the complainant is running a tea shop for his livelihood. We are of the view that such a high consumption of electricity as per electricity bills issued in 2/2018 for 18,891/- in 10/2018 for Rs.51,630/- and further for Rs.19,145/- in 2/2021 does not seem to be justified at all against the load of 0.2 KW.

9.       As this complaint was filed by the complainant in 3/2021 and two electricity bills are related to 02/2018 and 10/2018 so, these bills cannot be considered as the period become beyond two years. However, the latest bill issued in 02/2021 amounting to Rs.19,145/- can only be considered for adjudication.

10.     From the evidential part, it is proved that the complainant time and again approached opposite parties for removal of his grievance but was unnecessarily harassed by them which amounts to deficiency in service on their part. The opposite parties did not bother to appear in the Commission and prefer to proceed exparte vide order dated 18.10.2021 and also failed to satisfy the complainant and also did not care to contest the claim of the complainant and rebut the evidence led by him as aforesaid and as such it can be concluded without any hesitation that either opposite parties admit the claim of the complainant or has nothing to say in the matter. In this way, the evidence led by the complainant goes unrebutted and unassailed.

11.     From the above detailed facts of the case we are of the considered opinion that electricity bill dated 22.02.2021 amounting to Rs.19,145/- is not justified.

12.     In view of the above said discussion, considering the facts of the case, the present complaint is hereby partly allowed and the electricity bill (Ex.C4) dated 22/02/2021 amounting to Rs.19,145/- is hereby set aside. Beside this, opposite parties are hereby ordered to pay Rs.2,000/- in lump sum as compensation and litigation expenses to the complainant within 30 from the receipt of copy of this order.

13.     Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                                     

    (Lalit Mohan Dogra)

                                                                             President.   

Announced:                                               (B.S.Matharu)

July 25, 2023                                                       Member

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