Complainant Rajinder Trehan through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has sought issuance of necessary directions to the titled opposite parties to set aside the bill in question and to pay Rs.1,00,000/- as compensation for harassment and mental agony and Rs.20,000/- as cost of litigation expenses.
2. The case of the complainant in brief is that Sh.Baldev Singh son of Sh.Labh Singh, resident of village Manwal Bagh, Shahpur Road, Pathankot was the owner of the house situated at Jail Road, Gurdaspur and the domestic electric connection bearing No. 30000157966 was installed in the said house. Sh.Baldev Singh sold the abovesaid house to Sh.Bawa Singh son of Boor Singh r/o village Purana Shalla vide sale deed dated 14.8.1991 for Rs.1,40,000/- with all rights and liabilities and delivered possession to him and Sh.Bawa Singh further sold this house to Sh.Rajinder Trehan vide sale deed dated 2.9.2014 and as such he is owner of the house in dispute. He has further pleaded that the meter is in the name of Sh.Baldev Singh and has not transferred as yet in the name of Sh.Rajinder Trehan. Baldev Singh had died since long and Rajinder Trehan has been paying the electricity bills to the opposite parties regularly and as such is the consumer of the opposite party. He has next pleaded that the old type meter was replaced by the opposite parties with Digital meter and the digital meter was faulty and its reading figure got upset and was not in order. He moved an application for replacing the meter and on his application, the meter was replaced and new meter was installed. In the Job Order dated 17.4.2014 the figures of the meter was not proper and new meter was replaced. The opposite party took the reading as consumption of 19363 units erroneously with N Code (meaning that reading not taken) of the replaced present meter and an amount of Rs.2,62,700/- has been added in the bill dated 29.1.2015 payable by 11/13-02-2015. The alleged bill dated 29.1.2015 showing the amount of Rs.2,62,700/- is illegal, null and void and he is not liable to pay the same. The opposite party has added Rs.2,22,874/- as previous balance and Rs.135/- arrears of previous financial year and also added Rs.39,688/- as current consumption charges for 5331 units which was for 55 days consumption and meter status showing I Code (inconstant Reading) i.e. showing meter figure was not working properly as per bill dated 29.1.2015. It is not understandable how the reading of 19363 has been taken or collected by the opposite party. He has further pleaded that bill dated 19.3.2014 for 155 days for Rs.61,180/- was issued to him for the period w.e.f. 19.9.2013 to 21.2.2014 which has been paid by him. Thereafter no regular bill was issued to him except the bill dated 29.1.2015 was issued by the opposite party to him. The bill dated 29.1.2015 showing the amount of Rs.2,62,700/- is illegal, null and void and has been illegally issued to him, as such the bill dated 29.1.2015 is liable to be set aside. He has also not been issued any notice regarding testing of the meter and has also not been called at the time of testing the meter in the Technical Lab. Even otherwise such consumption of 19363 units for the previous period cannot be imagined i.e. w.e.f. 02-2014 to 09.2014. By sending the alleged bill in question he has suffered mental and physical loss at the hands of the opposite parties. Hence this complaint.
3. Upon notice, the opposite parties appeared through their counsel and filed the written reply by taking the preliminary objections that complaint is not maintainable because the bill dated 29.12.2014 is quite correct and has been calculated and issued on the basis of consumption of 19362 units of electricity for the period of 213 days (7 months). The sanctioned load of the Meter is 9.540 K.W. the charges calculated as follows:-
SOP- Rs.1,34,626 + Rental- Rs.91 +ED-Rs.17501 + Octrai-Rs.2064 Total Rs.15428 +Octrai Arrears pre-fin. Years-Rs.257, + Misc.Arrears Curr.Fin.Year-Rs.220, Net account:0 Rs.1,34,626 + Rs.91 + Rs.17501 + Rs.2321 + 220 = Total amount 1,54,760/- payable by due date.
The complainant challenged the working of meter after receipt of bill dated 20.1.2015 by depositing Rs.135/- as challenge fee. And Meter No.298197 having capacity of 10.60 KW with reading 21364 units was removed and was packed in hand paper box on 18.11.2014 in the presence of Sh.Rajinder Trehan complainant who had given his consent to check the said Meter in M.E.Lab in his absence and in token of his consent he put his signature. The meter is O.K. hence directed to recover the amount according to the reading of Meter. On merits, it was admitted that bills are being paid by Sh.Rajinder Trehan complainant on behalf of actual connection holder because the connection in question is still coming in the name of Sh.Baldev Singh. It was also admitted that the reading of meter was taken as consumption of 19363 units and it was also admitted that the bill dated 29.1.2015 payable upto 11.2.2015 by cheque and cash and online upto 13.2.2015 for the amount of Rs.2,62,700/- inclusive of arrears of Rs.2,22,874/- (SOP-196576 + ED Rs.23216 + Octroi Rs.2742 + Misc. Charges Rs.340) and the amount of Rs.1,96,576/- plus other charges total of which comes to Rs.2,22,874/- for the period of 213 days (7 months). All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
- Complainant has tendered into evidence his own affidavit Ex.C1, along with other documents Ex.C2 to Ex.C7 and closed the evidence.
- Sh.Amardeep Singh S.D.O. of the opposite parties has tendered into evidence his own affidavit Ex.OP-1 and of Sh.Vijay Kumar J.E. Ex.OP6 along with other documents Ex.OP-2 to Ex.OP5 and Ex.OP7 and closed the evidence.
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. We find that the complainant Rajinder Trehan being the present owner/ last purchaser (Sale Deeds Ex.C5 & Ex.C6) of the Residential House housing the Power connection (in question) acquires the status of ‘beneficiary’ and thus that of ‘consumer’ of the OP Corporation under the Act. Further, the impugned Bill Ex.C2 dated 29.01.2015 for Rs.2,62,697/- is termed for a period of 55 days with current consumption charges of Rs.39,688/- and an arrear for current financial year for an amount of Rs.2,22,874/- and for previous financial years as: Rs.135/- only. It is not understood as to how the Bill of 29.01.2015 can hold an arrear of the hefty amount of Rs.2,22,874/- for the current year in the month of January, itself. All the more, when the other Bill dated 19.03.2014 Ex.C3 for Rs.61,180/- (for 155 days) stands duly paid vide the Receipt Ex.C4 dated 16.04.2014 for Rs.63,023/- (i.e., Rs.61,180/- plus late-pay fine etc). Again, the OP Corporation’s plea (deposed through Affidavit Ex.OP6) that the impugned Bill Ex.C2 is issued on the basis of the Bill Ex.OP5 dated 26.09.2014 for Rs.1,54,760/- plus late-pay fine of Rs. 13,471/- do not match/hold good compared against the arrears of Rs. 2,22,874/- as shown in the Bill Ex.C2. Moreover, the depositions of the Meter Testing Engineers have not been produced on records of the proceedings and in its absence requisite ‘authenticity’ cannot be awarded to the reports in question. Thus, we find the OP Corporation as guilty of ‘deficiency in service’ under the Act and thus hold them liable to an adverse award under the Act.
8. In the light of the all above, we partly allow the present complaint and ORDER the OP Corporation to set aside the alleged unexplained arrears of Rs.2,22,874/- from the impugned Consumption Bill Ex.C2 and OP’s are directed to charge electricity tariffs in future as per actual correct monthly/by-monthly reading basis. OP’s are further directed to refund the amount if any deposited during pendency of this complaint besides to pay Rs.3,000/- as compensation and Rs.2,000/- as cost of litigation to the complainant within 30 days of the receipt of the copy of these orders otherwise the aggregate awarded amount shall attract interest @ 9% PA from the date of filing of complaint till actual payment.
9. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.
Sd/-
President.
ANNOUNCED: (Jagdeep Kaur)
August 26, 2015 Member.
*MK*
