Complainant Rakesh Kumar 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 withdraw their illegal demand of Rs.28,720/- raised in the impugned bill and benefit be given to him as per Scheme provided by the Punjab Govt. to Scheduled Caste consumer. Opposite parties be further directed to pay Rs.8,000/- on account of mental torture and physical harassment suffered by him from the hands of the opposite parties, in the interest of justice.
2. The case of the complainant in brief is that he has installed an electric connection in his house for domestic purpose bearing Account No.3000307919 on 16.1.2013. His sanctioned load is 0.833 KW. The impugned bill was issued on 5.6.2015 vide bill no.1000252708 for Rs.28,720/- for 4214 units of 30 months. Previously, the opposite party has not issued any bill and due to that higher tariff is imposed by the opposite parties. He belongs to Schedule Caste and falls under the weaker section of the society and as per Scheme provided by Punjab Govt. 200 units per month are confessional to him. Moreover, he while taking electricity connection fulfilled all the formalities for availing this facility and also supplied the Schedule Caste Certificate to the opposite parties. He has further pleaded that it was the duty of the opposite parties to issue the bill regularly and systematically either he has consumed any unit more than the sanctioned load or not. Even the bill challenged in the complaint is insufficient because he is entitled to consume 6000 units for 30 months while the opposite party has sent the impugned bill stating consumption of 4214 units for 30 months. Hence no due can be imposed upon him as per the rules and terms mentioned in the act. He approached the opposite parties time and again and requested by giving written letter dated 10.6.2015 to the opposite party no.4 to withdraw their illegal demand and for demanding the amount as per consumption, but they turned deaf ears towards his request and threatened him to recover the same under the threat of disconnection of electricity connection in case his non payment. He is a poor person and is a labourer, he is unable to pay such huge amount. The abovesaid illegal demand of the opposite parties is illegal, null and void and against principle of natural justice as such the same is liable to be set aside. Hence this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply submitting therein that the bill dated 5.6.2015 is legal and valid. It was wrong and specifically denied that the demand of Rs.28,720/- has been raised showing consumption of 4214 units of 30 months. The bill is very much clear and each and every detail has been duly given in the bill. The bill has been sent for 78 days and for the consumption of 2561 units and the status of the meter is OK. The old meter reading is 1653 and new meter reading is 4241. As such the bill of 2561 units has been raised and the amount come to be Rs.18,972/-. So the amount of Rs.18,972/- is regarding consumption of 78 days. Further in the bill the amount of Rs.9750/- under the heading of arrears has been shown. The said amount of Rs.9750/- is for the bill which is pending for the previous months and not paid by the complainant. Lastly prayed that the complaint is without any merits and the same be dismissed with costs.
4. Sh.Rakesh Kumar son of Sh.Sohan Lal tendered into evidence his own affidavit Ex.C1, alongwith other documents Ex.C2 to Ex.C4 and closed the evidence.
5. Sh.H.S.Gill, S.D.O. PSPCL tendered into evidence his own affidavit Ex.OP-1, alongwith other documents Ex.OP2 and Ex.OP3 and closed the evidence.
6. We have carefully gone through the pleadings of both 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.
7. From the pleadings and evidence on record we find that complainant has claimed himself to be entitled for the benefit of 200 units per month for being belonging to SC Category consumer as per Pb.Govt.Scheme.
8. On the other hand, opposite party has contended that as per their record no such concession is available to the complainant nor he has ever completed the formalities for getting concession of 200 units.
9. From the entire above discussion we are of this considered view that this complaint can be best disposed of by giving directions to the parties and hence we direct the complainant to approach the opposite party and complete the formalities for getting the concession of 200 units as per Govt. Scheme within 30 days from the receipt of copy of orders and opposite party is also directed to issue a detailed fresh notice to the complainant giving all the benefits/rebate as per S.C. Category Consumers in the bills within 30 days from the completion of formalities by the complainant.
10. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Naveen Puri)
President
Announced: (Jagdeep Kaur)
October,20 2015 Member
*MK*