Complainant Raman Sodhi through the present complaint filed under section 12 of the Consumer Protection Act, 1986 (for short 'the Act') has sought that the titled opposite parties be directed to set aside the impugned demand of his deceased mothers’ account balance outstanding and close the same besides to pay him a suitable compensation for having caused mental tension, harassment and financial loss along with any other relief as deemed fit and proper in the interest of justice.    

2.       The case of the complainant in brief is that his mother during her life time owned the electric connection # G43CF290570X and had been paying the consumption Bills regularly. The said account was duly applied for permanent disconnection but the OPs for reasons best known to them alone did not close the account and of late (remaining moot throughout) after a full 5 years of her mother’s death have demanded him to deposit the outstanding amount of Rs.98,230/- Apprehending, disconnection and further harassment at the hands of the opposite parties, the complainant has preferred the present complaint with the desired relief as prayed, hereinabove

3.       Upon notice, the Opposite Parties appeared through their counsel and filed the joint written version confirming the non-closure of the disputed account because of the pre-removed Meter and outstanding balance due in the same. Further, the electric energy has been utilized by the complainant hence he being liable to pay the outstanding amounts, the present complaint deserved dismissal with costs.

4.       Both the parties have produced/filed their respective affidavits and other related documents in evidence to support their pleadings/objections on record and the learned counsels for the litigants have duly put forth their respective arguments. We have carefully considered and perused all the available material while adjudicating the present complaint.

5.       We observe that the OP service providers were duly served upon with the application (amounting to Notice) for PDCO (permanent disconnection order) i.e., the Ex.C3 (duly received by the OP) pertaining to the A/c # CF29/570 by the Holder Kanta Devi (mother of the complainant) during her life-time and before her demise on 26.05.2009 as per the Death Certificate Ex.C8. A sum of Rs.30,000/- paid in settlement of the disputed account also stands proved vide Ex.C4, the Receipt dated 19.09.2012. Thereafter, the complainant got his own connection (in his name) w. e. f. 30.12.2011 as duly proved vide Ex.C7 i.e., Bill # 1000169396 of 24.06.2014. However, the complainant alleges that he was summoned in the OP’s office and verbally told to deposit the balance of Rs.98,230/- outstanding in his mothers’ account. Interestingly, the OP have produced the lone affidavit of its SDO Er Dilbagh Singh in its defense deposing therein that the complainant did come to the OP’s office with the A/c Disconnection application but the same could not be executed since the official deputed for the purpose reported the Meter as already ‘Removed’ from the Site. The affidavit is silent as to what happened next and how a fresh connection was issued in the complainant’s name, in the same premises and why the outstanding was left ‘unrecovered’ during the intervening period of 5 long years. Under the circumstances the OPs shall face ‘legal estoppels’ in its recovery exercise of the impugned demand (recovery) on account of its own acts and omissions as surfaced during the present proceedings of the ensuing complaint.

6.       In the light of the all above, we partly allow the present complaint and thus ORDER the titled opposite parties to finally close (under advice, in writing to the complainant) the impugned account of the deceased Kanta Devi with however the liberty to recover the outstanding balance amount through legal means in accordance with the procedure duly established by law besides to pay Rs.5,000/- as cost and compensation (for having caused harassment and inconvenience) to the complainant within 30 days of the receipt of the copy of these orders otherwise the complainant shall be at liberty to file its execution U/s 27 of the Act, for getting its compliance, duly effected.

7.           Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.

                                   (Naveen Puri)                                                                                 President

ANNOUNCED:                        (G.B.S.Bhullar)               (Jagdeep Kaur)

February 9, 2015.                              Member.                         Member.           

*MK*