Complainant Ramesh through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the opposite parties be directed not to recover the amount of Rs.32,780/- from him raised vide bill dated 5.1.2014. Opposite parties are also directed to pay Rs.30,000/- as compensation for the mental agony, harassment and inconvenience suffered by him including litigation expenses all in the interest of justice.
2. The case of the complainant in brief is that he has got an electric connection in his house for domestic purpose bearing A/c No.G-62GF-432998N and as such he is consumer of the opposite parties and paying the bills regularly and nothing is due against him. Complainant has stated that he received the bill dated 5.1.2014 in which opposite party no.2 has demanded Rs.32,780/- from him out of which Rs.29,346/- as S.O.P. And E.D. which is illegal exorbitant and excessive and against the rules and regulations of the Corporation and he is not liable to pay the same to the opposite parties. Complainant has further stated that he is a scheduled caste and as per the govt. policy 200 units of electricity consumption is totally free per month and being a poor person he tried to consume the electricity within subsidy. He was surprised to see the bill dated 5.1.2014 in which illegal demand of Rs.32,780/- has been raised by the opposite parties. Complainant has also stated that he filed the complaint no.66 of 2014 in which he challenged the bill dated 5.1.2014 before this Ld.Forum which was decided vide order dated 20.10.2014. In this order Ld. Forum directed the opposite parties to give all the details to the complainant regarding the amount of Rs.32,780/- to be charged from him. Opposite parties was further directed to explain their rules and regulations under which they wants to effect the recovery of the same and also directed to give benefits of WSD if eligible. Complainant has stated that after receiving the copy of order the opposite parties have supplied the copy of procedure for getting free electricity for domestic connection and copy of notification regarding getting the electricity to the non SC and BPL and SC Domestic Consumer and also supply the detail of electricity consumer on the basis of meter reading. The detail which was supplied by the opposite parties it was mentioned that consumer consumed electricity of 4949 units in the month of 11/2013 but the same is illegal as complainant never used the electricity, it might be a fault of meter or meter reader. Complainant has next stated that code of the meter was OK. His average consumption was 100-200 units, so it is unable to understand how complainant used 4949 units in two months. It is pertinent to mention here that complainant has no objection if his meter checked in the ME Lab. Complainant has stated that opposite parties have failed to supply the rules and regulations that how they calculate the impugned amount. Complainant has next stated that no such complaint is pending nor decided by any competent court of law except the complaint no.66 of 2014, hence this complaint.
- Upon notice, the opposite parties appeared through their counsel and filed the written reply in which it is admitted that complainant is the consumer of the opposite parties. It was denied that complainant was paying the electricity bills regularly and nothing was due against him. It was stated that bill dated 5.1.2014 for Rs.32,780/- issued to the complainant is legal. It was stated that impugned bill dated 5.1.2014 was based on consumption charges from 20.6.2013 to 17.10.2013 for 4149 units of electricity after a concession of 800 units. Complainant was having his connection WSD (Weaker Section Domestic) category. It was pertinent to mention here that the bill for 4149 units (12071-7122-800) worked out Rs.30,120/- for four months. It was stated that complainant did not deposit this bill and a surcharge of Rs.2,665/- was also imposed and hence a sum of Rs.32,780/- was worked out. It was further stated that after 24.9.2013 complainant did not deposit any consumption bill with the opposite parties. It was also stated that previously complainant filed complaint no.66 of 2014 which was disposed of by this Ld. Forum with the directions to the opposite parties to give all the details to the complainant of the amount of Rs.32,780/- to be charged from him. Opposite parties were further directed to explain therein all the rules and instructions under which they wants effect the recover of the impugned amount and also directed to give benefit of WSD if found eligible. It was next stated that opposite parties have complied with the order passed by this Ld. Forum and necessary details/rules/instructions have been explained to the complainant. Copy of memo no.1914 dated 28.11.2014 was also issued to the complainant and the detail of electricity consumed in the month of 11/13 was legal. It was stated that complainant himself admitted that the compliance of the order of the Forum has been made by the opposite parties. All other averments made in the complaint have been denied. Lastly, opposite parties have prayed for dismissal of the complaint with special costs.
- Complainant tendered into evidence his own affidavit Ex.C1 along with documents Ex.C2 to Ex.C9 and closed the evidence.
- Counsel for the opposite parties tendered into evidence affidavit of Inderjit Singh Cheema S.D.O. Ex.OP-1 alongwith documents Ex.OP-2 to Ex.OP-4 and closed the evidence.
- 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. From the pleadings and evidence on record it is an admitted case of both the parties that the complainant is holder of one electric connection bearing account No.G-62GF-432998N and as such is a consumer of opposite party. The complainant has mainly challenged the bill dated 5.1.2014 for Rs.32,780/- on the ground of being it illegal, exorbitant, excessive and against the rules and regulation of PSPCL. The complainant is a S.C. Category consumer and as per Government policy 200 units is totally free per month and he being a poor person never consumed electricity more than subsidy given to him. It is further argued by the counsel that earlier also a complaint bearing No.66 of 2014 was filed and opposite party was directed to furnish details of the bills. The opposite party has furnished the details in which it is mentioned that the complainant has consumed 4949 units in the month of 11/2013 which is totally illegal and not acceptable.
8. On the other hand counsel for opposite party has contended that the impugned bill is legal and is on the basis of actual consumption of the complainant. A concession of 800 units was given to the complainant having his connection in WSD category. It was further submitted that after 24.9.2013 the complainant did not deposit any consumption charges/bill with opposite party. The opposite party has already complied with the orders passed by this Forum and necessary details/rules have been explained to the complainant.
9. From the entire above discussion we are of this considered view that there is no deficiency in service on the part of opposite party. The opposite parties have duly complied with the orders passed in the previous complaint filed by the complainant. However, opposite party has shown willingness to make him satisfied if the complainant contacts the opposite party in this regard. Hence finding no merit in this complaint the same is hereby dismissed. The complainant is at liberty to approach/contact the opposite party at its own level for further satisfaction of details given if he so desires and advised. No order as to costs.
10. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Naveen Puri)
President.
ANNOUNCED: (Jagdeep Kaur)
January 05, 2016 Member.
*MK*
