Complainant Ranjit Singh 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 the impugned demand raised vide impugned notice bearing Memo No.422 dated 24.3.2015 and to set aside/quash the notice in question. Opposite parties be further directed to pay Rs.10,000/- as compensation for physical harassment and mental agony and litigation expenses, in the interest of justice.
2. The case of the complainant in brief is that he has got installed an electric connection bearing Account No.AT 74/1014 CS in his Poultry Farm having NRS Tariff. He was unemployed, having no source of income, as such he has opened a Poultry Farm for earning his livelihood by way of self-employment. He has deposited the entire previous bills of the electric connection in question and nothing is outstanding against him towards the electricity charges, which is wholly implicit from the receipts dated 13.10.2014 for Rs.4250/-, Rs.1323/- against bill of January 2015 which was paid on 30.3.2015 for the period from 23.12.2014 to 20.2.2015 and matter was amicably sort out as the opposite parties have demanded Rs.4250/- from him as total settlement which was paid by him. He has further pleaded that opposite parties have issued a false and bogus Memo No.422 dated 24.3.2015 for Rs.23,445/-. Thereafter, he approached the opposite parties no.4 and requested them to withdraw the impugned demand but they refused to admit his claim and started threatening to disconnect the electricity supply. Due to the illegal act and conduct of the opposite parties he has suffered great mental agony as well as physical harassment from the hands of the opposite parties. Thus, there is deficiency in service on the part of the opposite parties. Hence this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that the complainant has filed the false and frivolous complaint; the complainant has not approached this Forum with clean hand; the present complaint is not maintainable as the amount in dispute is the unpaid energy charges of the complainant. On merits, it was submitted that the complainant has applied for electric connection under the NRS category vide A & A form dated 29.8.2012 and the service connection order was issued by the opposite party on 29.8.2012 and the electric connection was installed in the premises of the complainant, but inadvertently no electric bill was issued by the respondents from 29.8.2012 to 8.9.2014, whenever it came to the knowledge of the opposite parties issued bill cum notice in the month of September 2014 for the recovery of Rs.21,535/-, but the complainant did not deposit single penny to the opposite party, hence opposite party issued memo no.422 dated 24.3.2015 for the recovery of Rs.21,535/- which were unpaid energy charges of the consumed electricity of complainant, hence the amount demanded by opposite party is legal and genuine. There is no deficiency in service on the part of the opposite parties. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Complainant tendered into evidence his own affidavit Ex.C1, alongwith other documents Ex.C2 to Ex.C5 and closed the evidence.
5. Sh.Kasturi Lal, S.D.O. PSPCL tendered into evidence his own affidavit Ex.OP-1, alongwith other documents Ex.OP2 to Ex.OP5 and closed the evidence.
- 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. As per the version of complainant, the complainant has deposited the entire previous bills/consumption charges of the electric connection in question and nothing is outstanding against the complainant towards the electricity charges whereas the opposite party has stated that the electric connection was installed in the premises of the complainant, but inadvertently no electric bill was issued by the opposite parties from 29.8.2012 to 8.9.2014, whenever it came to the knowledge of the opposite parties issued bill come notice in the month of September 2014 for the recovery of Rs.21535/- but the complainant did not deposit single penny to the opposite parties.
8. We have considered the rival contentions in the light of evidence on record. The opposite parties have stated that inadvertently no electric bill was issued by the opposite parties and main reason behind the non issuance of the electric bill to the complainant is the connection of complainant is situated in the farms of the complainant which is outside the village. But this plea of the opposite parties is not tenable as if the bill is not issued it is the duty of the opposite party to issue the bill and it is deficiency of service is on the part of the opposite parties. But on perusal of receipt/document Ex.C3, the complainant has deposited Rs.4250/- dated 13.10.2014 and also depositing the bills. Moreover, no detail of the amount claimed is mentioned and no period of alleged consumption was given. Moreover, ultimately the matter was amicably sought out as Rs.4250/- has been deposited by the complainant as it is totally clear from the receipt Ex.C3 which was issued by the opposite parties. So we are of the opinion that the opposite parties are not entitled to recover the amount from the complainant on the basis of memo No.422 dated 4.3.2015.
9. In the light of our above observation and findings, complaint filed by complainant is partly allowed and the impugned demand of the opposite parties of Rs.23,445/- is held illegal, null & void. The opposite parties are restrained to recover the aforesaid amount from the complainant. If the complainant has deposited any amount against this demand be adjusted in the future bills of the complainant. Compliance of the order be made within a period of 30 days from the receipt of copy of order.
10. Copy of the order be communicated to the parties free of charges. File is ordered to be consigned to the record room.
(Naveen Puri)
President
ANNOUNCED: (Jagdeep Kaur)
AUG. 19 2015. Member
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