Complainant Ranvir 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  exclude  Rs.62,100/- as sundry charges in the bill in dispute and to receive the actual consumption charges and not to disconnect his electric connection. Opposite parties be also directed to pay Rs.10,000/- for mental agony, physical torture and financial loss caused by the opposite party to him alongwith Rs.5,000/- as 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.G 62 DF 382341 L in his name for Poultry Farm and he is doing this business for earning his livelihood at village Majra, Tehsil and District Pathankot. He has been paying the electricity bills regularly and nothing is outstanding against him and as such he is consumer of the opposite parties. His sanctioned and existing load is 1.29 K.W. Opposite parties issued a bill dated 22.7.2013 to him for Rs.64,030, in which  Rs.62,100/- has been charged as Sundry Charges without mentioning any reasons. In this bill 259 units has been shown and the status of the meter is O.  On receipt of this illegal bill in question, he approached the opposite party no.1 and requested him to exclude the amount of Sundry Charges from the bill and to explain reasons for adding such huge amount in the bill but the opposite party no.1 did not pay any heed to his request. 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 by taking the preliminary objections that the complainant has filed false and frivolous complaint with intention to harass the opposite parties; the complainant has concealed the material facts from this Hon’ble Court and has not approached this Hon’ble Forum with clean hands and the present complaint is not maintainable in the present Forum. On merits, it was submitted that the opposite party has released the new electric connection for Poultry Farm under NRS category on 20.06.2012 vide SCO No.174/63595 and same was sanctioned on 1.3.2012. The total length of the line for releasing the abovesaid connection was 445 meters. Whereas, as per the electricity supply code and related matters Clause No.9.1.1 the 100 meters length of line is exempted from charging the  variable charges. The rest length of line 445-100 = 345 meter was charged @ 180/- per mtrs as per commercial circular no.68/2008 dated 17.12.2008 which comes to Rs.62,100/-. The opposite party has send the notice no.989 dated 22.4.2013 for the recovery of Rs.62,100/-, but the complainant did not give any reply of the abovesaid notice to the opposite party, hence the abovesaid amount was added in the bill dated 22.7.2013, so the amount demanded by the opposite party from the complainant is legal and genuine. There is no deficiency in service on the part of the opposite party. All other averments made in the complaint have been vehemently denied and prayed for dismissal of the complaint with costs.

4.       Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1, copy of bill dated 22.7.2013 Ex.C2 and copy of receipt Ex.C3 and closed the evidence.  

5.       Counsel for the opposite parties tendered into evidence affidavit of Inderjit Singh S.D.O. PSPCL Ex.OP-1, alongwith other documents Ex.OP2 to Ex.OP7 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.       We find that the opposite party service providers have demanded Rs.62,100/- as the cost of additional cable measuring 345 meters being in excess of the 100 meters length duly exempted under Clause 9.1.1 and to be provided free of cost alongwith the electric connection to each consumer.  The deposit of cost of this additional length of the supply cable is duly authorized under Clause 9.1.1 of the ‘electricity supply code and related matters’ as prescribed by the opposite party Corporation’s Head Office. Thus, the demand of the opposite parties is justified and duly explained and has rendered the present complaint devoid of the necessary merit under the Act and relieves the opposite party of the allegation of deficiency in service.

8.       In the light of the all above, we find the present complaint as devoid of all merit and thus ORDER for its dismissal with however no order as to its costs.

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

January 23, 2015.                        Member                                     Member.

*MK*