Rattan Singh complainant has filed this complaint U/s 12 of the Consumer Protection Act of 1986 against the opposite parties praying that his complaint may be allowed and the opposite party may be directed to reinstall the electricity meter no.G-31CF-222422W in his aforesaid portion/premises without making illegal and unjust demand of Rs.90,000/-.  Complainant has further prayed that the opposite parties may also be burdened Rs.50,000/- on account of mental torture and physical harassment suffered by him from the hands of the opposite parties, in the interest of justice and fair play.

2.       The case of the complainant in brief is that he is a senior citizen having aged about 73 years and also having double storey building at G.T.Road, Rania C/o Canara Bank, P.O. Dhariwal District Gurdaspur. It was pleaded that the ground floor of the said building is given to the above stated Bank and it has own separate electricity connection whereas the first floor of the said building was rented out to the tenants by the complainant for domestic purpose and in the said portion there was an domestic electricity connection bearing No.G-31CF-222422W in the name of the complainant which was installed in the year August, 2013 by the opposite parties and since the date of its installation, complainant had been paying the bills regularly without making any default. It was further pleaded that the last bill sent by the opposite parties on 23.04.2016 which was payable for the period of 24.02.2016 to 23.04.2016 amounting to Rs.19,260/- and the same was duly paid by the complainant on 04.05.2016 and on the same day a written representation given by the complainant to the opposite parties for disconnecting the above said electricity connection as the tenants had vacated the premises in question which was rented out to them by the complainant and lying vacant since then and there was no need of said electricity connection and there was no outstanding against the complainant and on the request of the complainant the above said electricity connection was disconnected by the opposite parties and took the meter alongwith them. It was also pleaded that now complainant is in need of aforesaid domestic connection in the said portion/premises and he approached the office of opposite party No.1 with the request to reinstall the electricity connection in question for his own use and residential purpose but the officials of the opposite parties told the complainant that there is outstanding amount of Rs.90,000/- against his complaint and firstly he will have to deposit the said amount in their office then the electricity connection will be reinstalled. It was next pleaded that at the times of closing account/disconnecting the meter clearance was given by the opposite parties that there was nothing due towards the complainant and whenever, complainant wish to reinstall the connection the same will be reinstalled in his premises without any charges and further assured that if any amount will be accrued the same will be adjusted in the security amount which was already paid to the opposite parties at the time of taking the electricity connection but now sudden and abrupt demand of Rs.90,000/- is illegal, null & void and not binding upon the complainant but the opposite parties did not disclose any reason  and said that if complainant not deposited the amount of Rs.90,000/- the connection will not be reinstalled in his premises which is clear cut deficiency in services on the part of the opposite parties, hence this complaint.

3.       Notice of the complaint was issued to opposite parties who appeared through their counsel and filed its written reply by taking the preliminary objection that complaint as framed is not maintainable as complainant has come to the Forum with soiled hands and have suppressed the true and material facts from this Ld. Forum and as such complainant is not entitled for any relief from this Ld. Forum as prayed for. That complainant has got no locus standi to file present false and frivolous complaint as he is not the consumer of the opposite parties. That complainant has filed false and frivolous complaint against the opposite parties only to harass and victimize the opposite parties and to drag them into unwanted litigation and as such opposite parties claimed special costs from the complainant. On merits, it was stated that the electricity connection had been disconnected on the application of the complainant and as per his wishes and desires. It was further stated that at the time of removal of the electric meter complainant has paid bill uptil 4800 units of reading but after the checking of the meter in the M.E.Lab. it was found that the consumption consumed by the complainant was upto 13325 units and out of it bill regarding 4800 units had been paid and electricity charges and other allied charges on it of 8525 units was recoverable from the complainant and said demand raised by the opposite parties is correct and legal one and opposite parties are bound to make the payment of the demand of the opposite parties and afterward opposite parties ready to install the electric meter in the house of the complainant. All other averments made in the complaint have been denied and lastly prayed for dismissal of the complaint with costs.     

4.      Complainant had tendered into evidence his own affidavit Ex.C-1 along with documents Ex.C2 to Ex.C4 and closed his evidence.

5.       Counsel for the opposite parties had tendered into evidence affidavit of Sh.Subash Chander S.D.O. Ex.OP-1 and closed the evidence on behalf of opposite parties.

6.       We have duly heard the learned counsels for both the sides in the back drop of the legally applicable merit of the supporting evidence/document(s) as produced by the litigating parties in order to statutorily resolve the inter-se dispute (in accordance with the provisions of the Consumer Protection Act’ 1986) prompting the present complaint. We observe that the complainant had owned one double storey building at G T Road, Rania (Dhaliwal) housing the local Canara Bank Branch as its tenant on the ground floor since long whereas the upper floor stood rented out to another tenant for dwelling purposes and in which portion the Domestic Supply electricity connection # G31CF222422W was installed since August’ 2013, in the name of the owner complainant who has been since duly/regularly paying all the raised upon consumption charges/bills including that dated 23.04.2016 for Rs.19,260/- paid on 04.05.2016; when the complainant did surrender his above connection temporarily but on revival basis as and when requisite again, in future. However, presently the OP Corporation did demand Rs.90,000/- as charges payable first in order to get restored his own-surrendered DS connection, on the house’s upper floor and has thus prompted the present complaint.

7.       The complainant reported the matter to the related SDO about the unfair unusual demand for restoration of the surrendered connection but no respite appeared in sight. The evidentiary affidavit along with the affidavit (Ex.C1) and other documents (Ex.C2 to Ex.C4) as produced by the complainant satisfactorily and sufficiently prove the complaint-contented therein raised allegations.

8.       However, upon appearance, the OP service providers have somehow, deposed (Affidavit Ex.OP1) that the Meter upon Lab Testing was found to have clocked 13325 units with 8525 units still left unpaid and the left-out amount of unpaid units is presently being recovered vide the Bill/Demand raised/charged for the unpaid consumption. We are certainly not convinced as to how the non-defective Meter was not first charged for the correct reading display as was read out for the correct consumption and was subsequently subjected to billing etc. Even if it had been so, the demand/bill could have been raised at the time of surrender of connection and not at the time of restoration of the same. Further, we are of the considered opinion that the opposite party service providers/corporation have acted in an arbitrary and unauthorized illegal manner in the present case and thus the present complainant shall not be liable to pay the same as his actual consumption. Somehow, we find that the impugned demands as put forth upon the complainant for payment of the levied charges by the opposite party corporation has not been a matter of routine and also not in accordance with the legally accrued amounts as per their own Sales & Distribution of Electricity Rules & Regulations and the details were neither detailed out in the impugned Demand nor any pre-notice was served, as requisite.

9.       In the light of the all above, we partly allow the present complaint and ORDER the opposite party SDO to reinstall the electricity meter and set-aside the impugned Demand (in question) besides to pay him an aggregate amount of Rs.5,000/- as cost and compensation (for the harassment and financial expense caused by the instant forced upon litigation) but within a period of 30 days of the receipt of the copy of these orders otherwise the aggregately awarded amount shall attract interest @ 9% PA from the date of the orders till actually paid. In the meantime, the complainant shall however remain liable to pay all his current and future consumption charges for his actual consumption on regular basis. 

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

                             (Naveen Puri)

                                                                                               President.

ANNOUNCED:                                                            (Jagdeep Kaur)

JUN. 01, 2018.                                                                       Member               

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