Roopy complainant 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.4660/- raised vide bill dated 21.11.2014 under the heading of ‘Arrears’. She has prayed that the demand of the opposite parties may kindly be quashed and further directed to pay Rs.100/- as compensation for the mental agony including litigation expenses etc., all in the interest of justice.
2. The case of the complainant in brief is that she has installed an electric meter in her house for domestic purpose bearing A/c No.GF-67/1194-Y and as such she is the consumer of the opposite parties. It was pleaded that complainant received all the bills which were deposited by her on proper date to date but all these bills received by her with unstable meter readings meanwhile the power load was less the 0.94 K.W. All these bills sent by the opposite parties to the complainant and the same were paid by her with payment of Rs.8000/- on 23.5.2014, Rs.19251/- on 11.8.2014. It was pleaded that average bill in which the consumption units were not used by the complainant but the opposite parties illegally claimed and demanded Rs.4660/- as arrears. It was further pleaded that complainant went to the office of opposite parties and deposited the last bill and requested them to withdraw the above said amount. She asked the opposite parties how the bill was made out against her but the opposite parties did not supply required information nor they give any satisfactory reply, threatened that they will disconnect her electric supply for non payment of alleged amount. It was also pleaded that complainant is a law abiding citizen and used the electric energy honestly and did not get same by using any unfair means. No checking was conducted by the opposite parties in the year 2014. It was next pleaded that opposite parties are bound to supply the statements of accounts and other information and documents on which the amount of Rs.4660/- as arrears was claimed. The above said demand of the opposite parties is illegal, null & void and liable to be set aside. It was pleaded that complainant requested the opposite parties to check the meter supply but they refused to do so, hence this complaint.
3. Upon notice, the opposite parties appeared through their counsel and filed the written reply stating therein that the complainant is the consumer of the department having electric connection bearing A/c No.GF-67/1194Y. It was stated that the bills have been issued to the complainant from time to time by the electricity department. It was stated that bill for Rs.22,570/- was issued to the complainant in May, 2014 by including the arrears of bills Rs.20,136/-. The next bill was issued in July, 2014 for Rs.26,819/- including the previous balance Rs.22,570/- alongwith current consumption charges but the complainant deposited only Rs.8000/- out of this amount of Rs.26,819/-. The remaining balance comes to Rs.19,231/- including Surcharge. The next bill was issued in September, 2014 for Rs.19,341/- by including the previous balance. But the complainant deposited Rs.19,251/- only. In November, 2014 the next bill was issued for Rs.5202/- including the previous balance. In January 2015 a bill for Rs.6312/- was issued including the amount of previous unpaid bill. The connection of the complainant was temporarily disconnected due to non-payment of the electricity bill. The connection was reconnected and a bill for Rs.4660/- was issued to her on average basis under C-Code. It was also stated that complainant did not make the payment of the above said amount. It was next stated that complainant has been making the payment of every bill late and she made the payment of the current consumption charges except Rs.4660/-. It was stated that there is no deficiency in service on their part and the demand of the amount of Rs.4660/- is not illegal, unnatural and not liable to be set aside. All other averments made in the complaint have been denied and lastly the complaint has been prayed to be dismissed in the interest of justice.
- Complainant tendered into evidence her own affidavit Ex.C1 alongwith other documents Ex.C2 to Ex.C14 and closed the evidence.
- Sh.Bua Singh S.D.O. has tendered into evidence his own affidavit Ex.OP-1 alongwith other documents Ex.OP-2 to Ex.OP-4 and closed the evidence.
6. 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 clear that the complainant being holder of electric connection bearing account no. GF-67/1194-Y is a consumer of the opposite parties. The complainant has mainly challenged the demand of Rs.4660/- made by the opposite parties. The case of the complainant is that as she has already made payments of Rs.8000/- on 23.5.2014 and Rs.19251/- on 11.8.2014 and there remained nothing to be paid on her part as such she is not liable to pay Rs.4660/- demanded as arrears.
8. On the other hand counsel for the opposite parties has contended that a bill for Rs.22,570/- was issued to the complainant in May, 2014 by including the arrears of bills Rs.20,136/-. The next bill was issued in July, 2014 for Rs.26,819/- including the previous balance Rs.22,570/- alongwith current consumption charges but the complainant deposited only Rs.8000/- out of this amount of Rs.26,819/-. The remaining balance comes to Rs.19,231/- including Surcharge. The next bill was issued in September, 2014 for Rs.19,341/- by including the previous balance. But the complainant deposited Rs.19,251/- only. In November, 2014 the next bill was issued for Rs.5202/- including the previous balance. In January 2015 a bill for Rs.6312/- was issued including the amount of previous unpaid bill. The connection of the complainant was temporarily disconnected due to non-payment of the electricity bill. The connection was reconnected and a bill for Rs.4660/- was issued to her on average basis under C-Code. We find that in September 2014 bill was issued for Rs.19,341/- by including the previous balance i.e. Rs.19,231/- and out of this the complainant if paid/deposited Rs.19,251/-only the balance remain Rs.90/- only. Then in November how come the bill was for Rs.5202/- and thereafter it became Rs.6312/- and so on and now a bill for Rs.4660/-. No detail of alleged bill as to what was the actual consumption consumed by the complainant is produced and proved. The alleged demand of Rs.4660/- is totally non-speaking one and as such is not sustainable. The opposite parties are bound to supply the statements of accounts and other information and documents on which they alleged arrears amounting to Rs.4660/-. The consumer has every right to know what she is paying and why she is paying. Moreover, we also find that no notice/supplementary notice was issued to the complainant before raising this demand and as such no opportunity of hearing was given to her.
9. From the entire above discussion we are of considered view that OP’s demand of Rs.4660/- is not legal and valid and hence we set aside the same. We further direct the opposite parties to refund the amount deposited if any during the pendency of this complaint within 30 days from the receipt of copy of orders failing which they will pay the aforesaid amount alongwith interest @ 9% P.A. from the expiry of 30 days.
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)
OCT. 08, 2015 Member.
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