Complainant Salwinder 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/set aside the illegal demand of Rs.3294/- raised in bill dated 15.9.2014. Opposite parties be also directed to pay compensation to the tune of Rs.10,000/- for physical harassment and to pay litigation expenses to him.
2. The case of the complainant in brief is that he is having domestic electric meter bearing Account No.G 31 CK6305324 in his name and has been paying the electricity bills regularly to the opposite parties, as such he is consumer of the opposite parties. The opposite party issued a bill dated 5.8.2014 for Rs.3030/- and after surcharge it was become Rs.3294/- for the period from 19.5.2014 to 24.7.2014 and the old reading was shown to be as 832 units whereas new reading was not shown there. The status of the meter was also shown as N code which means no reading was sought by the Meter Reader and he deposited Rs.3030/- vide receipt dated 22.8.2014. Opposite party has again issued bill dated 15.9.2014 for Rs.13,950/- and the said bill is pertaining to the period with effect from 19.5.2014 to 15.9.2014 and the old reading was shown to be as 832 units and new reading was shown as 2844 and on the bare perusal of the said bill, it has been presumed that the complainant has consumed Units as 2844-832= 2012. The bill is illegal, null and void as in the impugned bill the amount of Rs.3030/- has shown as previous arrears. He has already deposited the amount of Rs.3030/- for the period from 19.5.2014 to 24.7.2014 which is liable to be adjusted in the said bill. The impugned demand being levied upon him amounting to Rs.3294/- including surcharge is liable to be quashed. He has approached to the opposite party no.3 and requested them to withdraw the impugned demand raised in the impugned bill but the opposite party no.3 refused to admit his claim. 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 with the intention to harass the opposite parties; the complainant has not approached this Forum with clean hands and concealed the material facts intentionally and deliberately; the present complaint is not maintainable in the present form as the complainant has no cause of action to the file the present complaint; the complaint of the complainant is bad for non-joinder and mis-joinder of the necessary parties and the complainant is not fall under the definition of consumer and the complaint of the complainant is lack of ingredients. On merits, it was submitted that the opposite parties had sent the bill dated 5.8.2014 on average basis being ‘N’ code and demanded the amount of Rs.3030/-. The load of the complainant is 1.49 KW. The bill dated 15.9.2014 issued by the opposite parties to the complainant is totally legal and genuine and the allegations of the complainant for demanding the amount of Rs.2985/- as arrears of previous months are totally wrong whereas the opposite parties minus Rs.2985/- from the bill dated 15.9.2014. The amount demanded by the opposite parties is the consumption charges of the complainant. So the amount demanded by the opposite parties is legal and genuine. There is no deficiency in service on the part of the opposite parties. All other averments made in the complaint have been vehemently denied and controverted and prayed for dismissal of the complaint.
4. Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1, alongwith other documents Ex.C2 & Ex.C3 and closed the evidence.
5. Counsel for the opposite parties tendered into evidence affidavit of Sukhdev Raj S.D.O. PSPCL Ex.OP-1, alongwith other documents Ex.OP2 & Ex.OP3 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. From the pleadings and evidence on record, it is clear that the complainant is the holder of electricity connection bearing No.G 31 CK6305324 as such is the consumer of the opposite party. The complainant has mainly challenged the bill dated 15.9.2014 for Rs.3294/-which includes Rs.3030/-, which as per the version of the complainant he has already deposited vide receipt dated 22.8.2014. The impugned demand of Rs.3030/- being levied upon him again by the opposite party in bill dated 15.9.2014 is prayed to be quashed.
8. On the other hand, the opposite party has argued that the bill dated 15.9.2014 is legal and genuine and the opposite party has already given a debit negative entry of Rs.2985/- in the bill dated 15.9.2014 and as such there is no deficiency in service on their part.
9. From the entire above discussion we find that complainant is not made aware about the debit/negative entry of Rs.2985/- in the bill by the opposite party. The consumer has every right to know what he is paying and why he is paying for. We find that this is a fit case which can be decided by giving directions to the parties. Hence we direct the opposite party to provide all details of the bill dated 15.9.2014 and its debit/negative entry etc. to the complainant within a period of 15 days from the receipt of copy of order failing which they will pay Rs.1000/- as cost to the complainant.
10. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Naveen Puri)
President
Announced: (Jagdeep Kaur)
March,17 2015 Member
*MK*
