Complainant Sarabjit Singh through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the necessary directions may kindly be issued to the opposite parties to withdraw the bill dated 12.6.2015 amounting to Rs.29,400/- along with penalty which was illegal, null & void. He has further claimed Rs.30,000/- for harassment, mental agony and Rs.10,000/- for deficiency in service and also Rs.10,000/- as litigation expenses all in the interest of justice.
2. The case of the complainant in brief is that he is having the electricity connection bearing No.G-33SP-901003A which was previously in the name of Joginder Singh who was the owner of the Atta Chakki and the same was purchased by the complainant in which the above said connection was installed. It was pleaded that the said connection is Small Power (SP) connection and the complainant was using the same for his household business i.e. Atta Chakki for earning his livelihood by means of self employment and was regularly paying its bills to the opposite parties and as such he is the consumer of the opposite parties. It was pleaded that the load of connection in question was 7.62 K.W. and complainant was never indulged in any illegal activities and is a law abiding citizen. It was further pleaded that complainant received a bill dated 12.6.2015 in which the opposite parties demanded the amount of Rs.26038/- as sundry charges without any prior notice and the same was issued on average basis. Opposite parties had wrongly issued bill amounting to Rs.29400/-. It was pleaded that complainant never consumed too much electricity and previously the average bill of the complainant was Rs.2000/- to Rs.3000/- and he was surprised to see the bill in dispute. It was also pleaded that complainant wants to know about the amount in question which was raised by the opposite parties in disputed bill but they failed to explain as to how the average has been taken. It was pleaded that bill dated 12.6.2015 was illegal, null and void and complainant also made complaint dated 20.7.2015, 6.8.2015 to Additional Supdtt. Engineer, Operation Division Dhariwal and also moved application for taking permission to deposit the bill amount of Rs.3889/- dated 22.7.2015 to SDO PSPCL Jaura Chhattran but in vain. It was also pleaded that complainant was surprised when opposite party sent the huge bill dated 12.6.2015 without giving any notice or information and the same was illegal, null and void and opposite party has no right to recover the above said amount from the complainant. It was next pleaded that complainant even deposited an amount of Rs.10,000/-in part out of the disputed amount. The opposite party also got his signature on the blank paper and used the same for issuance of the disputed bill. It was pleaded that meter in question was neither tempered nor its seal was broken. The cause of action arose when the complainant requested the opposite party to withdraw the illegal bill dated 6.8.2015 but they did not take any action and again sent the huge bill on 14.8.2015 amounting to Rs.27530/-, hence this complaint.
3. Upon notice, the opposite parties have appeared through their counsel and filed the written reply by taking the preliminary objections that the complainant had filed the false and frivolous complaint with the intention to take undue advantage of the process of law, complainant has not approached this Forum with clean hands and has concealed the material facts intentionally and deliberately, complainant is not the consumer of the opposite parties and complaint of the complainant is not maintainable in the present form being commercial connection. On merits, it was stated that the account no.SP-90/1003 was sanctioned in the name of Joginder Singh under SP category. It was stated that the electric meter bearing account No.SP-90/1003 was changed on 17.12.2014 vide MCO No.176/36 by Sh.Ram Darshan Junior Engineer at the reading of 48743 and the consent was also obtained for checking the meter in the M.E.Lab. in the absence of the complainant. The meter of the complainant was sent to the M.E.Lab. vide challan No.3 dated 15.5.2015 and during the checking it was found that the seals of the meter were OK but the red and yellow phase was found dead so the M.E.Lab. was directed to charge the double amount of the consumption on the last one year. It was further stated in the year December, 2013 the reading of the meter was 44992 and in the month of December, 2014, it was 48,743 and in this way complainant consumed 3746 units and the opposite parties demanded the amount of Rs.21914/- as SOP and Rs.2873/- as electricity duty and Rs.187/- as ‘FS’ @ Rs.5.85/- per unit, which total comes to Rs.24974/-. It was also stated that the opposite parties had sent the notice no.785/- dated 11.6.2015 for recovery of Rs.24,974/- but complainant did not pay the single penny till today so the amount demanded by the opposite parties was legal and genuine and there was no deficiency in service on the part of the opposite parties. It was denied that the opposite parties got the signatures of the complainant on blank papers. All other averments made in the complaint have been denied. Lastly, opposite parties have prayed for dismissal of the complaint with costs.
- Counsel for the complainant tendered into evidence affidavit of complaint Ex.C1 along with documents Ex.C2 to Ex.C8 and closed the evidence on behalf of complainant.
- Sh.Kasturi Lal S.D.O. tendered into evidence his own affidavit Ex.OP-1 along with documents Ex.OP-2 to Ex.OP-5 and closed the evidence on behalf of opposite parties.
6. We have examined all the documents/evidence produced on record and have also duly considered and perused the arguments duly put forth by the learned counsels for both the sides, while adjudicating the present complaint. We find that the present complaint has prompted on account of the alleged raising of the consumption Bill dated 12.06.2015 for Rs.29,400/- on average basis that however the complainant has not produced on the records. On the other hand the OP service providers have duly deposed that the Electric Meter was found defective when tested in the ME Lab vide challan no.03 of 15.05.2015 and thus the difference of Rs.24,974/- was righteously demanded (as per the applicable electricity supply rules) through notice no.785 dated 11.06.2015 that the complainant was liable to pay. We find that the complainant could not support his rebuttal through some cogent evidence whereas the OP Corporation has duly produced the MCO Ex.OP2, consent letter Ex.OP3; Meter testing report Ex.OP4, Calculation sheet Ex.OP5 etc proving the ‘genuineness’ of the impugned Bill as per the electricity supply rules.
7. In the light of the all above, we find the present complaint as devoid of all merit under the CP Act’ 1986 and thus ORDER for its dismissal with however no order as to its costs.
8. 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)
JAN. 22, 2016 Member.
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