Complainant Satpal through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has sought issuance of necessary directions to the titled opposite parties to withdraw their illegal demand of Rs.9980/- alongwith surcharge Rs.840/- raised vide bill dated 20.8.2014. He has also claimed Rs.1000/- per month as litigation alongwith Rs.50000/- as compensation for the mental agony, harassment and inconvenience suffered by him all in the interest of justice.
2. The case of the complainant in brief is that he is the consumer of the opposite parties as he has taken an electric connection bearing A/C No.G-31CF-221920W form the opposite parties in his house for domestic purpose. The complainant along with his family is living in the said house and his load was only .90 K.W. It was stated that opposite parties have issued a bill dated 20.8.2014 to the complainant in which they have demanded Rs.9,980/- alongwith surcharge Rs.840/- from the complainant while showing the consumption of 350 units and last date for depositing the said bill amount was 5.9.2014. Complainant approached the opposite parties and enquired about the matter but of no avail. The fact of the matter is that complainant is a poor person and was not in a position to pay the such like huge amount. It was further stated that the monthly income of the complainant is only to Rs.1500/- per month. It is worth mentioning here that 200 units for every month are free to complainant as per Punjab Govt. Scheme as he belongs to Scheduled Caste. It was also stated that before issuance of the impugned bill opposite parties have sent four electricity consumption bills which come in minus reading by showing the consumption of Zero (o) units. It was stated that complainant requested the opposite parties to withdraw their illegal demand but they refused to do so and threatened the complainant that they will disconnect his electric connection if he will not pay the said amount. It was also stated that demanded raised by the opposite parties from the complainant is illegal, null & void and not binding upon the complainant, hence this complaint.
3. Upon notice, the opposite parties appeared through their counsel and filed the written reply stating therein that load of the complainant was 1.730 K.W. and he reduced the same to .90 K.W. but actually he did not reduce the same and load was found as 1.730 K.W.. It was stated that complainant wants to get concession under weaker section category but the existing load does not fall under the said category. It was further stated that as per commercial circular No.7/2012 of the opposite parties concession is not admissible to those consumers who reduced their load from more than 1 K.W. to less than 1 K.W. In the present case complainant has got reduced his load from 1.730 K.W. to 0.90 K.W. as such concession is not admissible to the complainant. It was admitted that opposite parties have issued a bill dated 20.8.2014 amounting to Rs.9980/- alongwith surcharge of Rs.840/- to the complainant. It is worth mentioning here that when complainant reduced his load then he fall under the category of weaker section and accordingly units consumed by the complainant were exempted. All other averments made in the complaint have been denied and lastly the complaint has been prayed to dismiss with costs.
- Counsel for the complainant tendered into evidence affidavit of the complainant Ex.C1 alongwith other documents Ex.C2 to Ex.C7 and closed the evidence.
- Concerned S.D.O. of the opposite parties has tendered into evidence his own affidavit Ex.OP-1 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 is the holder of electricity connection bearing No.G-31CF-221920W and as such is a consumer of the opposite parties. The complainant has challenged the bill dated 20.8.2014 issued by the opposite parties asking him to pay Rs.9980/-. The complainant has submitted that he is a poor person and earning Rs.1500/- per month and as such is not in condition to pay such huge amount of bill. The complainant further argued that he belongs to the S.C. Category and as such is entitled to free electricity upto 200 units every month. It is further the case of the complainant that earlier to this bill dated 20.8.2014 the opposite parties sent four bills which were in negative reading and were showing consumption as Zero units. The impugned bill being a huge amount for him as such he is not in a position to pay the same.
8. On the other hand counsel for the opposite parties has argued that as per the commercial circular no.7/2012 of the PSPCL concession of 200 units is not admissible to those consumers who got reduced their load from more than 1 K.W. to less than 1 K.W. Opposite parties have argued that the concession is rightly withdrawn and the impugned bill is on the basis of actual consumption only.
9. We find that the complainant has through proper channel reduced the load from 1.730 K.W. to 0.90 K.W. after depositing the requisite fee Ex.C7. It is further submitted by the counsel for the complainant that this fees was deposited only when the test report of the consumer connection was found satisfactory by the opposite parties. As such we find that the complainant is entitled to the rebate of 200 units as per the policy of the Govt. Moreover, the opposite parties have made its reliance upon this commercial circular, which they have not placed on record for reasons best known to them. Opposite parties have only filed one affidavit of Sukhdev Raj S.D.O., PSPCL which cannot be believed in the absence of documentary proof especially the commercial circular under which they want to deny the benefits and which was very much in their possession. As such we find that there is merit in the present complaint and as such we set aside the impugned demand of Rs.9980/- and further direct the opposite parties to refund the amount deposited by the complainant if any during the pendency of this complaint besides payment of Rs.2000/- as compensation and Rs.1000/- as litigation charges within 30 days from the receipt of copy of orders.
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)
March 10, 2015 Member.
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