Complainant Smt.Satinder Kaur has filed the present complaint against the opposite party U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to recall the said bill qua recovery of Rs.68,632/- and also be restrained from making such recovery from her. Opposite party be further directed to pay Rs.25,000/- for mental torture, wastage of time and damaging her reputation alongwith Rs.6,000/- as litigation expenses, in the interest of justice.
2. The case of the complainant in brief is that she is working as Principal of Central Public Senior Secondary School, Ghoman. Earlier, the abovesaid school had been running in a rental building of Gurdawara Namdev, Tapiana Sahib Ghoman. She was holding Account No.G 72GT 720005Y in that building and was paying its bills regularly and as such she is consumer of the opposite party. She has further pleaded that after termination of rental agreement with the Gurdawara Committee, on 31st December, 2013, the school has been shifted to its building with effect from Ist January 2014 due to non consumption of power, after Ist Jan, 2014 the meter had stopped working but the opposite party continued claiming bills on average consumption. She had received a bill dated 20.06.2014 for Rs.20,670/- and it was also paid on 7.7.2014 without raising any objection. On the same day, an application dated 19.9.2014 to dislodge the meter from that premises was made to the opposite party and the same was dislodged and taken in possession by the opposite party as per its advice No.28-07 in its perfect condition. She at present holding Account No.G72GT 720038K in the name of the School in the new building but the opposite party vide bill dated 17.2.2016 is claiming Rs.73,147/- of the previous account including an illegal amount of Rs.68,632/-. No reason or explanation has been given to her for claiming the said amount and no notice has been issued and she has not been afforded any opportunity of being heard which is illegal and against the principles of natural justice. Thus, there is deficiency in service on the part of the opposite party. Hence this complaint.
3. Notice of the complaint was issued to the opposite party who appeared through its counsel and filed its written reply by taking the preliminary objections that the present complaint is bad for non joinder/misjoinder of necessary parties and as such the same is liable to be dismissed on this score alone. On merits, it was submitted that the Internal Audit Department of PSPCL vide Half Margin No.7 dated 10.06.2014 has worked out the Arrears of consumption charges in the sum of Rs.40,675/- regarding the previous connection bearing Account No.GT 72 0005Y and in this connection the complainant/consumer was informed. The complainant also made an application dated 19.09.2014 to the Incharge Audit Department Office Batala District Gurdaspur regarding the amount as mentioned in the half Margin. Office of Audit Department was a necessary party to the instant complaint but the complainant has failed to do so. As such an amount of Rs.58,375/- has been added in the new account number of the complainant. Both the connections bearing account No.GTY 72 0005Y and GT 72 0038K are of the same person which was/is running in the school owned by the complainant Satinder Kaur. The complainant has been issued a bill dated 17.02.2016 for an amount of Rs.72,770/- which includes the amount as mentioned in the Half Margin bearing No.7 dated 10.06.2014 and other charges of Account No.GT 72 0005Y upto October, 2014. The consumer has not paid the consumption charges for the months of January and February, 2016 of the connection GT 72 0038K and this amount is also included in the bill dated 17.02.2016. The complainant has consumed the electricity and she is bound to make the payment of these charges which have been claimed from her as per the Rules and Regulations of PSPCL. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Counsel for the complainant tendered into evidence affidavit of complainant Ex.CW-1/A, alongwith other documents Ex.C1 and Ex.C5 and closed the evidence.
5. Counsel for the opposite party tendered into evidence affidavit of Er.Amrit Pal Singh, S.D.O. PSPCL Ex.OP1, alongwith other documents Ex.OP2 to Ex.OP-5 and closed the evidence.
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 (under the C P Act’ 1986) prompting the present complaint. We find that the complainant had been the holder of NRS A/c # G72GT720005Y installed at the rented premises that stood duly surrendered and final Bill dated 20.06.2014 for Rs.20,670/- stood paid on 07.07.2014. The meter was removed on 28.07.2014 and the factum of surrender etc was acknowledged by the OP Corporation by way of receipt of the related application of 19.09.2014. Further, the complainant got installed a fresh/new NRS A/c # G72GT720038K at changed premises where she was shocked to receive the impugned Bill dated 17.02.2016 for Rs.73,147/- (Ex.C1) including the arbitrary amount of Rs.68,632/- sans any details and/or prior notice etc and without an opportunity of being heard giving prompt to the present complaint.
7. We further find that the OP Corporation in its written reply (supported by the other evidentiary documents produced as Affidavit Ex.OP1 to Ex.OP5) has deposed that the impugned Bill comprised of Rs.40,675/- as previous a/c arrears and that enhances the total arrears to Rs.58,375/- whereas the impugned Bill Ex.C1 clearly shows current year arrears of Rs.68,632/- and that too in the new/fresh NRS A/c. No doubt the OP service providers have futilely tried to justify the arbitrarily raised demand (Ex.OP2 to Ex.OP5) vide the audit conduct etc but that does not negate/ moderate the gravity of ‘infringement’ of consumer rights of the present complainant who has also not been provided with any reason (logical purpose) and/or details of the arbitrarily alleged ‘arrears’ and that establishes ‘unfair trade practice’ coupled with ‘deficiency in service’ on the part of the OP service providers and that rakes them up for an ‘adverse’ statutory award under the applicable statute. Moreover, the impugned demand as put forth upon the complainant for payment of the arbitrary amount by the opposite party corporation has been admittedly not a matter of routine and the same has not even been proved to be in accordance with the legally accrued amounts as per its Sales/Distribution Policy and the Rules & Regulations etc framed, there under.
8. In the light of the all above, we partly allow the present complaint and thus ORDER the opposite party corporation to withdraw the impugned portion of the Bill in dispute (Ex.C1) other than the current consumption charges and also to refund (the amount, if any, deposited in its partial/full discharge etc) to the complainant besides to pay her a sum of Rs.5,000/- as cost and compensation within 30 days of the receipt of the copy of these orders otherwise the awarded amount shall attract interest @ 9% PA from the date of the complaint till actual payment. The complainant shall be liable to pay the applicable consumption charges only from the date of the impugned Bill onwards and thus the OP Service Providers shall raise only the appropriate Bills comprised of applicable consumption charges only.
9. 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)
October,06 2016 Member
*MK*
