Complainant Sital 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 the illegal demand of Rs.25,390/- and not to disconnect his electric supply. Opposite parties be also directed to pay compensation to him.
2. The case of the complainant in brief is that he is having domestic electric connection bearing Account No.G 74 SB 850667 Y. Opposite party has not sent any notice but raised illegal demand of Rs.25,390/- from him. The opposite party issued a bill dated 18.4.2014 for Rs.25,390/- in which an amount of Rs.22,340/- has been added as arrears of the other connection of the house of Balkar Singh son of Shital Singh. He has not committed any theft of electricity nor used the excessive load than the sanctioned load. The demand raised by the opposite parties is illegal, null and void and he is not bound to pay the same. Hence this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply. It was submitted that the amount in question was in the name of Balkar Singh son of complainant and as such the same was claimed from the complainant and on objection and after verifying the same the said amount has been withdrawn from the account of the complainant and has been added to the account of Balkar Singh who is liable to pay the same to the opposite party. Thus, there is no deficiency in service on the part of the opposite parties. Lastly prayed for dismissal of the complaint.
4. Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1, alongwith other documents Ex.C2 to Ex.C5 and closed the evidence.
5. Counsel for the opposite parties tendered into evidence affidavits of Ram Gopal 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 account No.G 74 SB 850667 Y as such is a consumer of the opposite party. The case of the complainant is that the opposite party has issued a bill dated 18.4.2014 for Rs.25,390/- in which an amount of Rs.22,340/- was included as arrears of the other connection of the house of Balkar Singh, son of Sh.Sital Singh. It is also argued by the counsel for the complainant that no notice was sent to the complainant before adding the impugned amount directly in bills of the complainant which is a clear cut deficiency in service on the part of the opposite party. On the other hand, the opposite party has submitted that the amount in question was in the name of Balkar Singh son of the complainant and as such the same was claimed from him but on the objection from and after verifying the same the impugned amount has been withdrawn from the account of the complainant and has been added to the account of Balkar Singh.
8. From the entire above discussion we find that the complaint of the complainant stand satisfied as the impugned amount in question has already been withdrawn from his bill and has been added to the account of his son. Hence we dispose of this complaint by giving directions to the opposite party to be careful in future and further direct the opposite party to refund the amount if deposited by the complainant during the pendency of this complaint with interest @ 9% from the date of deposit till payment, within a period of 30 days from the receipt of copy of orders. No order as to costs.
9. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Naveen Puri)
President
Announced: (Jagdeep Kaur)
March 13, 2015 Member
*MK*
