Complainant Sohan 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 their illegal demand of Rs.33,494/- raised in the impugned bill and to accept the bill as per actual consumption. Opposite parties be further directed to pay Rs.20,000/- on account of deficiency in services and Rs.20,000/- as litigation expenses alongwith interest @ 12% p.a, in the interest of justice.
2. The case of the complainant in brief is that he is using domestic electric connection bearing Account No.300018803 in his name and paying the bills regularly to opposite parties. His meter was changed by the opposite parties in the month of January 2015 in his absence and same was neither sealed nor checked in M.E.Lab in his presence. Opposite party no.4 issued a bill dated 8.4.2015 in which opposite parties raised a demand of Rs.33,494/- on account of arrears of current year illegally and same is liable to be withdrawn. He is senior citizen and never remained defaulter not indulged in any kind of theft. When he approached the opposite party no.4 to clarify the reason of the abovesaid demand of Rs.33,494/- it was stated by opposite party no.4 that the aovesaid demand has been raised on account of difference of units but failed to justify how such an heavy amount is due towards him. His consumption remained under 500 units and little more in summer season and his bill remained under Rs.3000/- and this fact is also clear from the history of consumption mentioned in the challenged bills i.e. bill dated 07.04.2015 and bill dated 08.06.2015 in which consumption in one place is mentioned as 7077 units which is otherwise not possible. He has further pleaded that opposite parties issued another bill dated 8.06.2015 and last date of paying the above bill is 23.06.2015 and in this bill also the arrears have been shown which are illegal and liable to be withdrawn. He approached number of times to opposite party’s official and requested them to withdraw illegal demand of Rs.33,494/- and to accept the bills as per consumption but they flatly 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 submitting therein that the complainant is consuming electricity from the opposite parties but it is wrong and denied that he is making the payments of bills regularly. The bill dated 8.4.2015 is legal, genuine and valid and is of units/actual consumption. The meter of the complainant was changed due to ‘M’ code as the meter seals found broken. At that time as per computer record, bill of Rs.5477/- units was recorded. The detail of which is given that 999 to 8601 and from 1 to 5477. The bill of those units was pending and the complainant failed to pay the bill of abovesaid units, due to which the amount has been demanded in the challenged bill and the department have every right to recover it. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Complainant tendered into evidence his own affidavit Ex.C1, alongwith other documents Ex.C2 & Ex.C3 and closed the evidence.
5. Sh.Amardeep Singh, S.D.O. PSPCL tendered into evidence his own affidavit Ex.OP-1, alongwith other document Ex.OP2 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 we find that complainant is a consumer of the opposite parties and has mainly challenged the bill dated 8.4.2015 in which the opposite parties has added Rs.33,494/- as arrears without mentioning any reasons. On the other hand, opposite parties have contended that the amount claimed is legal, genuine and valid as the same is due to the difference of units consumed due to change of meter.
8. From the entire above discussion we find that this complaint can be best disposed of by giving directions to the parties and hence we direct the opposite parties to furnish detail of the impugned bill to the complainant by way of issuing of a fresh notice. He be also explained the reasons for the amount shown in the column of arrears. The complainant has every right to know what he is paying and why he is paying. Entire exercise shall be completed by the opposite parties within a period of 45 days from the receipt of copy of orders. Meanwhile recovery of the impugned amount shall remain stayed.
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,20 2015 Member
*MK*