Complainant Sukhdev 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 correct his bill dated 07.12.2017 and charge the bill at the rate of Rs.1100/- per bill as generally consumed by him and receive actual consumption bill from him and restraining the opposite parties to disconnect the electric connection bearing Account No.G47PT332414K on the instance of impugned bill. Opposite parties be further directed to pay Rs.20,000/- as compensation on account of physical harassment and mental agony, in the interest of justice.
2. The case of the complainant in brief is that he has installed a domestic electric meter in his house bearing Account No.G47PT332414K and paying electricity bills regularly to the opposite party and never defaulted in payment of consumption charges. He has installed four bulbs in his house and four fans and has not installed any other instruments which ply with the electricity. He generally consumed the electricity of Rs.1100/- per bill. The opposite parties issued bill dated 07.12.2017 for Rs.35,510/- including Rs.15,853/- as sundry charges in his bill. He is casual labourer and not in a position to pay such a huge amount as mentioned in the bill. He approached to the opposite parties and requested to explain regarding the abovesaid bill, but they refused to explain and threatening to recover the same under the threat of disconnect his electric connection. The bill dated 07.12.2017 issued by opposite parties to him is illegal, null and void, against the law and instructions. Hence this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply by taking the preliminary objections that the complaint is not maintainable in the present form and the complainant has concealed the material facts from this Hon’ble Commission, as such the complaint is liable to be dismissed. On merits, it was admitted that the bill was issued amounting to Rs.35,510/-. However, it was denied that it included Rs.15,853/-as sundry charges in the bill. The complainant has been habitual defaulter and his previous defaulting amount has been carried forward to the next billing cycle. 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.C-1 alongwith other documents Ex.C-2 and Ex.C-3 and closed the evidence.
5. Ld.counsel for the opposite parties tendered into evidence affidavit of Gurnam Singh S.D.O. P.S.P.C.Ltd. Ex.OP-1/A alongwith copy of detail of bill Ex.OP-1 and closed the evidence.
6. Written arguments have been filed on behalf of complainant.
7. We have carefully gone through the pleadings of counsel for the both the parties; written arguments as well as oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint
8. As detailed above about the facts of the case, the present complaint is filed by complainant regarding receipt of an excessive electricity bill dated.7.12.2017 which is raised by opposite party no.2, placed as Ex.C-2 for Rs.35,510/- against electricity connection Account No.G47PT332414K. Complainant alleged this bill to be illegal, null and void as the average consumption is of Rs.1100/- per month only for his sanctioned load of 0.99 KW, but no documentary evidence is put on record. The charging of Rs.15,853/- as sundry charges is also contested by complainant.
9. Opposite party in their written reply denied all the allegations including sundry charges etc. The detail of the Account of complainant from 6/17 onwards is placed at Ex.OP-1. As per this Ex.OP-1 the amount charged with electricity bill is for the electricity consumed and also arrears of previous unpaid bills.
10. On the perusal of the document Ex.OP-1, it is clear that arrears of previous bills i.e. for the period 4/2017 to 8/2017 are included in the current bill Ex.C-2, which relate to electricity consumed.
11. On analyzing the Ex.OP-1 the consumption for the month of 10/2017 to 12/2017 are found to be 2010 units and 2380 units, which is very much on higher side against the sanctioned load of 0.99 KW of the complainant. Moreover, these two bills from the major part of the complainant’s grievance.
12. As opposite party has not put on record any justification or proof of this excessive consumption of electricity during 10/2017 and 12/2017.
13. From the above details, we are of the considered view that there is excessive reading shown for the month of 10/2017 and 12/2017 and it has not been explained/justified by opposite party, therefore, after going through the record we are of this considered opinion that this complaint can be best disposed off with the directions to opposite parties to serve a revised demand to the complainant on the basis of LDHF Formula for the period 10/2017 and 12/2017 within a period of 30 days from the receipt of copy of order if any and not thereaft4er, failing which, the opposite party will loose the right to recover any amount on account of which the present complaint has been filed. No order as to costs.
14. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
15. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Naveen Puri)
President
Announced: (Ragbir Singh Sukhija)
May 06, 2022 Member
*MK*
