Complainant Sukhdev Wadhera 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 impugned demand raised in the impugned notice dated 31.12.2015 and to set aside the notice in question and also to withdraw their illegal threat to disconnect his electric connection.  Opposite parties be further directed to pay compensation amounting to Rs.10,000/- for physical harassment and mental agony alongwith litigation expenses, in the interest of justice.

 2.        The case of the complainant in brief is that he in order to earn his exclusively livelihood for himself and for his family members by way of self employment has opened the Hotel Standard at Pathankot. He has got installed an electric connection in his Hotel bearing Account No.GC54/0021 and using the electricity supply and is continuously paying the electricity charges to the opposite parties without any default. He has further pleaded that opposite parties have issued a notice bearing memo dated 31.12.2015 to him for Rs.58,715/- which is totally illegal, null and void and is not binding upon him. Thereafter, he approached the opposite party no.3 and requested them to withdraw the impugned bill but he refused to admit his claim. Thus, there is deficiency in service on the part of the opposite parties. 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 was informed through memo dated 31.12.2015 by which a sum of Rs.58,715/- was demanded from the complainant. The demand of Rs.58,715/- is a genuine amount as per the calculation made for the period for which the said amount was not paid by the complainant. The complainant is having three phase connection installed in his hotel in the name and style “Hotel Standard”. During the checking it was found by the checking party that one phase of the electricity was not contributing for the period for which the amount of Rs.58,715/- was demanded. On checking it was found that Voltage was shown Zero in ‘B’ phase. When the CT Chamber was opened then it was found that the electricity wire of ‘B’ phase was broken/disconnection due to sparking of electricity in ‘B’ phase by which ‘B’ phase was disconnected. So much so the electric meter was not showing consumption of contribution in ‘B’ phase. The notice forwarded to the complainant is absolutely correct and the amount demanded through the notice is also correct, the amount Rs.58,715/- has been calculated for the period as the ‘B’ phase of the electricity meter was not showing the consumption of contribution in the electric meter installed by the opposite parties in the Hotel standard of the complainant. The complainant has consumed the electricity for which the genuine amount is demanded through notice dated 31.12.2015. All other averments made in the complaint have 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 to Ex.C8 and closed the evidence. 

5.       Counsel for the opposite parties tendered into evidence affidavit of Sh.Desh Raj AAE, PSPCLtd. Ex.OP1, alongwith other documents Ex.OP2 and Mark A 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 has been in receipt of an additional consumption Bill dated 31.12.2015 for Rs.58,715/- Ex.C2 soon after he had paid the routine consumption Bill dated 22.12.2015 for Rs.23,850/- Ex.C3 and that had prompted the present complaint. However, the opposite party corporation (service providers) has explained that the impugned Bill Ex.C2 simply represented the actual consumption charges that could not be accounted for by the 3 phase Electric Meter on account of its one phase getting damaged/ disconnected etc. The damage/reading lapse were noticed during the special ‘checking’ on 17.12.2015 Ex.C8 and the impugned Bill was validly raised. Somehow, the OP corporation has not explained the reason for the reported/ detected lapse and the logic of calculations determining the consumption charges as being in due compliance of the Supply Rules etc. In the absence of the requisite information the consumer complainant cannot be burdened with the additional charges without assigning any acceptable logic/reason and without any lapse on his part. It decidedly amounts to ‘deficiency in service’ under the statute on the part of the OP Corporation and that rakes it up for an adverse statutory award. Somehow, we do not find the explanation as made out by the opposite party service providers as satisfactory and legally valid. Moreover, it has never been the case of the OP Corporation that the complainant has damaged the OP Electric Meter to record ‘low’ consumption and during the OP ‘checking’ an unauthorized consumption was detected for which the complainant was legally liable to pay. The demand as put forth upon the complainant for payment of the impugned Bill by the opposite party corporation has not been a matter of routine and also not in accordance with the legally accrued amounts as per the Sales & Distribution of Electricity Rules & Regulations etc. 

7.       In the light of the all above, we partly allow the present complaint and thus ORDER the opposite party corporation to withdraw the impugned Bill/ demand of 31.12.2015 for Rs.58,715/- and refund the amount already deposited if any besides to pay Rs.5,000/- to the complainant as cost and compensation within 30 days of the receipt of the copy of the present orders otherwise the awarded amount shall attract interest @ 9% PA from the date of the orders till actual payment.

8.        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)

July, 20 2016                                                            Member

*MK*