Complainant Tarsem Pal 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  of Rs.9940/- raised vide bill dated 11.12.2014, Rs.10,026/- raised vide bill dated 14.2.2015 and Rs.32,027/- raised vide bill dated 13.4.2015 and to set aside/quash the bills in question and also directed the opposite parties to issue bill after making proper consumption and also to make refunds of the aforesaid amounts of Rs.9940/- and Rs.10,026/- to him, since the opposite parties have recovered the said impugned amounts from him under threat of disconnection. Opposite parties may also be directed to withdraw the threat of disconnection of electricity supply to his electric meter acting arbitrarily on the basis of the impugned demand of Rs.32,027/- raised vide impugned notice dated 14.2.2015 and opposite parties may also be directed to pay compensation to the tune of Rs.10,000/- for physical harassment and mental agony and litigation expenses to him on account of mental and physical harassment suffered by  him, in the interest of justice.

2.        The case of the complainant in brief is that his father namely Sh.Rattan Chand has got installed an electric connection bearing Account No.G 42 GP 220137 L for running Atta Chakki being unemployed. He was using the said connection and was paying the electricity charges to the opposite parties regularly without any default. After his father’s death, he being his son and beneficiary is using the said electric connection. He is earning livelihood from the said electric connection by running Atta Chakki for sustaining his life as well as his family member by way of self employment. He has further pleaded that earlier the opposite parties have issued bill dated 11.12.2014 to him for Rs.9940/- which is illegal, null and void, in which consumption was only shown as 24 units. The said impugned demand is without any notice. Further opposite parties again issued bill dated 14.2.2015 for Rs.17,020/- in which an amount of Rs.10,026/- had been slapped as Sundry Charges, which is also illegal null and void. Thereafter, he approached the opposite parties no.2 to 4 for rectification of the impugned bills, by visiting their offices on numerous occasions, but inspite of that he was threatened to deposit the impugned amounts with immediate effect, otherwise they will disconnect his electricity supply. He has no other source of livelihood except from the said Atta Chakki to deposit the impugned amounts with the opposite parties under compelled circumstances due to continuous and constant threat of disconnection of his electric meter. Again opposite parties issued bill dated 13.4.2015 to him amounting to Rs.36,820/- in which they have raised illegal demand of Rs.32,027/- by slapping the alleged amount as Sundry Charges, which is also wholly illegal null and void, as the same is without any notice. The act of the opposite parties to charge the impugned amounts being levied against him in the impugned bills dated 11.12.2014 and 14.2.2015 are illegal, null and void, against the rules and regulations of the Corporation.  Thereafter, he has approached to the opposite parties no.2 to 4 and requested them to withdraw the impugned demand raised in the impugned bills and to make refund of the impugned amounts being received by them from him under threat of disconnection of the electric meter in question, but the opposite parties have refused to admit his claim and started threatening to disconnect the electricity supply to his electric meter in the event of non payment of the impugned demand raised in the impugned bill dated 13.4.2015. 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 taking the preliminary objections that the complaint is not maintainable as the bill in dispute has been issued for the energy consumed by the complainant. On merits, it was submitted that the said electric connection as per records stands in the name of one Rattan Chand. The bills have been issued as per energy consumed. Bill dated 11.12.2014 amounting to Rs.9940/- is for 1495 units, reading taken on 27.11.2014. This reading was taken on average basis as the meter was changed as the earlier meter was burnt. No objection was raised on this bill and the same was paid on 22.12.2014. Since the meter was damaged, it did not display the units consumed. This bill is correct, legal and as per rules and regulations of the Corporation. Further it was submitted that in the bill dated 14.2.2015, the amount of Rs.10,026/- which has been shown as sundry charges is for difference of units The reading was Taken on average basis on 28.01.2015 and the base was taken as on 11/2013. On average consumption basis the consumer was billed for 1103 units. The break down of the bill is Rs.6448/- SOP 837/- ED 2210/- cost of meter, 132/- meter rent, 344/- SOP, arrear as per as per revised rates, 55/- ED arrears of revised rates. This totals to Rs.10,026/-. This bill too was correct as per rules and regulations of the Corporation. As far as third bill for Rs.32,027/- is concerned, for this bill the reading was taken on 27.03.2015. This was done once the meters were received back from ME Lab. Difference of units for first meter 1506 units and for second meter Difference of 2867 units was noted. Hence the break down is as under:-

SOP for 1506 units – 8810, ED-1145/-, SOP for 2867 units 16772/-, ED-1180 and cost of meter 4120/-. This totals to Rs.32,027/-. Hence this bill too is as per energy consumed by the Consumer. There is no illegality of nullity in the same.

 It was also submitted in bill dated 13.04.2015 an outstanding amount of previous bill Rs.32,027/- has been added and the total bill is for Rs.36,820/-. This bill is also as per rules, regulations of the Corporation and is correct and as per law. There is no deficiency in service on the part of the opposite parties. 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 to Ex.C10 and closed the evidence. 

5.       Sh.Ajit Kumar, S.D.O. PSPCL tendered into evidence his own affidavit Ex.OP-1, alongwith other documents Ex.OP2 to Ex.OP9 and closed the evidence.

6.      We have examined all the documents/evidence produced on record and have also duly considered and perused the arguments duly put forth by the learned counsels for both the litigants, while adjudicating the present complaint. We observe that the complainant being the legal heir/descendent son of the original Connection Holder Rattan Chand (his father) and thus being the beneficiary user of the Connection in question has rightfully filed the present complaint (as a consumer) under the Act; hence the OP’s related objection is set aside being unfounded and untenable. Finally, coming to the complainant’s prime allegation of arbitrary billing, we find that the OP service providers have duly admitted the issuance (and receipt Ex.C10 of its amount) of consumption Bill (Ex.C3) # 549 dated 11.12.2014 for Rs.9,940/- for 28 days for an up to date consumption till 27.11.2014 and no arrear outstanding remained unpaid till that date. However, the OP Corporation issued further Bills (Ex.C4 & C5) dated 17.01.2015 & 14.02.2015 for Rs. 6,090/- (with no arrears) and Rs.17,020/- (but with an arrears of Rs.10,026/-), respectively; without assigning any cogent reason. The arrears outstanding have been attempted to be explained in the affidavit Ex.OP1with cost of Meter appearing twice and for different amounts of Rs.2,210/- and Rs.4,120/- . It is neither explained nor understood as to why the complainant shall pay twice for the cost of one Meter (but different amounts) and that too must have been paid at the time of issuance of power connection in question. The Bills drawn subsequent to the Ex.C3 Bill dated 11.12.2014 for the period ending 27.11.2014 have not been satisfactorily explained by the OP Corporation and being arbitrary in nature duly exhibit unfair trade practice coupled with deficiency in service on its part. As such, the OP Corporation is held guilty and liable to an adverse award under the Act. 

7.       In the light of the all above, we partly allow the present complaint and set aside the demand of Rs.10,026/-raised vide bill dated 14.2.2015 and Rs.32,027/- raised vide bill dated 13.4.2015  and ORDER the titled opposite parties to withdraw the impugned Bills drawn subsequent to the Bill Ex.C3 dated 11.12.2014 for Rs.9,940/- up to 27.11.2014 and draw further Bills on actual consumption only duly calculated strictly in accordance with the Electricity Supply Rules with due appropriation of amounts received after the Bill amount of Ex.C3 (if any) to the complainant within 30 days of the receipt of the copy of these orders besides to pay him Rs.3,000/- as compensation and Rs.2,000/- as cost of litigation otherwise the entire awarded amount shall attract interest @ 9% PA from the date of orders till actually paid. The complainant (like other consumers) shall be liable to pay all his consumption Bills with effect from 27.11.2014 onwards; strictly drawn in accordance with the Electricity Supply Rules/Regulations of the corporation and duly checked by the OP4 SDO, himself and gracefully explained in person, to the complainant, if so requested by him. 

8.           Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.

                                                                     (Naveen Puri)

                                                                              President

ANNOUNCED:                                             (Jagdeep Kaur)

September, 21 2015.                                               Member.

*MK*