We have duly heard the learned counsels for both the sides in the back drop of the legally acceptable statutory 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’ 2019) prompting the present complaint. We find that the complainant had been the beneficiary holder of electric connection at his Residential House bearing Consumer A/c # G31EF922477F and the present dispute prompted upon his being in receipt of one inflated Bill dated 27.10.2020 for Rs 124,510/- (Ex.C1) for the period w e from 09.11.2019 to 27.10.2020 i.e., for a period of 11½ months (approximately) whereas the complainant has been regularly receiving electricity consumption Bills Ex.C2, C3 and C4 of different amounts during the intervening period. The complainant was also given verbal threats of disconnection of his electricity connection by the OP Corporation officials.
2. We further find that the OP Corporation in its written reply and in its Affidavit Ex.OP1 has deposed that the impugned Bill has been the result of accumulation of arrears as the complainant has been habitually depositing lessor amounts than that as duly raised in the previous Bills. However, we find that the list of the Bills Ex.OP2 as produced by the OP Corporation does not even tally with the Bills Ex.C1 to Ex.C4 as raised by it upon the complainant and thus the calculations as produced in the exhibits Ex.OP2 get meaningless, lost in ambiguity of codes. The OP have failed to clarify the bills in the layman’s language and have confused the entire matter in the jargon of technicality i.e., codes etc. The OP side have failed to clarify its drawn up bills during the proceedings.
3. We are certainly not convinced with the clarifications as put forth by the OP Corporation to justify its act of the inadvertent demand resulting into the impugned Bill since it is in direct contravention of its own rules and regulations, as applicable on date; and that establishes ‘unfair trade practice’ coupled with ‘deficiency in service’ on the part of the OP service providers and that rakes them up for an ‘adverse’ statutory award under the applicable statute. Moreover, the impugned demand as put forth upon the complainant for payment of the arbitrary amount by the opposite party corporation has been admittedly not a matter of routine and the same has not even been proved to be in accordance with the legally accrued amounts as per its Sales/ Distribution Policy and the Rules & Regulations etc as framed, there under. No mandatory notice ever preceded the hefty demand of unexplained arrears of electricity consumption and the amount has been unceremoniously added in the routine bills.
4. 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 (Ex.C1) and the amount deposited by the complainant if any be refunded by the OP side to the complainant besides to pay him Rs 5,000/- as compensation and another Rs 3,000/- as cost of present litigation within 30 days of the receipt of the copy of these orders otherwise the awarded amount shall attract interest @ 9% PA from the date of orders till actual realization.
5. 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.
6. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Naveen Puri)
President.
ANNOUNCED: (R.S.Sukhija)
April, 29, 2022. Member.
YP.