Complainant Tript Singh through his wife Meena Kumari 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 bill dated 24.4.2019 amounting to Rs.9843/- and not to recover the amount mentioned in the bill illegally, forcibly and by adopting coercive methods. Opposite parties be further directed to pay Rs.20,000/- as litigation expenses and Rs.50,000/- for mental agony, physical torture and financial loss caused by the opposite parties.

2.        The case of the complainant in brief is that he is living  abroad, so the present complaint has been filed through his wife namely Meena Kumari. The Domestic Electric connection bearing Account No.G62GF460661F is running in his name and sanctioned load is 0.98 KW. He is using the electricity connection, paying its previous bills etc. regularly, nothing is already outstanding against him and as such he is consumer of opposite parties.  She has further pleaded that opposite party sent a bill dated 22.10.2018 of 260 units for Rs.1836/-, bill dated 27.12.2018 of 57 units for Rs.428/- and bill dated 28.2.2019 of 58 units for Rs.420/-. He had paid all the above mentioned bills and nothing is due against him. The opposite parties issued the bill dated 24.4.2019 of 1186 consumed units amounting to Rs.9843/-, which is illegal and unlawful. The complainant has not used 1186 units. She approached the opposite party no.3 and told the problem regarding excess bill but all in vain. 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 by  taking the preliminary objections that the complainant has filed the false and frivolous complaint; the complainant has not come to the Commission with clean hands and the present complaint is not maintainable. On merits, it was admitted that the account No.GF-46/661 is sanctioned in the name of complainant. The opposite party has rectified the bill in dispute and refund the amount in question to the complainant vide sundry item no.64 page no.6. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.      Alongwith the complaint, Smt.Meena Kumari has filed her own affidavit Ex.C1 and other documents Ex.C-2 to Ex.C-7.

5.     Alongwith the written statement, opposite party has filed affidavit of Sh.Jaswinder Singh, S.D.O. Ex.OP-1.

6.        Written arguments have been filed by both the parties.

7.       We have carefully gone through the pleadings of counsel for the 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 counsel for the complainant for the purposes of adjudication of the present complaint

8.        Complainant Sh.Tript Singh hereby presented the present  complaint by his wife Smt.Meena Kumari in this instance has alleged in the present complaint of having received inflated bill for Account No.G62GF460661F for a load of 0.98KW. Complainant has further submitted for having paid bills of 10/2018, 12/2018 and 2/2019 but opposite party raised an illegal and unlawful bill of Rs.9843/- in 4/2019. While opposite party through his counsel in the written statement has submitted that the bill in dispute has been rectified by sundry item No.64 Page No.6 but no proof of the same has been appended alongwith the written statement or at the time of written arguments. Further even at the time of oral arguments no such documents were presented by opposite party through their counsel in support of the written statement. While on the contrary the complainant through his counsel even at the time of oral arguments has stated that no such correction has been made or intimated to him.

 It is clear cut case of deficiency in service by opposite party and opposite party has failed to act even when releasing that correction in the bill is needed.

9.          In view of the aforesaid facts and discussions, we partly allow the complaint. Opposite party is directed to correct the bill in question and also to pay a fine of Rs.5,000/- on account of harassment and litigation to the complainant within a period of 45 days from the date of receipt of copy of order. Non compliance of order would entail a penal interest awarded @ 9% p.a. from the date of order till its realization.

10.         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.

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

                                                                     (Naveen Puri)

                                                                            President   

Announced:                                                   (Raghbir Singh Sukhija)

May 12, 2022                                                       Member

*MK*