Complainant Usha Rani 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 rectify the bill in dispute and to exclude amount for the consumption for the month of  Nov. 2018 and Jan. 2019 from the bill in dispute, to recover the actual consumption amount and to refund the amount received in excess from her. Opposite parties be further directed to pay Rs.20,000/- as compensation for mental agony, physical torture and financial loss caused by the opposite parties to her due to deficiency in service and unfair trade practice alongwith litigation expenses Rs.5000/-, in the interest of justice.

2.        The case of the complainant in brief is that she has got installed a temporary electric connection bearing account No.3004923906 on 28.3.2018 for construction of her house and sanctioned load was 0.786 KW. The construction work of her house was completed in the month of September 2018 and during this period no bill was issued to her. After the completion of construction work, she approached the opposite party no.1 and requested him for disconnection of the temporary electric connection and for releasing permanent electric connection, which was installed in the month of Ist week of November 2018 and the old meter was removed by the officials of the opposite party no.1. In this regard, she also moved application dated 19.11.2018 to the opposite party no.1 and requested for issuance of bill, but no action was taken by the opposite parties. Thereafter, she again moved application dated 24.1.2019 to the opposite party no.1 with a request to disconnect her temporary connection and for issuance of bill for the actual consumption made by her. Thereafter, the opposite parties issued bill dated 25.1.2019 for Rs.38,327/- in which meter reading for the month of November 2018  and January 2019 i.e. 623 units and 604 units respectively has been added, which is totally illegal, because in the month of November permanent electric connection was installed in  her house  and bill for the period 21.11.2018 to 23.12.2018 for Rs.250/- was issued to her which she had already paid. The bill dated 25.1.2019 is highly excessive, exorbitant; she is not liable to make payment for the consumption added for the month of November 2019 and January 2019. She has next pleaded that on receipt of the illegal bill in question she approached the opposite party no. 1 and requested him to rectify the bill and to exclude the consumption for the months of Nov. 2018 and Jan 2019 from the bill in dispute and to receive the actual consumption amount. The opposite party no.1 called her to his office twice after a gap of week with assurance to rectify the bill, but opposite party no.1 refused to take any action into the matter. Thus, there is deficiency in service on the part of the opposite party. 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;  the complainant has got no locus standi to file the present complaint; the complainant has filed a false, frivolous and vexatious complaint by concealing the true facts from this Hon’ble Commission and as such the complainant is liable to be burdened with special cost and the complainant has filed the present complaint with sole motive to avoid payment  of the electricity charges legally and rightly demanded by the opposite parties for the electricity consumed by him. On merits, it was submitted that complaint is not disputed to the extent that the complainant moved application dated19.11.2014 and 24.1.2019. Actually, when the complainant moved application dated 19.11.2018, the J.E.Rajat Sharma gave report that the meter “Dead Stop and Display Off”. Thereafter, as per rules, the consumer has to approach the R.A. alongwith duly marked application by SDO but the complainant did not proceed further with the application and the original application is kept by the complainant herself. The original application has to be submitted to the office which she has not submitted. The application dated 24.1.2019 was again marked by SDO and JE Rajat Sharma had given report as earlier “Meter was dead stopped” and final bill amounting to Rs.38,210/- was issued to the complainant. The connection of the complainant has been disconnected on 28.01.2019 after receiving application dated 24.01.2019. The complainant is fully aware about all the above mentioned facts, but she has not disclosed the same and filed the present complaint by setting up a false and concocted story.  The bill was issued to the complainant as per average consumption to her meter which was dead stopped since 15.5.2018 and the complainant never moved any application etc. for changing the same. Permanent connection has been given only after clearing the previous dues. 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, complainant has filed her own affidavit Ex.CW and other documents Ex.C-1 to Ex.C-6.

5.     Alongwith the written statement, opposite party has filed affidavit of Sh.Hirdeypal Singh Bajwa Ex.OP-1 and documents Ex.OP-2 to Ex.OP-11.

6.       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

7.        Complainant placed on record at Ex.C-3 electricity bill of temporary electric connection issued by opposite party no.1 which is on the basis of complaint. It is prayed by the complainant that to rectify the bill in question for the month of November 2018 to January 2019 he approached opposite party no.1. It is alleged by the complainant that temporary electric connection was released in the name of Usha Rani for the construction of house on 23.3.2018 and on completion of the construction work request Ex.C-2 was made to opposite party no.1 dated 19.11.2018 to remove the temporary connection but no action was taken by opposite party no.1. Thereafter, another application was submitted to opposite party no.1 by complainant. In the meanwhile regular meter was got installed in November 2018 by the complainant for regular electricity supply for his home.

8.      Opposite party no.1 has in his written statement denied all the allegations and admitted that application was moved by complainant for removal of meter and concerned J.E. also made some remarks regarding defective meter etc. on the application. On scrutiny of Ex.C-2, it is very much clear that the application dated 19.11.2018 has been marked to J.E. by opposite party no.1 and is duly stamped by his office. Fact of the matter is that the complainant had moved the application for removal of meter by opposite party no.1 directed the concerned J.E. Er.Rajat Kumar to check the condition of the meter and verify the reading. Clear specific instructions to remove the meter and prepare the bill thereof were not given by opposite party no.1 Complainant was forced by circumstances to submit another application for the same cause on 24.1.2019 to opposite party no.1 as no action had been taken on his previous application dated 19.11.2018.

9.    The above facts and act of opposite party no.1 clearly bring out the deficiency in service on their part for which complainant was made to suffer. Any electricity bill generated beyond the date of complainant’s first application is set aside being null and void. Hence no electricity bill can be charged beyond the date of first application dated 19.11.2018 and opposite party no.1 is directed to raise the bill for the said temporary connection accordingly.

10.    Opposite party no.1 has failed to raise electricity bill timely and also as per Ex.OP-2. It is very clear that w.e.f. 15.2018 the meter was defective and same defective meter was at side till 19.11.2018.

11.         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.

12.    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 06, 2022                                                       Member

*MK*