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 holder of one domestic-electric connection at his Residential House bearing Consumer A/c # 3000126418 installed in his name and claims to have been regularly paying all his past consumption bills. The present dispute prompted upon his being in receipt of one inflated (Ex.C2) Bill dated 11.01.2019 for Rs 17,340/- for 1122 units whereas his past consumption (2 months basis) has been within 300 units only. Upon approach, the OP assured review but instead two more inflated bills followed in quick succession exhibited here on records as Ex.C1, Ex.C3 and Ex.C5. The complainant did also file an application (Ex.C4) to the OP for review and rectification of these Bills on actual past-consumption basis. At this, the Meter was inspected by the OP officials and the related examination (Ex.C4) reported that the Meter keeps on running even on NIL Load. However, the OP office continued drawing of subsequent bills and the complainant was also threatened disconnection of his electricity connection by the OP Corporation officials.
2. We 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 had been a habitual defaulter in the past. Further, the Meter was got checked and found okay and working in order. The related Report (Ex.OP4) along with consumption (Ex.OP2 to OP4) data etc has been exhibited on records. The OP’s own inspection reports are in contradiction to each other. Moreover, the drawn-up Bills and other collateral documents as produced by the OP Corporation do not match amongst themselves and thus the calculations etc as produced in all these exhibits 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 Corporation has failed to explain/clarify all 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 Bills 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 and the amount deposited if any by the complainant be also refunded to the complainant by the OP side 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)
MAY 05, 2022. Member.