Complainant Vikram Singh through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the demand of Rs.46,150/- raised vide bill dated 9.2.2015 may be declared illegal, null & void. He has also claimed Rs.10,000/- as compensation for the physical harassment and mental agony and has also claimed Rs.5,000 as litigation expenses all in the interest of justice.
- The case of the complainant in brief is that he had obtained an electric connection bearing Account No.GF-451873L from the opposite parties for the residential purpose and has been paying the electricity bills regularly without any default and as such he is consumer of the opposite parties. He has pleaded that opposite parties have issued a bill dated 9.2.2015 amounting to Rs.46,150/- for the period 3.4.2014 to 9.2.2015. The electric connection of the complainant is of DS category and the sanctioned load is 1 K.W. He has further pleaded that opposite parties have demanded the above said amount for consumption of 6596 units which is totally wrong as the status of his meter is OK. Complainant has pleaded that opposite parties have sent this bill after the period of 10 months whereas as per rules of the Corporation the same has to be sent after every two months. Complainant has stated that he is a law abiding citizen and paying the bills to the opposite parties regularly and his bills have never come more than Rs.500/- or Rs.600/-. Complainant has also pleaded that he never indulged in committing of theft of energy. No checking was ever made and no notice was ever sent to him before claiming the disputed amount from him. He also stated that he approached the opposite parties and requested them to withdraw the bill in question but they refused to withdraw the said demand rather they threatened him if he will not deposit the above said amount his connection will be disconnected. The above said bill is illegal, null & void and not binding upon the complainant, hence this complaint.
3. Upon notice, the opposite parties appeared through their counsel and filed the written reply by taking the preliminary objections that complainant has filed the false and frivolous complaint, complainant has not come to the Forum with clean hands and present complaint is not maintainable. On merits, it was admitted that complainant is the consumer of the opposite parties having A/c No.GF-45/1873. It was also admitted that they have issued the bill dated 9.2.2015 for the recovery of Rs.46,150/- to the complainant. It was stated that opposite parties have issued the electric bills to the complainant on average basis July 2014 to January 2015 due to the I and N Code whereas the exact consumption of the complainant was recorded in the month of March 2015 i.e. 9335 units and in this way opposite parties have deducted the already paid bills on average basis of the complainant and demanded the disputed amount as per the consumption of the complainant. All other averments made in the complaint have been denied. Lastly, opposite parties have prayed that the complaint may be dismissed with costs.
- Complainant tendered into evidence his own affidavit Ex.C1 along with documents Ex.C2 to Ex.C5 and closed the evidence.
- Concerned S.D.O. has tendered into evidence his own affidavit Ex.OP-1 alongwith documents Ex.OP-2 and Ex.OP-3 and closed the evidence.
- We have duly considered the pleadings of both the parties; heard the arguments advanced by their counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint.
7. From the pleadings and evidence on record we find that it is an admitted case of both the litigants that the complainant is a consumer of the opposite parties being holder of electric connection bearing account no.GF-451873L at his residence. The complainant has challenged the bill dated 9.2.2015 for Rs.46150/- for the period 3.4.2014 to 9.2.2015 and further alleged deficiency in service on the part of opposite parties that opposite parties have sent the disputed bill after ten months and his bills never exceeded Rs.500/- to Rs.600/-.
8. On the other hand the counsel for the opposite parties has contended that opposite parties have issued electric bills to the complainant on average basis from July, 2014 to January, 2015 due to 'I' and 'N' Code. The exact consumption of the complainant was recorded in the month of March, 2015 for 9335 units. Opposite parties have further submitted that they have deducted the already paid bills on average basis and demanded the disputed amount as per the actual consumption of the complainant.
9. From the entire above discussion we are of this considered view that the amount claimed by the opposite parties in the impugned bill is the actual consumption charges only and there is no deficiency in service on the part of opposite parties. Hence, finding no merit in it, the present complaint is dismissed with however no order as to costs.
10. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Naveen Puri)
President.
ANNOUNCED: (Jagdeep Kaur)
OCT. 08, 2015 Member.
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