Sh. Vivek Mahajan a Local-Citizen has been running his Small Party Hall Unit in the township of Mamoon for earning his family's livelihood through Self-Employment along with the assistance of job-work-based hired hands; and has been the holder of NRS category/commercial electricity connection no.3002337379 has been throughout paying all the consumption bills on regular basis. However, the OP sub-division in the year 2016 had imposed upon him an additional amount of Rs.13,00,000/- intimating/explaining that multiplier '1' was inadvertently perused instead of '2' in his previous 2 years bills and he being the one law-abiding and peace loving citizen had paid the amount under the OP1 threats of 'disconnection' i.e., closure of small business, the lone source of his livelihood. Again, on 20.04.2020 the OP1 had drawn the Rs.12,73,110/- amounted bill i.e., an arrears of Rs.10,72,468/- for the years 2017 to 2019 plus the current consumption of Rs.47,228/-. However, upon the complainant producing 5 nos of BA16 receipts aggregating Rs.5.93 Lac during these years the amount of Rs.5,93,000/- plus the then paid sum of Rs.49,500/- were deducted from the Bill but an endorsement of Rs.6,20,610/- as balance outstanding unpaid amount was made on the bill dated 20.04.2020.          

2.       The complainant further claims having deposited Rs.6,50,000/- i.e., more than that of the outstanding unpaid amount of Rs.6,20,610/- but that again appeared on the related bill dated 20.04.2022; and if not enough the OP1 again drew another Bill for Rs.13,22,530/- dated 28.04.2022 and have also threatened disconnection of electricity to his business, in case the drawn bill does not get paid on time. The complainant alleges that the excessive bill has been explained by the OP1 sub-division as having resulted through correction of the incorrect multiplier inadvertently applied again by the accounts section of the OP1's billing department, during the past years; hence prompted the present complaint praying for issuance of directives to the OP corporation to withdraw/nullify the unjustly/illegally drawn impugned bill dated 28.04.2022 for an amount of Rs.13,22,530/- besides to pay him Rs.1,50,000/- as compensation and Rs.50,000/- as cost of litigation in the interest of justice. The complaint has been duly supported by the self-attested deposition (Ex.CW1/A) as duly filed along with the other here-in-under listed exhibits and the written arguments.                  

          i) Ex.C1 & Ex.C2 – Bills dated 28.04.2022 & 20.04.2022;  

          ii) Ex.C3 & Ex.C4 – Complainant Application of 01.01.2021 to the OP1 & copy Aadhar;   

          iii) Ex.C5 to Ex.C9 -  BA-16 Receipts;                                  

          iv) Ex.C10 to Ex.C17 – Bill Receipts and                                    

           v) Ex.C18 – Bill dated 18.07.2018.                                                              

3.       The titled opposite parties (represented by the OP1 Sub-Division office) upon summoning appeared through their counsel and filed their joint written reply with its opening preliminary objection that the present dispute pertains to commercial connection and as such the commission has got no jurisdiction either to have entertained or to have put the present complaint on trial. And, on merits, the OP have admitted complainant to be their consumer only but not the statutory consumer as he is running a marriage-palace in full swing and by no means a small business for earning of livelihood etc. The OP have admitted that the reported bill of Rs.13 Lac pertained to the arrears of previous 3 years as the then bills were inadvertently drawn throughout perusing '1' as multiplier instead of '2' but the rest all are actual consumption bills and are legally payable by the complainant.      

4.       Further the OP service-providers have denied all the contents/allegations as made out in the complaint and have presented their side of the accounts including calculations with all its details, omissions as well as delinquencies. The OP corporation has admitted that an incorrect multiplier was inadvertently perused and applied and that had stayed in practice for years together and thus arrears had manifested upon its correction and the same were added up in the succeeding drawn up bills as arrears sans an ante-intimation/pre-notice etc. Lastly, the OP have supported their defense vide Ex.OP1 affidavit of their SDO Er. Manmohan Lal along with the herein listed exhibits and have prayed for dismissal of the complaint with costs.   :                                                          

          i) Billing calculations Ex.OP2;                                                         

         ii) Receipt counter foils Ex.OP3 to Ex.OP7;                                     

         iii) Meter Readings Ex.OP8 and                                             

        iv) Complainant's account statement Ex.OP9.             

5.       We have examined the documents/evidence produced on record (along with the scope of ‘adverse inference’ for those ignored to be produced) in order to adjudicate the respective ‘claims’ as put-forth by the litigants in the light of arguments by the respective learned counsels and have also perused the written arguments as stand duly submitted by the complainant. The OP have alleged the use of electricity for commercial purpose but have not produced any cogent evidence of the same or of the large scale business by way of one marriage palace etc. We observe further with sad concern that the herein Billing Department of the OP corporation have been continuing to apply an incorrect multiplier for years together and then have drawn up arrears in lacs of rupees upon the unaware consumers sans the mandatory notice etc. There's been no disclosure of as to how the irregularity had first escaped their notice and how the same was formulated for the past period and why preventive measures were not adopted for the same as this has been repeated in the impugned bill. We see the irregularity as part of delinquency at the related OP officials/employees' end reflecting as deficiency in service on the part of the OP Corp.

6.       We find that the complainant has suffered much hardship in managing his micro unit on account of sudden levying of these avoidable charges for past consumption and are certainly not convinced with the clarifications as put forth by the OP Corporation to justify its act of recovery of arrears resulting on account of delinquency at their employees' end amounting to deficiency in service at the corporate level.

7.       In the light of the all above, we partly allow the present complaint and thus ORDER the opposite party corporation to withdraw/cancel the impugned demand bill (dated 28.04.2022) as the admittedly drawn arrears for the past years as part of rethought-measures upon the complainant besides to pay him Rs.15,000/- in lump sum as compensation and cost of litigation within 45 days of receipt of the certified copy of these orders otherwise the awarded amount shall attract interest @ 9% PA from the date of orders till actual realization. 

8.         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.

9.        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)

SEPT. 14, 2022.                                           Member.

YP.