Yudhvir Singh complainant has filed this complaint U/s 12 of the Consumer Protection Act of 1986 against the opposite parties praying that his complaint may be allowed and the bill dated 09.02.2017 amounting to Rs.52,110/- and 03.04.2017 amounting to Rs.2,07,440/- may be declared illegal, null & void and opposite parties be directed to send the impugned bill after rectifying the same as per actual consumption to him. Complainant has further prayed that opposite parties may also be burdened with compensatory costs of Rs.50,000/- for harassment and deficiency in services including Rs.10,000/- as litigation expenses.   

2.       The case of the complainant in brief is that he is the consumer of the opposite parties as he is having electric connection bearing No.3000193761 and is using the electric connection in his house for domestic purpose. It was pleaded that complainant is a law abiding citizen and is old person and never made default in payment of bills. It was further pleaded that meter connection is in the name of the complainant as such he is consuming the electricity from the opposite parties and made the payment of bills regularly. It was also pleaded that a bill dated 09.02.2017 was sent to the complainant by the opposite parties for the consumption of 556 units from 10.12.2016 to 09.02.2017 in which opposite parties made the huge demand of Rs.52,110/- which was illegal, null & void. Complainant went to the opposite parties for withdrawing the above said illegal demand but the opposite parties refused to withdraw the same and threatened the complainant to disconnect his electric connection and to save disconnection and under protest complainant deposited the amount of Rs.30,000/- on different dates i.e. Rs.26,000/- on 25.02.2017 and Rs.4,000/- on 27.03.2017. It was next pleaded that opposite parties again sent a bill dated 03.04.2017 to the complainant in which they again made huge demand of Rs.2,07,440/-  by showing the consumption of 522 units from 22.02.2017 to 03.04.2017 and also added the amount of previous bill in the bill dated 03.04.2017 which demand of the opposite parties is illegal, null & void.  Complainant again went to the opposite parties to enquire about it but of no avail.  It was pleaded that demand raised by the opposite parties in the bills dated 09.02.2017 and 03.04.2017 is illegal, null & void as before raising the above said demand no notice was sent and even had not followed the prescribed procedure, hence this complaint.

3.       Notice of the complaint was issued to opposite parties who appeared through their counsel and filed its written reply by taking the preliminary objection that present complaint is not maintainable and there is no deficiency on the part of the opposite parties. On merits, it was stated that bill dated 09.02.2017 was sent to the complainant by the opposite parties as per the units consumed by him from 2015 to 2017 but wrong bills were prepared by the computer and not as per the consumption of the complainant. All other averments made in the complaint have been denied and lastly prayed for dismissal of the complaint with costs.     

4.      Complainant had tendered into evidence his own affidavit Ex.CW-1/A along with documents Ex.C1 to Ex.C11 and closed his evidence.

5.       Counsel for the opposite parties had tendered into evidence affidavit of Sh.Pritpal Singh S.D.O. Ex.OP-1 and closed the evidence on behalf of opposite parties.

6.       We have duly heard the learned counsels for both the sides in the back drop of the legally applicable merit of the supporting evidence/ document(s) as produced by the litigating parties in order to statutorily resolve the inter-se dispute (in accordance with the provisions of the Consumer Protection Act’ 1986) prompting the present complaint. We observe that the complainant had been quite a long time consumer of the opposite party service providers/ corporation being the valid beneficiary of the DS Connection in his name (Affidavit Ex.Cw-1/A) with A/c # 3000193761 at his family residence. He has filed the instant complaint for statutory redressal of his grievance caused on account of receipt of an excessive consumption Bill dated 09.02.2017 for Rs.52,110/- (Ex.C1) followed by successive threats of disconnection by the opposite party Corporation. The complainant did deposit the Bill in installments and had also requested for Lab Testing of his Meter that somehow was succeeded by another Bill dated 03.04.2017 for Rs.207,440/- that has been alleged to be illegal, null and void. The evidentiary affidavit Ex.Cw-1/A and other documents Ex.C1 to Ex.C11 as produced by the complainant satisfactorily and sufficiently prove the complaint-raised allegations.

7.       However, upon appearance, the OP corporation/ service providers have somehow, admittedly deposed (Affidavits Ex.OP1) that the first Bill dated 09.02.2017 for Rs.52,110/- has been an outcome of some computer-based error and presently they are in the process of drawing and dispatching the correct Bills as per the factual consumption. As such, we accept and acknowledge the OP’s truthful admittance but not without a modest penalty. 

8.       We are of the considered opinion that the opposite party service providers/ corporation have acted in an unauthorized illegal and callous manner in the present case and thus the present complainant shall not be liable to pay the impugned Bills except as per his actual consumption. Somehow, we find that the impugned demands as put forth upon the complainant for payment of the levied charges by the opposite party corporation has not been a matter of routine and also not in accordance with the legally accrued amounts as per their own Sales & Distribution of Electricity Rules & Regulations and the details were neither detailed out in the impugned Bill nor any pre-notice was served, as requisite.

9.       In the light of the all above, we partly allow the present complaint and ORDER the opposite party no.2 (the SDO) to recall and set-aside the impugned Bills and refund the amounts paid/deposited, if any, against these Bills besides to pay him Rs.5,000/- as cost and compensation (for the harassment and financial expense caused by the instant forced upon litigation) within a period of 30 days of the receipt of the copy of these orders otherwise the awarded amount shall attract interest @ 9% PA from the date of the orders till actually paid. In the meantime, the complainant shall however remain liable to pay all his current and future consumption charges for his actual consumption on regular basis.  

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

                             (Naveen Puri)

                                                                                                President.

ANNOUNCED:                                                            (Jagdeep Kaur)

FEB. 07, 2018.                                                                           Member               

*YP*