Complainant Jang Bahadur through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has sought issuance of necessary directions to the titled opposite parties to rectify the bills and to receive the actual consumption amount and also refund the amount paid by him under protest. He has also claimed Rs.50,000/- as compensation for the mental agony, harassment and inconvenience suffered by him including Rs.5000/- as litigation expenses all in the interest of justice.
2. The case of the complainant in brief is that his father namely Ram Chand had got an electric connection bearing A/c No.G-34KF-820056A in his house and after his death he is using the said electric connection being beneficiary and paying its bills regularly and as such he is the consumer of the opposite parties. The sanctioned and existing load of the complainant is .10K.W. It was pleaded that the house in which the above said electric connection installed is very small and average bimonthly bill of this connection was about Rs.200/- to 300/-. It was pleaded that recently the electric meters of the consumers have been installed at a common place on one box street/locality wise and after the installation of meter at common place opposite parties started issuing inflated bills of this connection. It was further pleaded that father of the complainant reported the matter to the concerned officials and on checking it was found that the electricity meter which was supplying electricity supply to the connection of the complainant was connected with connection supplying electricity to some other consumer and similarly meter of some other consumer was connected with the supply of the complainant. It was next pleaded that on 15.9.2014 an application was moved by the father of the complainant for rectification of this defect and also for correction of inflated bills but in the mean time father of the complainant had died. It was also pleaded that opposite parties issued bill dated 17.9.2014 to the complainant in which an amount of Rs.6600/- was claimed from him illegally. Complainant approached the opposite parties with the request for rectification of bills but of no avail except giving false assurance. It was pleaded that opposite parties again issued bill dated 2.11.2014 for Rs.8410/- in which an amount of Rs.7054/- was added on account of arrears without mentioning any reasons and as on what account this huge amount has been slapped on the innocent complainant. Complainant had paid all the electricity bills and nothing is due towards him. He never used electric energy to this extent for which this bill had issued to him and no arrears outstanding against him. It was pleaded that on receipt of the bill in question complainant approached the opposite party no.4 with the request that to exclude the amount of arrears from the bill and to receive the actual consumption amount. Complainant also requested the opposite party no.4 to connect his connection with the connection from which electric supply issued to him as the same has been connected to the connection of someone else on account of which the excessive bills are issued to him. Opposite parties asked the complainant to deposit half of the amount and the same will be adjusted in his future bills after rectification of the connection and complainant paid the same under protest. It was further pleaded that complainant was surprised when opposite parties issued bill dated 5.3.2015 amounting to Rs.4970/- to him and instead of rectification of the previous bill an amount of Rs.4634/- had been added in the bill as arrears. It was also pleaded that after receiving the impugned bill complainant against approached the opposite party no.4 and requested them to exclude the amount of arrears from the bill and to receive the actual consumption amount or receive the amount on average basis of the bill of previous year. Opposite party no.4 called the complainant to their office time and again after a gap of 2-3 days with assurance to rectify the bill but after calling 3 times instead of rectification of the bill they refused to take any action on the above said matter and humiliated the innocent complainant in the presence of their employees and other person who were present in their office and threatened him if he will not pay the amount in question then his connection will be disconnected. It was pleaded that demand raised by the opposite parties from the complainant without any checking and notice is illegal null & void and not binding upon the complainant and complainant is not in a position to pay the above said amount, hence this complaint.
3. Upon notice, the opposite parties appeared through their counsel and filed the written reply. It was admitted that connection bearing A/c No.G-34KF-820056A stands in the name of the father of the complainant but no such application has moved by the complainant for transfer the same in his name. It was stated that after the installation of electric meters in the pillar boxes bills were issued on the basis of consumption recorded on the meter of the complainant and the working of the meter till date is OK and the amount charged from the complainant is legal one. It was stated that bill dated 17.9.2014 issued to the complainant on actual consumption and besides this it also includes arrears of previous bill Rs.1016/-. It was further stated that bill dated 2.11.2014 issued to the complainant on actual consumption amounting to Rs.1716/- and besides this it also includes arrears of previous bills Rs.7054/- and thus a sum of Rs.8770/- was worked out. It was also stated that bill issued to the complainant as per rules and regulations of the Corporation and the same was deposited by the complainant after a request in this regard was made by the complainant subject to verification/investigation of the meter connection by area J.E. On investigation/verification concerned J.E. found no irregularity in the connection of the complainant and amount was charged from the complainant in the next bill as arrears. It was stated that on 5.3.2015 bill was issued to the complainant on the basis of actual consumption and besides this arrears of the previous bills were also shown in this bill. It was further stated that bills issued to the complainant on the basis of actual consumption recorded on the meter which does not require any separate notice. All other averments made in the complaint have been denied and lastly the complaint has been prayed to dismiss with costs.
- Complainant tendered into evidence his own affidavit Ex.C1 alongwith other documents Ex.C2 to Ex.C15 and closed the evidence.
- Concerned S.D.O. of the opposite parties has tendered into evidence his own affidavit Ex.OP-1 alongwith documents Ex.OP-2 and Ex.OP-3 and closed the evidence.
6. 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. That as per version of the complainant that opposite parties issued bill dated 17.9.2014 to the complainant in which an amount of Rs.6600/- was claimed from him illegally. Complainant approached the opposite parties with the request for rectification of bill but of no avail except giving false assurance. It was further submitted that opposite parties again issued bill dated 2.11.2014 for Rs.8410/- in which an amount of Rs.7054/- was added on account of arrears without mentioning any reasons. It is further submitted that complainant had paid all the electricity bills and nothing is due towards him. On perusal of file, it transpired that complainant is depositing the bills regularly and the receipts of bills on the file is Ex.C10 to Ex.C15. Copy of representation sent to Assistant Engineer PSPCL Kalanaur is Ex.C2.
- On the other hand the opposite parties have stated that it is consumption charges only. But the opposite parties have not produced the relevant record and the detail submitted is not convincing one and is not trustworthy. Moreover, the connected load of the connection of the complainant is 0.10 K.W. and no notice before including such huge amount in the bill was served by the opposite parties to the complainant. No person should be condemned unheard. An opportunity must be given for hearing before imposing any amount. So, we are of the opinion that opposite parties are not entitled to recover the amount from the complainant on the basis of bill dated 17.9.2014 in which Rs.6600/- were demanded.
- In the light of our above observation and findings, complaint filed by complainant is partly allowed and the impugned demand of the opposite parties of Rs.6600/- is held illegal, null & void. The opposite parties are restrained to recover the aforesaid amount from the complainant. If the complainant has deposited any amount against this demand be adjusted in the future bills of the complainant. Compliance of the order be made within a period of 30 days from the receipt of the copy of order.
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)
AUG. 27, 2015 Member.
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