Complainant Raj Kumari through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the opposite parties be directed not to recover the amount of Rs.14,230/- from her raised vide notice dated 17.11.2014 which is illegal, null & void. Opposite parties are further directed to refund Rs.12,075/- to the complainant which were deposited by her as per order of this Forum. Opposite parties are also directed to pay Rs.20,000/- for the mental agony, harassment and inconvenience suffered by her and has also claimed Rs.5,000 as litigation expenses.
2. The case of the complainant in brief is that originally the meter in question was installed in the name of Harbans Lal which was transferred by the complainant in her name by paying Rs.550/- vide receipt No.202 dated 25.8.2010 and the same was changed in her name. It was pleaded that complainant falls under weaker section domestic and under this section 400 units were exempted and as such complainant is the consumer of the opposite parties. It was pleaded that complainant paid the electricity bills regularly to the opposite parties and the consumption of electricity in the bills from 7.10.2011 till 9.7.2013 was shown as zero. It was further pleaded that in the bill of September, 2013 consumption of units was shown as 1092 which was wrong and illegal. Complainant made complaint to this effect to SDO PSPCL DNA i.e. OP 2 but no satisfactory reply had been received by her. Last bill dated 8.4.2014 had been received by the complainant in which Rs.26,051/- had been charged for the use of electricity of 4664 units from September 2013 till 8.4.2014 whereas four hundred units were exempted to the complainant under the weaker section domestic and there was zero consumption from the period 7.10.2011 to 9.7.2013. It was next pleaded that above said bill dated 8.4.2014 was illegal, null & void and complainant is not liable to pay the same she is a poor lady and falls under W.S.D. Scheme and could not pay such a huge amount. It was also pleaded that earlier complainant had filed a complaint against the opposite parties and this Ld. Forum had passed an order dated 27.10.2014 vide which complainant was aware about the imposing of illegal demand of Rs.26,051/-. Thereafter, the opposite parties have issued a notice bearing No.1852 dated 17.11.2014 to the complainant in which Rs.14,230/- were raised from her which were outstanding against her and detail of which was separately annexed but the same is illegal, null & void and against the rules and regulations of the Corporation. From the perusal of the separate annexed sheet it was revealed that since January 2012 to July 2013 the reading of the meter was shown as 0 (Zero) that means no officials of the opposite parties visited the premises of the complainant for about 1½ years whereas as per rules of the Corporation the Meter Reader of the Corporation is bound to take reading and issued bills after the circle i.e. 2 months. Again on the perusal of the sheet the bills of 5/2014 to 9/2014 and till now the reading of the meter was shown to be less than 400 units per bill. It means meter in question was working properly. It was also pertinent to mention here that at the time of filing the previous complaint complainant had filed separate application in which as per the order of the Ld. Forum complainant had deposited Rs.12,075/- with the opposite parties, 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 had filed false and frivolous complaint to harass the opposite parties, complainant had not come to the Forum with clean hands and concealed the material facts, complaint is not maintainable in the present form and complaint of the complainant is barred by resjudiceta. On merits, it was stated that the amount demanded by the opposite parties is the unpaid energy charges of the complainant as she did not deposit the same for the month of September, 2013 except the amount of Rs.12,075/- which was deposited by the complainant in the month of September 2014. It was further stated that opposite parties have followed the directions of this Hon'ble Forum which were given by this Ld. Forum to them vide order dated 27.10.2014 and they send the notice No.1852 dated 17.11.2014 by post to the complainant as per the decision of the Forum but no reply of the same had been received from the complainant and she had filed the instant complaint against them whereas the above notice is legal and genuine and there is no deficiency in service on the part of the opposite parties. All other averments made in the complaint have been denied. Lastly, opposite parties have prayed for dismissal of the complaint with costs.
- Complainant tendered into evidence her own affidavit Ex.C1/A along with documents Ex.C1 to Ex.C7 and closed the evidence.
- Opposite parties tendered into evidence affidavit of Inderjit Singh Cheema S.D.O. Ex.OP-1 alongwith documents Ex.OP-2 to Ex.OP-5 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.
- We observe that the complainant had earlier filed the consumer complaint # 160 on 05.05.2014 (upon receipt of excessive consumption charges) that was duly disposed of on 27.10.2014 with directions to the OP service providers to apprise her of with the complete details of the impugned Bill (to her satisfaction) and the same was duly done/ attempted by the OP corporation vides Memo # 1852 dated 17.11.2014 (Ex.C1) & the fresh Bill of 14.11.2014 (Ex.C2); thus, apparently the OP service providers have duly complied with the Forum’s orders. Presently, the complainant has contested the Billed Consumption alleging that she has rather utilized ‘much’ less electricity. She has further submitted that since January 2012 to July 2013 the meter reading is shown as zero. No official of the respondents ever visited the premises of the complainant for about 1 ½ years continuous period. The complainant has submitted that the meter reader was duty bound to take reading and issue bills at regular interval of two months which OP has failed to do so and hence this act and ommission on the part of OP amounts to deficiency in service.
- Although she has not been able to produce any cogent evidence to support her claim nor any other plea to support her allegation of excessive consumption charges, has been put forth.
- However, we are of the considered opinion that the OP service providers must reconsider the allegation of excessive consumption Bills and get the Electric Meter and other Wiring etc thoroughly checked at their own cost to confirm that the drawn Bills are accurate and as per the rules and regulation governing the collection of ‘charges for electricity consumption’. The OP is further directed to bifurcate the impugned demand monthwise and give benefit of weaker section if permisible within 30 days from the date of the orders. The complainant shall be liable to pay the so-drawn ‘Consumption Bill’ as per the governing rules pertaining to the same. Thus, the present complaint, as such, stands disposed of. No order as to cost.
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 14, 2015 Member.
*YP*
