Joginder Singh has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 requiring the opposite parties to deducting the amount of Rs.1600/- charged in the bill dated 12/11/2006 and also for deducting the amount of exessive surcharge and to pay Rs.5,000/- as compensation for mental tension, harassment and inconvenience besides Rs.3,300/- as litigation expenses.<br /> 2. The complainant averred in his complaint that he is the subscriber of the electric connection No. F-31/KG-57/0377-NR installed at the shop of the complainant. The connected load of the complainant is 3.67 KWs.The complainant used to pay the electric bills regularly. The complainant when received the bill dated 12/11/2006 then it was surprised for him as Rs.1600/- have been wrongly claimed vide this bill as sundry charges and allowances. No checking of the connection of the complainant was done at any time nor the employees of the opposite parties ever came to the premises of the complainant. No notice was issued by the opposite parties to the complainant. So the opposite parties have wrongly claimed amount of Rs.1600/- and excessive amount by way of surcharge. The complainant requested the opposite parties many times to correct the bill after deducting the amount of Rs.1600/- from the bill mentioned above and to withdraw the surcharge amount but the opposite parties linger on the matter under one pretext or the other. There is clear cut deficiency of service on the part of the opposite parties. The complainant is being harassed without any reason or fault. So he is entitled for Rs.5000/- as compensation for mental tension and harassment and Rs.3300/- as litigation expenses. Hence this complaint. <br /> 3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 27-11-2006 complaint was admitted and notice was ordered to be issued to the opposite parties. <br /> 4. On receipt of the notice the opposite parties appeared through Sh. Rajneesh Garg Advocate and filed written reply taking preliminary objections that the opposite parties have constituted various dispute settlement committee so as to settle the disputes between the parties, but the present complainant has not put his case before the said committee. As such the present complaint in the present form is not maintainable. The complainant does not come under the definition of consumer. The connection is used for commercial purpose so the complaint is liable to be dismissed. On merits the opposite parties submitted that the present amount is due and recoverable from the complainant. The amount has been charged as per rules and regulations of the PSEB. The connection of the complainant was checked by the officials of the opposite parties on 12/5/2006 and during checking it was found that the complainant was using the electricity for the commercial purpose to supply the electricity to the shop whereas the bills were being charged from him according to domestic tariff. The present amount has been charged on account of difference of security between domestic tariff and NRS tariff. The present amount has been charged legally. So there is no deficiency of service on the part of the opposite parties. The opposite parties have not harassed the complainant. So he is not entitled for any compensation and litigation expenses. So the complaint be dismissed with costs. <br /> 5. Both the parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainant tendered in evidence his affidavit Ex.C-1, copies of bills Ex.C-2 to Ex.C-8, another affidavit of Complainant Ex.C-9 and closed his evidence. <br /> 6. In order to rebut the evidence of the complainant the opposite parties tendered in their evidence copy of checking report dated 12/5/2006 Ex.R-1, affidavit of Mangal Singh AAE Ex.R-2 and closed the evidence.<br /> 7. We have heard the learned counsel for the parties and have very carefully gone through the affidavits and documents on the file. Our observations and findings are as under.<br /> 8. Sh. Joginder Singh complainant has submitted that the demand put forth by the opposite parties amounting to Rs.1600/- from the complainant vide bill dated 12/11/2006 is illegal, null and void. <br /> 9. Learned counsel for the opposite parties have submitted that the opposite parties are entitled to recover Rs.1600/- difference of security in between domestic electric connection and non residential electric connection. <br /> 10. From the perusal of the bills Ex.C-2 to Ex.C-8 from 14/11/2005 to 13/1/2007 it is made out that the electricity consumption charges on the basis of NRS connection are being received by the opposite parties. In between checking Ex.R-1 dated 12/5/2006 by terming the consumption as NRS connection appears to be the after thought idea and plea of the opposite parties as the complainant honesly is making payment of NRS charges at least from bill dated 14/11/2005 even as per the bills issued by the opposite parties. <br /> 11. The opposite parties have not placed on the file original security charges amount rate of domestic supply of electric connection and NRS connection security charges amount rate to calculated difference of both of the charges which would have resulted into demand of Rs.1600/-. Virtually there is no basis and detail on the file to recover Rs.1600/- from the complainant. The complainant was not required to prove that previously it was domestic connection as he is making payment of NRS charges since the very beginning as per the record on the file. So there is deficiency of service on the part of the opposite parties to be provided to the complainant by demanding illegal amount of Rs.1600/-. <br /> 12. In view of the aforesaid facts and circumstances the complaint is accepted. Accordingly the opposite parties are directed to withdraw the amount of Rs.1600/- charged as sundry charges and allowances in the bill dated 12/11/2006 and also directed to withdraw the surcharge of Rs.246/- mentioned in this bill within the period of one month from the date of the receipt of the copy of this order. No order as to costs due to peculiar circumstances of the case. If any, amount already deposited by the complainant with regard to the amount of Rs.1600/- charged in the bill dated 12/11/2006 as sundry charges and allowances, the same shall be refunded to the complainant or adjusted in the subsequent bills of the complainant. Copies of the order be sent to the parties free of costs. File be consigned to the record room. <br /> Announced in open Forum:<br /> Dated: 16/10/2007<br />