Present: Sh. Joginder Singh counsel for the complainant.<br /> Sh. Rajneesh Garg counsel for opposite parties.<br /> ORDER<br /> DHARAM SINGH PRESIDENT<br /> Raj Kaur has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 requiring the opposite parties not to issue wrong bill to the complainant and the bill dated 2/2/2007 for Rs.9810/- be set aside and to pay costs of the complaint.<br /> 2. The complainant averred in her complaint that she is the consumer of the opposite parties and his electric connection account No. BS-26/0536 is installed in her residential house at Bargari. The complainant is Scheduled Caste widow lady and she has no source of income and the connection was received on the basis of Schedule Caste. The concession as per directions of PSEB is given to the scheduled caste person like complainant. As per inspection of the meter on the request of the complainant the meter was running very fast and no seal or glass was broken. This report dated 12/10/2006 is in possession of the opposite parties. The complainant has only two bulbs and having load 0.26 KW. In January 2007 the complainant's electric meter was replaced by the opposite parties and the bill which was issued was also on the average basis regarding 157 units but the bill which was issued to the complainant regarding the 2409 units is illegal, null and void and is liable to be set aside which was issued on 30/9/2006. Her consumption is only 50 units per month. Now the opposite parties have issued the bill dated 2/2/2007 after adding the previous amount which has been wrongly mentioned in the bills on the average basis. So the bill dated 2/2/2007 for a sum of Rs.9810/- is liable to be set aside. It is clear cut deficiency on the part of the opposite parties. Hence this complaint. <br /> 3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 12-3-2007 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 Disputes Settlement Committees to settle the disputes between the parties but the complainant has not put his case before the said committee, as such the present complaint is not maintainable. The complainant does not come under the definition of consumer. The opposite parties have not been properly impleaded so the complaint be dismissed on the ground of non joinder and mis joinder of necessary parties. On merits the opposite parties admitted that the present connection is installed in the name of complainant. The connection is installed under special category. The meter is working properly and is showing the true reading. The bill has been issued as per the reading and as per consumption of the electricity as consumed by the complainant. There is no deficiency on the part of the opposite parties. 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 her affidavit Ex.C-1, copies of bills Ex.C-2 to Ex.C-5, copy of application dated 12/10/2006 Ex.C-6, copy of SC certificate Ex.C-7, copy of R.C. Ex.C-8 and closed her evidence. <br /> 6. In order to rebut the evidence of the complainant the opposite parties tendered in their evidence affidavit of Bhupinder Singh SDO PSEB Bargari Ex.R-1 and on 24/8/2007 the evidence of the opposite parties closed by order of this Forum. <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. Learned counsel for the complainant submitted that the demand of Rs.9810/- put forth by the opposite parties vide bill dated 2/2/2007 to be paid by the complainant to the opposite parties is illegal and same is not liable to be paid by the complainant to the opposite parties. <br /> 9. Learned counsel for the opposite parties submitted that the bill has been issued on the basis actual consumption of the electricity. So the bill is legal and binding upon the complainant. <br /> 10. From the perusal of the bill Ex.C-2 dated 4/8/2006 it is made out that complainant was required to pay only Rs. 440/- with regard to consumption of 520 units after giving rebate of Schedule Caste Category exemptions. Meter reading was 2490 and old reading was 1970. In bill Ex.C-3 dated 30/9/2006 the reading has been noted to be 4899 units show consumption of 2409 units. Opposite parties have made demand of Rs.8560/- alongwith surcharge of Rs.778/- total Rs.9338/-. In bill Ex.C-5 dated 2/2/2007 the opposite parties have put forth demand of Rs.9810/- on average basis by showing consumption of 157 units. <br /> 11. When the average consumption is 157 units in the bill then the consumption of 2409 units in bill Ex.C-3 apparently appears to be excessive and illegal. This excessive reading and report i.e fast running of the meter is proved from the report of the opposite parties officials vide application Ex.C-6 of the complainant dated 12/10/2006. The complainant has lodged protest with the opposite parties that the meter is running very fast so it should be change. The opposite parties deputed concerned officials on 22/10/2006 to check the meter and report. The checking official reported on this application that the meter of the complainant starts running even if load is disconnected. The connected load of the complainant is only 0.26 KW. There is no evidence on behalf of the opposite parties if the connected load had been more than that of the sanctioned load. The complainant being poor old lady while residing in a small house being person of Schedule Caste Category cannot be expected to consume much and more electricity then that of the sanctioned load which is necessity of the life of the complainant. So the opposite parties have made themselves deficient in providing service to the complainant.<br /> 12. In view of the aforesaid facts and circumstances the complaint filed by the complainant is accepted. Accordingly the opposite parties are directed to withdraw the amount of Rs.9810/- charged in the bill dated 2/2/2007 within one month from the date of the receipt of copy of this order. No order as to costs. If any amount already deposited by the complainant with regard to the amount of Rs.9810/- 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: 18/9/2007<br /> <br />