Order dictated by:

Sh.S.S.Panessar,President.

1. Darshan Lal, complainant has filed the present complaint under section 12 & 13 of the Consumer Protection Act on the allegations that complainant is permanent resident  of H.No. 41, Street No. 5, Depot Wali Gali, Sunder Nagar, Amritsar and is consumer of the opposite parties  . It is pertinent to mention over here that complainant has been using electricity connection bearing account No. C16LR640290N  installed in his name for his domestic purpose. The complainant has been making payment of the electricity bills regularly  and has never been a defaulter of the opposite parties. Earlier complainant received bill dated 13.11.2015 for the period from 17.9.2015 to 13.11.2015 of 506 units amounting to Rs. 3190/- which the complainant paid in due time. In the month of December the electricity meter  of the complainant was changed  as all the electricity meters in the locality were got changed by the department for installing the digital meters. In the month of January 2016, the complainant received bill dated 15.1.2016  on average basis amounting to Rs. 7050/-. The same was prepared for a period of 13.11.2015 to 15.1.2016 with average consumption of 975 units. The complainant paid the same in due time. In the month of March, 2016 complainant received another bill datede 11.3.2016 for the period from 15.1.2016 to 11.3.2016 amounting to Rs. 5430/- which the complainant also paid in due course. Again in the month of March, 2016 complainant received  another bill dated 28.3.2016 for a period from 13.11.2015 to 11.3.2016  i.e. the period which was also included in the bill dated 15.1.2016 and 11.3.2016 amounting to Rs. 8750/- with consumption of 2260 units. The bill dated 28.3.2016 has been prepared for a period of 13.11.2015 to 11.3.2016. It is pertinent to mention here that the complainant had already paid bill of electricity consumption from 13.11.2015 to 11.3.2016 and the dues for the same has again been added in the bill dated 28.3.2016. The detail of period for which electricity usage had been charged again in the bill dated 28.3.2016 is given below:-

The complainant several times has visited the opposite parties for rectifying the bills but nothing has been done. The complainant is ready to pay the actual consumption of electricity after clearing all the bills , but the opposite party refused to accede to the genuine request of the complainant . The complainant has sought for the following reliefs vide instant complaint:-

1. Opposite party be directed to rectify the bill dated 28.3.2016 and  to withdraw the bill dated 15.1.2016 and 11.3.2016 as the electricity usage of the same again included in the bill dated 28.3.2016.
2. Compensation to the tune of Rs. 50000/- may also be awarded alongwith litigation expenses to the tune of Rs. 15000/- to the complainant.

Hence, this complaint.

2.       Upon notice, opposite party appeared and contested the complaint by filing written statement taking certain preliminary objections therein inter alia that present complaint is not maintainable against the opposite party as the complainant has no locus standi to file the present complaint ; that present complaint is not maintainable in the present Forum. On merits it is submitted that electricity meter of the complainant was changed in the month of December 2015 and in place of old  mechanical meter new electrical meter was installed .  It is pertinent to mention over here that on reading 52989 actual consumption bill of 506 units was issued to the complainant. After that electricity meter of the complainant was changed and on the MCO final reading was 55289 and the difference of units 55249 – 52989 = 2260 units were charged in the bill of March 2016 according to rules and regulations of the PSPCL. While denying the remaining facts , dismissal of the complaint was prayed.

3.       In his bid to prove the case Sh.Anil Bhatia,Adv.counsel for the complainant has tendered into evidence affidavit of the complainant Ex.C-1, copy of bill Ex.C-2 and Ex.C-3, copy of bill receipt Ex.C-4, copy of bill Ex.C-5, copy of payment receipt Ex.C-6, copy of bill Ex.C-7, copy of application Ex.C-8 and closed the evidence on behalf of the complainant.

4.       To rebut the aforesaid evidence Sh.Anil Sharma,Adv.counsel for the opposite party tendered into evidence affidavit of Sh.Darbari Lal, AEE Ex.OP1, copy of job order Ex.OP2, copy of consumption data Ex.OP3 and closed the evidence on behalf of the opposite party.

5.       We have heard the ld.counsel for the parties and have carefully gone through the record on the file.

6.       From the appreciation of the facts and circumstances of the case, it becomes evident that complainant had already paid electricity bill pertaining to period  13.11.2015 to 15.1.2016 vide bill dated 15.1.2016 for 975 units to the tune of Rs. 7050/- , copy of the impugned bill as well as receipt account for Ex.C-3 & Ex.C-4 respectively. Similarly vide bill dated 11.3.2016 the complainant paid electricity charges w.e.f. 15.1.2016 to 11.3.2016 regarding 596 units and an amount of Rs. 5430/- was paid, copy of the bill as well as receipt account for Ex.C-5 & Ex.C-6 respectively. Later on electric meter of the complainant was changed and a new meter was installed and a bill dated 28.3.2016 Ex.C-7 was issued for an amount of Rs. 8750/- regarding the period w.e.f. 13.11.2015 to 11.3.2016 for 2260 units. But however, opposite party did not take into account the payments already made vide bills dated 15.1.2016 and 11.3.2016 referred to above and rather  received double payment from the complainant regarding the period w.e.f. 13.11.2015 to 11.3.2016. During the pendency of the case an injunction was granted to the complainant regarding forcible disconnection vide order dated 20.5.2016 vide which the complainant was directed to pay 50% of the impugned amount of the disputed  bill which was also deposited by the complainant with the opposite party. The amount of Rs. 7050/-, 5430/- besides 50% of the amount of Rs. 8750/- i.e. Rs. 4375/- are required to be adjusted by the opposite party against future demand. The opposite parties have failed to convince the court that the adjustment of the aforesaid amount has already been made vide bill dated 28.3.2016. Even written reply to the complaint in this regard does not satisfy the conscious of this court. Consequently, opposite parties are directed to settle the amount of Rs. 7050/-, Rs.5430/- as well as 50% of Rs. 8750/- i.e. Rs. 4375/- against  future demand(s) of the electricity charges from the complainant. The complaint stands disposed off accordingly. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated : 07.09.2016

/R/