Complainant Haftam Masih vide the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to correct his bill and receive actual consumption and restraining the opposite parties from recovering the amount of Rs.10,258/- illegally, forcibly under the threat of disconnect his electric connection. Opposite parties be further directed to pay Rs.20,000/- as compensation for harassment suffered by him from the hands of the opposite parties, in the interest of justice.
2. The case of the complainant in brief is that he got installed a domestic electric meter in his house bearing Account No.G31CK630107X and has been paying electricity bills regularly to the opposite party no.3 and he never defaulted in the payment of consumption charges. He belongs to Christian Caste which is declared as Backward Class by the Government and he applied for concession to the opposite parties and they are giving concession of 400 units free to him in each bill. He has further pleaded that generally he consumed the electricity less than 400 units within the period of two months and his previous bill was just Rs.80/- for the period of two months. The opposite parties issued bill on 30.1.2020 amounting to Rs.10,258/- and consumption shown in the bill in question is of 1610 units. He never consumed such like units. The bill issued by the opposite parties is illegal, null and void and not liable to pay the same. After receiving the bill dated 30.01.2020, he approached to the opposite parties and requested them to explain regarding the bill in question, but they refused to explain the same and are threatening to recover the amount of Rs.10,258/- from him illegally, forcibly under the threat of disconnect his electric connection. Hence, this complaint.
3. Notice of the complaint was issued to the opposite parties through R.C.s. which was not received back. Case called several times, but none has appeared on their behalf despite repeated calls. Thus, opposite parties was ordered to be proceeded against exparte vide order dated 1.1.2021. On 30.3.2021 Sh.Opinder Rana, Adv. has appeared on behalf of opposite parties and moved an application to join the proceedings at this stage. In the interest of justice, application was allowed and opposite parties was permitted to join the proceedings of this case at this stage.
4. Alongwith the complaint, complainant has filed his own affidavit alongwith photocopies of bills Ex.C-1, Ex.C-2 and backward class certificate Ex.C-3.
5. Written arguments filed by both the parties.
6. We have carefully gone through the pleadings of counsel for the complainant; written arguments as well as oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.
7. Ex.C-1 is the copy of the disputed electricity bill dated 30.1.2020 and Ex.C-2 is the copy of the previous electricity bill dated 21.11.2019. Whereas opposite party in its written reply has submitted that the amount demanded in question is genuine and also as per the consumption of the complainant.
8. The case of the complainant is with regard to the excess electricity bill of the complainant i.e. Account No.G31CK630107K (Ex.C-1). Copy of the previous bill is Ex.C-2. No other document showing proof of at least electricity consumption of the last two years has been placed on record by the complainant. Opposite parties in their written arguments has submitted that the bill dated 30.1.2020 is the unpaid energy charges consumed by the complainant. Moreover, the complainant has also not challenged the meter working whereby the meter could have been got checked in the M.E.Lab. As such, the complainant has failed to prove his case.
9. As an upshot of the aforesaid discussion, it is observed that the complaint of the complainant is without any merit and the same is liable to be dismissed and is dismissed accordingly with no order as to costs.
10. Copy of the order be communicated to the parties free of charges. File be consigned.
(Neelam Gupta)
President
Announced: (Bhagwan Singh Matharu)
September 14, 2021 Member
*MK*