Complainant Devi Rani has filed 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 withdraw their illegal demand of Rs.4840/- raised in the impugned bill and to refund the amount of previous bill dated 8.3.2016 which was deposited with the opposite parties by her as excess bill amount. Opposite parties be further directed to pay Rs.50,000/- on account of mental torture and physical harassment suffered by her alongwith Rs.5000/- as litigation expenses, in the interest of justice.
2. The case of the complainant in brief is that she is owner of one shop situated at village Taragarh Begowal and running General Store in the said shop for earning her livelihood except this she has no other source to earn her livelihood. There is one electric meter connection vide no.KT65/1047F in said shop in her name. She is using the electric connection. Her bi-monthly bill was in the range of Rs.300 to Rs.600/-. Recently the opposite parties sent a bill dated 6.3.2017 for the period from 3.1.2017 to 6.3.2017 raising demand of Rs.4840/- showing consumption of 124 units adding the amount of earlier bill dated 3.1.2017 from the period of 16.11.2016 to 3.1.2017 in which the opposite parties also raised demand of Rs.4130/- for 14 units which is highly illegal and abrupt demand. She moved an application to the opposite party no.1 for correcting the bill but they told that bill has been prepared on the average basis. Earlier the opposite parties also sent the bill dated 8.3.2016 to her for Rs.3410/- showing consumption of ‘O’ units for the period of 6.1.2016 to 8.3.2016 but she approached the opposite party no.1 and ask the reason for sending such bill amounting to Rs.3410/- against consumption of ‘o’ unit, they told her that if she did not deposit the bill amount, her meter will be disconnected. Anyhow, she deposited the said bill amount under protest which is liable to be refunded but thereafter the opposite parties started sending moderate electricity bill to her from March 2016 to November 2016 and suddenly send the impugned bill dated 6.3.2017 which is illegal, null and void and against the provisions of natural justice. Thus, there is deficiency in service on the part of the opposite parties. Hence this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply by taking the preliminary objections that the complainant has filed the false and frivolous complaint ; the complainant has not approached this Forum with clean hands and has concealed the material facts intentionally and deliberately ; the complaint is not maintainable in the present form; the complainant has no cause of action to file the present complaint and this Ld.Forum has no jurisdiction to decide the present complaint as the bill in dispute is the energy bill of the complainant. On merits, it was submitted that the opposite party generated bill dated 3.1.2017 on average basis due to ‘D’ Code and bill dated 6.3.2017 also generated on average basis due to ‘C’ Code on the basis of previous year consumption of the same month of the complainant. So the amount demanded by the opposite party is legal and genuine. There is no deficiency in services on the part of the opposite party. The complainant has not paid the bill dated 3.1.2017, hence the bill amount of the bill dated 3.1.2017 of Rs.4130/- added in the bill dated 6.3.2017 and total amount comes to Rs.4840/-. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Counsel for the complainant has tendered into evidence affidavit of complainant Ex.C1, alongwith other documents Ex.C2 to Ex.C11 and closed the evidence.
5. Counsel for the opposite parties tendered into evidence affidavit of Er.Inderjit cheema S.D.O. Ex.OP-1 and closed the evidence.
6. We have heard the parties and are of this considered view that the present complaint can be best disposed off by giving directions to the parties. Hence we direct the complainant to approach opposite party no.1 for details of the impugned demands raised by opposite party and opposite party no.1 shall furnish all details of electricity consumed unit wise. Opposite party is further directed to give details of amount paid and due from complainant. If opposite party fails to furnish details to the complainant within 15 days of making request by the complainant the opposite party shall also pay Rs.2000/- to the complainant alongwith details sought for. Disposed off accordingly.
7. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
(Naveen Puri)
President.
ANNOUNCED: (Jagdeep Kaur)
September 08,2017. Member
*MK*