Complainant Gurjant Singh through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that his complaint may be allowed and the bill dated 24.06.2016 for Rs.47080/- may kindly be quashed and opposite party may also be directed to send the bimonthly bill to avoid any further complicity. He has further prayed that opposite parties may be burdened with Rs.20,000/- on account of mental torture and physical harassment suffered by the complainant from the hands of the opposite parties all in the interest of justice and fair play.

2. The case of the complainant in brief is that he belongs to S.C. community and is having domestic electric connection bearing No.3000315848. It was pleaded that the above said electricity connection was applied by the complainant in April/May, 2013 by depositing requisite security/fee and other required charges and as such complainant falls under the definition of the opposite parties. It was pleaded that said meter connection was installed on 15.05.2013 by the opposite parties in the house of the complainant and the total load of the electric connection was 1 K.W. It was further pleaded that since the installation of the electric connection opposite parties had not sent any bill to the complainant and complainant requested the opposite parties many times to him the bill but the opposite parties never sent the same. Complainant also filed an application dated 16.07.2013 to the opposite parties regarding sending the bill but inspite of it opposite parties had not sent the same. It was also pleaded that being S.C. category 200 units every month were exempted to the complainant as per the Govt. Policy but the opposite parties had not sent a single bill to the complainant for the last more than 3 years i.e. for about 38 months. It was next pleaded that opposite party had sent the bill dated 24.06.2016 by raising a demand of Rs.47080/- of 7438 units for 38 months in which Rs.1980/- was included as infrastructure development cess and rent of Rs.450/-. It was pleaded that the single bill which was sent by the opposite parties for about 38 months was illegal and takes away the exemption allowed to the complainant as per the Punjab Govt. policy which was a deficiency in service on the part of the opposite parties. If opposite parties sent the bimonthly bill to the complainant since the installation of the electric connection then the benefit of exemption of 200 units would had been availed by the complainant and no amount would have been required to be deposited by the complainant if 7438 units divided to bimonthly bills, the average bimonthly bill would have been of less than 200 units every bimonthly bill and 200 units being exempted. It was further pleaded that the sudden and abrupt demand of the impugned amount was highly excessive and requires to be looked into. It was also pleaded that complainant approached the opposite parties and requested them to delete the amount shown against him vide bill dated 24.06.2016 but the opposite parties had refused to admit the request and his genuine claim. Complainant is poor domestic consumer but the opposite parties were bent upon to recover the bill amount in question and to disconnect his electricity connection in case of non-payment of demanded amount and due to deficiency of the opposite parties complainant has mental torture and physical harassment from the hands of the opposite parties, hence this complaint.

3. Notice of the complaint was served upon the opposite parties who appeared through their counsel and filed the written reply by taking the preliminary objections that complaint is not maintainable; there is no any deficiency on the part of the opposite parties; complainant is liable for the special cost for filing the frivolous complaint against the opposite parties. On merits, it was stated that due to defect in the compute system the bills were not prepared and the same were not issued to the complainant. It was denied that bill was illegal. It was stated that bill dated 24.06.2016 was issued to the complainant as per the consumption of the meter and meter of the complainant was verified and the same was found correct as per the verification report. It was further stated that 200 for the month is allowed only to the consumer of schedule caste category as per Govt. policy but complainant had not produced S.C. certificate while applying the electric connection and as such he is not entitled for any consumed units had not been defund of any benefits. All other averments made in complaint have been denied and lastly prayed for dismissal of the complaint with cost.

4. Complainant had tendered into evidence his duly sworn affidavit Ex.C1 along with documents Ex.C2 to Ex.C4 and closed his evidence.

5. Sh.Harmanpreet Singh Gill S.D.O. had tendered into evidence his duly sworn affidavit Ex.OP-1 and copy of bill Ex.OP-2 and closed the evidence on behalf of opposite parties.

6. We have examined all the documents/evidence produced on record and have also duly considered and perused the arguments duly put forth by the learned counsels for both the sides while adjudicating the present complaint.

7. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, we have come to the conclusion that the complainant is a consumer belonging to SC category of the opposite party vide electric connection bearing Account No.3000315848 under DS category. The complainant has challenged the bill dated 24.6.2016 for Rs.47080/- Ex.C-3. According to the complainant, the opposite party did not give any satisfactory reply to him for adding/ raising such a demand in the bill dated 24.6.2016. Ld. counsel for the complainant submitted that there is deficiency in service on the part of the opposite party. On the other hand, opposite party has contended that 200 units free electricity benefit is available to the SC category consumers . Since the complainant has not produced the SC certificate while applying for the connection, he is not eligible for the benefit of the consumer and if the existing load of the consumer comes within 1. But in this case, the complainant has made no application to the opposite party so far, as such the complainant is not entitled for the same till date.

8. The complainant has filed SC certificate Ex.C2 duly issued by competent authority and as such we hold that it is a fit case which can be disposed of by giving directions to both the parties. As such, this complaint is disposed of with direction to the complainant to approach the opposite party with fresh application and other documents as required by the opposite party within 30 days from the date of receipt of copy of order and opposite party after verification/investigation of the documents submitted by the complainant and thorough inquiry, if found the complainant eligible, will give all the benefits under scheduled caste category from the date of installation of connection till date within 30 days from the receipt of fresh application. Keeping in view peculiar circumstances of the case, parties are left to bear their own costs.

9. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.

(Naveen Puri)

                                                                                  President.

ANNOUNCED:                                                 (Jagdeep Kaur)

OCT. 27, 2016                                                              Member.

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