Complainant S.Puran Singh authorized representative of Gurudwara Sahib Singh Sabha 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 rectify the bills in question and to recover the actual consumption amount from him.  Opposite parties be further directed to restrain from disconnecting his electric connection, till the final decision of the complaint alongwith compensation amounting to Rs.10,000/- for mental  agony, physical torture and financial loss caused by the opposite parties to him due to deficient service and unfair trade practice and Rs.5,000/- as litigation expenses, in the interest of justice.

2.        The case of the complainant in brief is that an electric connection bearing Account No.G 74 MX 260840P has been installed at Gurudwara Sahib. He is using the electricity, paying its bills etc. regularly without any default, as such he consumer of the opposite parties. His average bimonthly bill is about Rs.300/- to Rs.400/-. The opposite parties did not issue bills for a few months, so he approached the opposite party no.3 and requested for issuance of bills regularly. To his utter surprise, the opposite parties issued a bill dated 24.11.2015 for Rs.79,110/- payable by due date, in which consumption has been shown as 9528 units, which is totally illegal and against the actual consumption of electricity to such extent. He approached the opposite party no.3 and requested them to rectify his bill and they assured to rectify the bill in the next issuance of bill and asked him to pay the bill only after rectification of the same. He has further pleaded that to his utter surprise, the opposite parties again issued bill dated 19.1.2016 for Rs.82,220/- payable by due date without any rectification of the earlier bill and an amount of Rs.80,453/- has been added in bill dated 19.1.2016 as arrears. On receipt of bill dated 19.1.2016, he again approached the opposite party no.3 and requested him to rectify the bill and to receive the actual consumption amount. The opposite party no.3 called him to his office thrice after a gap of 7-8 days with assurance to do the needful into the matter but of no use. 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 with the intention to harass the opposite parties; the complainant is not the consumer of the opposite parties; the complainant has not approached this Forum with clean hands and has concealed the material facts intentionally and deliberately and  the complaint is not maintainable as the complainant has no cause of action to file the present complaint. On merits, it was submitted that the opposite party has produced the consumption data from May, 2012 to January, 2016 of the complainant. The consumption of the complainant is very much less as per their sanctioned load. The amount in dispute is the energy charges of the consumed electricity. The status of the complainant’s meter is OK and the amount demanded by the opposite parties vide bill dated 24.11.2015 is legal and genuine. It has been next submitted that the complainant never approached the opposite party and the amount demanded by the opposite parties is the unpaid energy charges of the complainant. Moreover, the complainant is a religious institution and why the opposite parties will demand the illegal bill from the complainant. The opposite parties also checked premises of the complainant on 20.4.2016 and during the checking it was found that the complainant has installed 20 electric bulbs, 12 fans and P-8 and also installed 1 BHP Motor for water and the reading of the meter was 12630 units. The consumption of the complainant as shown in the Consumption Data is very much low as per their load. Thus, there is no deficiency in service on the part of the opposite parties. Actually, the complainant has not paid the electric bill from the last 7/8 months. Even though the complainant did not disconnect the electric connection as the complainant is a religious institution. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.      Complainant S.Puran Singh Authorized Representative tendered into evidence his own affidavit Ex.CW-1, alongwith other documents Ex.C1 to Ex.C3 and closed the evidence. 

5.       Er.Ram Gopal S.D.O. PSPCLtd. tendered into evidence his own affidavit Ex.OP1, alongwith other documents Ex.OP-2 and Ex.OP-3 and closed the evidence.

6.       We have duly heard the learned counsels for both the sides in the back drop of the legally applicable merit of the supporting evidence/document(s) as produced by the litigating parties in order to statutorily resolve the inter-se dispute (under the C P Act’ 1986) prompting the present complaint. We find that the complainant (worship-institution) has been a consumer of the opposite party Corporation (Service Providers) under the CP Act’ 1986, by virtue of being holder of the Electricity DS Connection A/c # G74MX260840P with a requisite Sanction Load, at the Gurdwara Residence. Upon being aggrieved at the receipt of one allegedly excessive Bill dated 24.11.2015 for Rs.79,110/- (Ex.C2) followed by (in quick succession) another Bill dated 19.01.2016 for Rs.80,453/- (Ex.C3), the complainant preferred the present complaint alleging that it was liable to pay charges as per the actual consumption and not otherwise. To support its contention, the complainant did depose that its previous bi-monthly consumption ranged between Rs.300/- to 400/- and as such the impugned Bills Ex.C2 to Ex.C3 indeed were of much larger amounts but at the same time these pertain to the outstanding unpaid period of more than 7-8 months.

7.       However, the opposite party corporation (service providers) has duly explained that the impugned Bills simply represent the actual consumption by the complainant that amounts to a substantial quantum comprising of 20 nos of electric bulbs, 12 nos of fans, 08 nos of power-plugs and one Singly BHP Water Motor with an indicated reading of 12630 units since the related previous Bills stand unpaid for the last 7/8 months. The OP produced affidavit Ex.OP1 duly supported by the account-statements etc do prove the OP’s defense pleadings. Somehow, we find the explanation as made out by the opposite service providers as satisfactory and legally valid. The demand as put forth upon the complainant for payment of the impugned Bill by the opposite party corporation has been a matter of routine and they have been within their legal rights to demand and recover the legally accrued amounts as per the Sales & Distribution of Electricity Rules & Regulations etc. 

8.       In the light of the all above, we do not find any statutory merit in the present complaint and thus ORDER for its dismissal with however no order as to its costs.  The complainant shall also be at liberty to apply for applicable concessions (if any) and/or easy bill-payment installments, if it is so desired or advised, and the OP Corporation shall determine the same on merits in terms of the applicable rules and regulations. 

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

           (Naveen Puri)

                                                                               President   

Announced:                                                     (Jagdeep Kaur)

June, 16 2016                                                          Member

*MK*