Complainant Harcharan Singh through the present complaint filed U/s 12 of the Consumer Protection Act, 1986 (hereinafter for short, ‘the Act’) has prayed for issuance of the necessary directions to the titled opposite parties to withdraw the bill in dispute and to recover only consumption charges from him after rectifying the bill in dispute after taking into account the amount of Rs.1 Lac which he deposited under protest. Complainant has also claimed Rs.50,000/- for mental agony, physical torture and financial loss caused by the opposite parties to him due to deficient service and unfair trade practice on the part of the opposite parties, all in the interest of justice.

2. The case of the complainant in brief is that he is running business of Tyres etc. under the name and style of M/s Saravpreet & Company and he had also got installed an electric connection bearing No.G-22MS-220132N in his name and was using this electric connection regularly and was also paying its bills etc. without any default and nothing was outstanding against him. It was pleaded that complainant himself employed in this firm and running the same exclusively for earning his livelihood and livelihood of his dependent family members. It was pleaded that in the month of April, 2015 an inflated bill was issued by the opposite parties to the complainant for the above said electric connection in which they have imposed fine of Rs.30,848/-. After receiving the above said bill complainant approached the opposite party No.1 and requested him to do the needful into the matter in writing and he also deposited requisite fee with the opposite party No.1 for challenging the bill and in order to avoid disconnection of the electric meter complainant deposited the fined amount under protest on the assurance of the opposite party No.1 that the same will be refunded to him on rectification of the bill on 11.05.2015. It was further pleaded that after that opposite party issued only one bill for the month of May, 2015 which was duly paid by the complainant and after May, 2015 opposite parties stopped sending the bills despite the fact that complainant approached the opposite parties time and again and requested for issuance of bill. It was pleaded that despite the depositing of amount for checking the meter, opposite parties did not take any action into the matter till today and the same meter is lying installed in the premises of the complainant. It was also pleaded that complainant was surprised when opposite parties issued him bill dated 01.08.2016 for the period 30.06.2016 to 28.07.2016 in which opposite parties had raised demand of Rs.7,93,370/- from him. In this bill an amount of Rs.4,62,083/- had been added as arrears of previous financial year and Rs.1,81,834/- as arrears of current financial year and Rs.29,257/- as current charges illegally which was much far and excess than the actual consumption made by the complainant. It was pleaded that said demand raised by the opposite parties was totally illegal, null & void, against the rules and law and not binding upon the complainant and the same are liable to be withdrawn and complainant was not in a position to pay this huge money. It was next pleaded that before including the above said highly excessive amount in the bill in question no notice was issued by the opposite parties to the complainant nor any checking was made by the opposite parties. Complainant approached the opposite parties and requested them to withdraw the bill in question and to recover only actual consumption charges from him. It was pleaded that opposite party No.2 called the complainant to his office thrice after a gap of 4-5 days and thereafter opposite parties refused to take any action into the matter rather threatening the complainant that they will recover the above said amount forcibly by adopting coercive methods and to disconnect his connection if he fails to pay the said amount. It was pleaded that complainant was forced to deposit Rs.1,00,000/- immediately otherwise his connection will be disconnected and the complainant left with no alternative, deposited Rs.1 Lac under protest in order to avoid disconnection of his electricity connection and due to this illegal act of the opposite parties caused mental agony, physical torture and financial loss to the complainant, hence this complaint.

3. Notice of the complaint was issued to the opposite parties who have appeared through their counsel and filed the written reply by taking preliminary objections that complainant has filed the false and frivolous complaint; complainant has not come to the Court with clean hands and complainant does not fall under the definition of consumer. On merits, it was admitted that the A/c No. MS-220132 was sanctioned in the name of the complainant. It was stated that amount was outstanding against the complainant and he became defaulter many times. It was further stated that demand raised by the opposite parties was legal and genuine and maximum demanded indicator permissible upto 10.3 whereas recorded as per meter of the complainant was 144.46KV but the complainant did not deposit the disputed amount, the complainant deposited the amount only on 07.05.2015 and after that no bill was deposited by the complainant and the sanctioned load of the complainant is 93 KW. It was also stated that above bills are also available online and it was the duty of the consumer to pay bill on time and now complainant was making one or other pretext to block the revenue of PSPCL. It was next stated that amount of Rs.7,93,570/- was for the period of more than one year and it includes as energy charges and as per the complainant disputed amount was only Rs.29,257/-. All other averments made in the complaint have denied and lastly prayed for dismissal of the complaint with costs.

4. Counsel for the complainant had tendered into evidence affidavit of complainant Ex.C1 along with documents Ex.C2 to Ex.C5 and original bills and receipts Ex.C6 to Ex.C11 and closed the evidence on behalf of complainant.

5. Er.Varun Prasher S.D.O. had tendered into evidence his own affidavit Ex.OP-1 along with documents Ex.OP-2 to Ex.OP-20 and closed the evidence on behalf of opposite parties.

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 (in accordance with the provisions of the Consumer Protection Act’ 1986) prompting the present complaint. We find that the complainant has been a long time consumer of the opposite party service provider/corporation being the valid holder of NRS 93 KW Connection # G22MS 220132N to run his Tyre Business through self-employment for earning his livelihood and has filed the instant complaint for statutory redressal of his grievance caused on account of receipt of repeated excessive consumption Bills starting with the first one for Rs.30,848/- for the month of April’ 2015 till the month of July’2016 with Bill dated 01.08.2016 for Rs.793,370/- including the previous year arrears of Rs.462,083/-. The complainant approached the OPs and complained as to why the regular consumption Bills were not drawn for more than a year to be followed by the excessive amounted impugned Bill but instead of reply he was coerced to pay Rs 1.0 Lac to avoid disconnection and also to tamely pay the balance in quick succession. The evidentiary documents as produced by the complainant satisfactorily and sufficiently prove the complaint-raised allegations. Upon approach, the OP service providers instead of explaining the impugned excessive amount of the Bills did adopt coercive means and threats of disconnection of his power supply and by further carrying over the disputed amount to next Bills and that prompted the present complaint.

7. However, the opposite party corporation (service providers) have refuted all the allegations vide its written statement and has further deposed (vide affidavit Ex.OP1) of the consumer’s liability to pay the consumption charges Bills regularly whereas the present complainant has not paid the same for the last more than 1½ years except the amounts as directed to be deposited by the OP/the forum during the course of the present complaint. The OP Corporation has satisfactorily supported its assertions through its affidavit and various Bills/online Bills/ledgers etc exhibited here as Ex.OP2 to Ex.OP20. We do also somewhat find the instant explanation as made out by the opposite party service providers/corporation to be quite satisfactory and legally valid. However, we somehow, find that the demands as put forth upon the complainant for payment of the consumption charges by the opposite party corporation has not been a matter of routine and also not in accordance with the legally accrued amounts as per the Sales, Supply and Distribution of Electricity Rules & Regulations although the consumption Bills were very much available on the internet and even otherwise it has been his liability & responsibility to regularly pay his consumption Bills. We also do not find it in order that the OPs did not recover its Bills for full 1½ years and then suddenly adopted the harshest recovery means to recover the outstanding Bills sans any pre-intimation notice etc.

8. In the light of the all above, we are of the considered opinion that the present complaint shall be best disposed of by directing the opposite party # 3 (the SDO) to redraw the apparently excessive consumption charges strictly in accordance with the Supply and Distribution Rules and Regulations etc and raise the balanced consumption Bills with easy deposit/payment options. In the meantime, the complainant shall however remain liable to pay all his current and future consumption charges for his actual consumption, on regular basis.

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)

JAN. 23, 2017                                                             Member.

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