The complainant has filed the present complaint U/S 12 of the Consumer Protection Act, 1986 against P.S.P.C.L. etc. seeking necessary directions to the opposite parties not to recover the amount of previous electricity bills including bill dated 1.10.2016 from him as she is exempted to pay the same being Schedule Caste and also directed to release her electricity connection immediately and to pay compensation to the tune of Rs.10,000/- for unnecessary harassment, physical pain and mental agony 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 widow, old and sick lady and is senior citizen of India and her age is 65 years. She is earning her livelihood by doing labour work in the houses of the villagers. She belongs to Schedule Caste. She is having domestic electric connection bearing Account No.3000319026 in her house and she is paying the electricity bills regularly and as such she is consumer of the opposite parties. She was surprised to receive and see the electricity bill dated 1.10.2016 for Rs.28,490/-. She immediately approached the opposite party no.1 and requested him to correct the bills in question but they refused to do so rather ask her that she will have to deposit this amount. She remained paying the electricity bills to the opposite party no.1 and paid the bill from 2014 to May 2015. She after receiving D.S. Gen. bill of electricity submitted the Schedule Caste Certificate to the opposite party no.1 but inspite of that she remained receiving electricity bills. Due to her poor financial condition  she could not pay the electricity bills from May, 2015 till date and also due to the reason that Schedule Caste persons are exempted to pay the electricity bills upto 200 units as per Government instructions but she is not given this benefit by the opposite party no.1 with malafide intention. She has further pleaded that opposite party no.1 was not deducting/adjusting the amount of bills already paid by her but added the amount in future bills illegally. The opposite party no.1 has disconnected her electricity connection about six months. Without the electricity she is facing great difficulty being old and sick lady. She again approached the opposite party no.1 and requested to restore her electricity connection and withdraws the bill dated 1.10.2016 but they have deaf ear to her request rather threatened to recover the illegal amount forcibly. Thus, there is clear cut deficiency in service on the part of the opposite parties. Hence this complaint.

3.       On notice, the opposite parties filed the written reply through its counsel, taking preliminary objections that the complainant has not been charged anything else than consumption charges and hence the present complaint is not maintainable and the complaint filed by the complainant is vexatious one and deserves to be dismissed with special costs. On merits, it is submitted that complainant did not pay any electricity bill after December 2015. A sum of Rs.17,809/- on account of arrears of electricity was payable by complainant to opposite parties in the month of February 2016. The complainant did not pay the electricity bill worth Rs.2372/- for the month of February 2016 and hence the arrears of electricity Rs.17,809/- alongwith current bill for the month of February 2016 which worked out Rs.20,220/- was carried forward in the month of April 2016. The current bill for the month of April 2016 was Rs.937/- and hence arrears of electricity Rs.20,220/- alongwith current bill of complainant for the month of April 2016 which worked out Rs.21,160/- was carried forward in the bill of complainant for the month of June 2016. The current bill of complainant for the month of June 2016 was Rs.2235/- and hence the same alongwith arrears of electricity Rs.21,160/- which worked out Rs.23,410/- was carried forward in the bill of the complainant for the month of August 2016. The current bill of the complainant for the month of 8/2016 was Rs.2864/- and hence the same alongwith arrears of electricity Rs.23,410/- which worked out Rs.26,478/- was carried forward in the bill of the complainant for the month of October 2016. The current bill for the month of October 2016 was Rs.1869/- and hence the same alongwith arrears of electricity Rs.26,478/- which worked out Rs.28,510/- was carried forward in the bill of the complainant for the month of December 2016 . The current bill for the month of December 2016 complainant is liable to pay Rs.29,140/- to the opposite parties. Opposite parties has next submitted tat the complainant has not charged anything else than consumption charges and has been duly given concession available to schedule caste persons. Since complainant failed to pay the electricity bills and hence her electricity connection has been disconnected with the frame work of law. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.       Complainant tendered into evidence her own affidavit Ex CW1/A, along with the other documents exhibited as Ex C1 to Ex C4 and closed the evidence

5.       On the other hand, the opposite parties tendered into evidence affidavit of Amardeep Singh Nagra, S.D.O. P.S.P.C.L Ex.OP1, alongwith other documents Ex.OP-2 and Ex.OP3 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 senior citizen SC category widow complainant had been the holder of DS Electric Connection A/c # 3000319026 installed at her residence in village: Hardeo Bathwala (Gurdaspur) to facilitate her family’s living etc and she has been regularly paying all her consumption charges till she was shocked to have received the excessive impugned Bill dated 01.10.2016 for Rs.28,490/- for reasons refused to be disclosed and also without having allowed the desired SC category benefits. Further, she approached the opposite parties for grievance redressal but instead was threatened of ‘disconnection’ and thus prompted the instant complaint with the prayed-in reliefs.   

7.       We further find that the OP Corporation in its written reply and other evidentiary documents produced as its Affidavit Ex.OP1 etc has deposed that the impugned Bill has been comprised of consumption charges only as per the applicable tariff to general category consumers and no arbitrary amount has been charged by this office, so the demand is legal and valid. Somehow, we are not convinced with the logic as put forth by the OP Corporation at the face of the complainant having produced the SC certificates etc. Moreover, the impugned amount was annexed with the routine demand sans any detail/explanation and thus it is not understood as to how the complainant shall be liable to pay without having been provided with any reason (logical purpose) and/or details of the arbitrarily alleged ‘charges’ and that establishes ‘unfair trade practice’ coupled with ‘deficiency in service’ on the part of the OP service providers raking them up for an ‘adverse’ statutory award under the applicable statute. Somehow, the impugned demand as put forth upon the complainant for payment of the arbitrary amount by the opposite party service providers has been admittedly not a matter of routine and the same has not even been proved to be in accordance with the legally accrued amounts as per its Sales/Distribution Policy and the applicable Rules & Regulations etc framed, there under. 

8.       In the light of the all above, we are of the considered opinion that the present complaint shall be best disposed of by setting aside the impugned Bills and directing the opposite party corporation to instead raise actual consumption charges (during the period) as per the applicable tariff upon the complainant as applicable to her SC class category by accepting from her the requisite documents for the needful purpose. The complainant shall be liable to pay the applicable consumption charges only from the date of the impugned Bill onwards and thus the OP Service Providers shall raise only the appropriate Bills comprising of ‘applicable’ consumption charges only.

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

      (Naveen Puri)

                                                                          President  

ANNOUNCED:                                       (Jagdeep Kaur)

FEB.08 2017                                                     Member

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