Complainant Kulwant Kaur through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that her complaint may be accepted and opposite parties be directed to withdraw the impugned demand of Rs.39,613/- which was raised vide bill dated 14.12.2015 being illegal, null & void and opposite parties be further directed to charge the actual consumption charges from her. Complainant has also prayed that the opposite parties be directed to pay compensation to the tune of Rs.10,000/- for physical harassment and mental agony and be also directed to pay compensation and litigation expenses to her on account of mental and physical harassment suffered by her, all in the interest of justice.
- The case of the complainant in brief is that she is the consumer of the opposite parties as meter bearing Account No.G-44-MF-451392 was running in her premises and she was paying the electricity charges regularly and as such she was fully entitled to file the present complaint. It was pleaded that two days ago complainant had received the impugned bill dated 14.12.2015 with the illegal demand of Rs.39,613/- as electricity charges and complainant was surprised to see that the opposite parties had claimed the false charges of previous period for which she was not liable to pay as she had paid all the previous charges which were legally payable. It was pleaded that complainant immediately approached the office of the opposite party No.3 but instead of correcting their bill the officials of the opposite parties had disconnected her electricity connection to further harass and pressurize the complainant. Opposite parties were continuously harassing the complainant by issuing wrong bills with the illegal demand of electricity charges whereas the charges were more than units consumed and the complainant had also requested the opposite parties to check her account and prepare correct bill but they were adamant to harass the complainant by disconnecting her meter. It was further pleaded that complainant was leading the life in dark without the electricity which had brought harassment and defamation to her. It was also pleaded that due to illegal act and conduct of the opposite parties complainant had suffered great mental agony and also suffered harassment mentally as well as physically from the hands of the opposite parties which was also deficiency on their part, hence this complaint.
- 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 the complaint was not maintainable as complainant had come to the Forum with soiled hands and had suppressed the true and material facts from this Ld. Forum and as such complainant was not entitled for any relief from this Ld. Forum as prayed for; complainant has no locus standi to file present false and frivolous complaint; complainant was an abuse on the process of law as she could not save her skin from the clutches of law and to save herself from paying the outstanding amount and complainant had filed the false and frivolous complaint against the opposite parties before this Ld. Forum only to harass and victimize the opposite parties and to drag them into unwanted litigation and as such opposite parties claimed special costs from the complainant. On merits, it was admitted that meter in question was in the name of the complainant. It was stated that bill was of dated 14.12.2015 and not of 14.2.2015 and opposite parties had wrongly written the date of the bill as 14.2.2015. It was stated that opposite parties had issued bill dated 14.12.2015 amounting to Rs.39,630/- and in the impugned bill complainant had consumed 831 units regarding which bill had been mentioned as Rs.5772/- and the other amount was of arrears of previous financial year and arrears of current financial year as complainant had not deposited the previous bills with the opposite parties. It was further stated that demand raised by the opposite parties in bill dated 14.12.2015 was legal and valid as complainant could not challenged the bill/demand which she had not paid to the opposite parties. All other averments made in the complaint have been specifically denied and lastly prayed for dismissal of the complaint with costs.
4. Complainant had tendered into evidence her own affidavit Ex.C1 along with bill dated 14.12.2015 Ex.C2. Sh.Balwant Singh had also tendered into evidence his own affidavit Ex.C3 and counsel for the complainant closed the evidence on behalf of complainant.
5. Sh.Harmanpreet Singh Gill S.D.O. had tendered into evidence his own affidavit Ex.OP-1 and closed the evidence on behalf of opposite parties.
6. We have carefully gone through the pleadings of the parties, arguments advanced by the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of both the counsel for the parties.
7. We find that the complainant had been the holder of consumer A/c # G-44MF-451392 and the present dispute prompted at her having in receipt of the inflated consumption Bill date 14.12.2015 for Rs.39613/- (Ex.C2) further followed by disconnection of her electricity connection.
8. We further find that the OP Corporation in its written reply and the lone evidentiary document produced as its Affidavit Ex.OP1 has deposed that the impugned Bill comprised of Rs.5772/- as current consumption charges for 831 units whereas the balance amount has been the arrears for the current as well as for the previous financial years; but without having provided any reason (logical purpose) and/or details of the arbitrarily alleged ‘arrears’ and that establishes ‘unfair trade practice’ coupled with ‘deficiency in service’ on the part of the OP service providers and that rakes them up for an ‘adverse’ statutory award under the applicable statute. Moreover, the impugned demand as put forth upon the complainant for payment of the arbitrary amount by the opposite party corporation 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 Rules & Regulations etc framed, there under.
9. In the light of the all above, we partly allow the present complaint and thus ORDER the opposite party corporation to withdraw the impugned portion of the Bill in dispute (Ex.C2) other than the current consumption charges of Rs.5772/- and also to restore the electricity supply to the complainant (if not already restored, as yet) within ‘5’ working days of receipt of the copy of these orders besides to pay her Rs.5,000/- as cost and compensation within 30 days of the receipt of the copy of the present orders otherwise the awarded amount shall attract interest @ 9% PA from the date of the orders till actual payment. 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 comprised of applicable consumption charges only.
- 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)
SEPT. 09, 2016 Member.
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