Complainant Manjit Kaur 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 quash bill dated 3.12.2015 amounting to Rs.1,49,470/- and set aside being illegal, null and void. Opposite parties be further directed to pay Rs.10,000/- for mentally and physically harassment and also to pay Rs.10,000/- as legal cost and any other relief which she may be found entitled to be granted.
2. The case of the complainant in brief is that she has installed an electric connection in her house for domestic purpose bearing Account No.G 43MF48142W. She is using the electricity, paying the consumption bills regularly to the opposite parties and nothing is outstanding against her and as such she is consumer of the opposite parties. Her sanctioned and existing load is 1.820 KW. Opposite parties had sent impugned electricity bill dated 3.12.2015 for Rs.1,49,470/-which is illegal, null and void. She was regularly depositing the entire bills which is very much clear from the bare perusal of bill dated 26.3.2015, 21.11.2014 and present complaint bill dated 6.4.2015, 23.5.2016, 3.12.2015, 31.01.2016 and opposite party changed her meter without her any consent and knowledge. The opposite party had been acting arbitrarily and has sent the impugned bill amounting to Rs.1,49,470/- on imaginative consumption as she has no gazettes to use such amount of electricity. She has asked the opposite party to withdraw the bill dated 03.12.2015 amounting to Rs.1,49,470/- as the same is illegal and has not been prepared as per her actual consumption. 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 complaint is not maintainable. On merits, it was submitted that the complainant was issued bill dated 1.10.2015 amounting to Rs.1,39,620/- for the consumption of 18917 units for 621 days i.e. for more than two years out of which complainant had deposited only Rs.10,000/- on 13.1.2016 with assurance to deposit the balance amount i.e. Rs.1,33,530/- before issuance of next bi-monthly bill and vide next bill dated 3.12.2015 the complainant is liable to pay current bill of Rs.5919/- for the consumption of 839 units of 62 days + Rs.43,530/- (as arrears of pre-fin. Year +arrears of current Fin.Year) total of which comes to Rs.1,49,449/- and after receipt of bill dated 3.12.2015 the complainant ha deposited Rs.10,000/- only and the amount of rs.1,39,449/- remained as unpaid (as arrears). And after that the complainant has been issued next bill inclusive of arrear of Rs.1,39,449/- +current bill of Rs.7077/- for 982 units consumed in 59 days but complainant has paid only Rs.10,000/- and Rs.1,36,748/- remained unpaid/arrear and a bill dated 29.3.2016 has also been issued amounting to Rs.1,44,833/- for 1099 units of 52 days (including Rs.1,36,748/- as arrears) The complainant was issued notice dated 25.1.2016 under section 32 of Supply Code but she has not paid the outstanding amount. It was further submitted that complainant was delivered bill dated 31.1.2016 of Rs.1,46,626/- inclusive of current bill, arrear alongwith surcharge but the same was not paid and complainant challenged the working of meter and said bill by depositing Rs.120/- on 19.2.2016 as meter challenge fee and after that MCO No.164164 dated 19.2.2016 was issued which was completed/effected on 25.2.2016 and after removal the said meter was sent to the M.E.Lab alongwith consent letter given by the consumer to check her meter in her absence and as per report of M.E.Lab Meter was found O.K. and after going through the report of M.E.Lab the complainant deposited Rs.25,000/- as part payment on 11.3.2016 and complainant assured to deposit the remaining amount in installments as per availability of funds and in the meantime the complainant deposited Rs.10,000/- on 4.4.2016, Rs.5,000/- on 7.4.2016 and after receipt of by monthly bill dated 30.8.2016 of Rs.1,65,620/- for the 211 days for the consumption of 5758 units inclusive of current bill + arrears surcharge and complainant has deposited Rs.10,000/- on 8.9.2016, Rs.32,908/- on 9.9.2016 and Rs.10,000/- on 9.9.2016 out of said amount of Rs.1,65,620/- inclusive of arrear of Rs.1,27,710/- and surcharge. All other averments made in the complaint have been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Complainant tendered into evidence her own affidavit Ex.C-1, alongwith other documents Ex.C2 to Ex.C8 and closed the evidence.
5. Sh.Amardeep Singh S.D.O. PSPCL tendered into evidence his own affidavit OP1, alongwith other documents Ex.OP2 to Ex.OP-12 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 (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 DS 1.82 KW Connection # G43MF48142W and has filed the instant complaint for statutory redressal of her grievance caused on account of receipt of an excessive consumption Bill dated 03.12.2015 for Rs.1,49,470/- drawn by the opposite party Corporation. 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 disconnected the 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 its affidavit Ex.OP1) of the consumer’s liability to pay the consumption Bills regularly whereas the present complainant has not paid the consumption Bills for the last two years nearly except the amounts directed to be deposited by the forum during the course of previous and the present complaints. The OP Corporation has satisfactorily supported its assertions through its affidavit and various Bills/letters reminders etc exhibited here as Ex.OP1 to Ex.OP12. 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. Moreover, 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 also in accordance with the legally accrued amounts as per the Sales & Distribution of Electricity Rules & Regulations.
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 # 4 (the SDO) to respectfully summon the complainant to his office within a period of 15 days of the receipt of the copy of these orders and patiently explain to her the full details of her pending unpaid Bills along with her monthly consumption having left out unpaid for the last two years and the valid logic to recover the electricity consumption charges i.e., public money as per the Govt. Policy and Orders and the complainant in turn is further directed to pay out all her balance outstanding Bills (consumption charges only) within 30 days of getting clarifications to her queries at the hands of the opposite party service providers. In the meantime, the complainant shall however remain liable to pay all her accrued charges for her actual consumption on regular basis.
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)
January, 30 2017 Member
*MK*
