Complainant Sohan Singh 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 declare the demand of Rs.33,494/- raised by opposite parties in disputed bills illegal, null and void and to withdraw the same and to accept the bills as per actual consumption. Opposite parties be further directed to pay Rs.20,000/- on account of deficiency in service and Rs.20,000/- as litigation expenses alongwith interest @ 12% p.a. to him, in the interest of justice.

2.        The case of the complainant in brief is that he is consumer of the opposite parties and using domestic electric connection bearing account no.300018803 in his name and paying bills regularly to opposite parties.  Previously opposite parties issued a bill dated 8.4.2015 in which opposite parties raised a demand of Rs.33,494/- on account of arrears of current year illegally and same was challenged by him by filing complaint in this Forum and same was decided on 20.10.2015 with directions to the opposite parties to furnish detail of the impugned bill to him by way of issuing fresh notice, but opposite parties failed to comply with the orders and then he filed application U/s 27 of CPA on 13.5.2016 and after receiving summons in abovesaid execution the opposite parties issued a letter dated 20.5.2016 to him in which reference of one letter dated 19.2.2016 is given, which was never received by him. It is next pleaded that copy of letter dated 19.2.2016 was also attached with letter dated 20.05.2016 and detail given by the opposite parties in letter dated 19.2.2016 regarding the disputed amount is illegal, false and frivolous one. He has further pleaded that in previous complaint, he deposited one third amount of the disputed amount i.e. Rs.11,165/- vide cheque no.787994 dated 29.7.2015 and remaining amount was remained stayed but now the opposite parties again threatening him to deposit the disputed amount failing which they will disconnect his connection. Opposite party again issued a bill dated 3.6.2016 in which consumption of units has been shown as 486 units, which fact also shows that his consumption  remained under 500 units and little more in summer season and his bill remained under Rs.3000/- and this fact is also clear from the history of consumption mentioned in the challenged bill i.e. bill dated 8.4.2015 and bill dated 8.6.2015 in which consumption in one place is mentioned as 7077 units which is otherwise not possible and now detail given by the opposite parties in letter dated 19.2.2016 is not believable and as such disputed amount is liable to be withdraw being illegal and baseless. Moreover, his meter was changed by the opposite parties in the month of January 2015 in his absence and same was neither sealed nor checked in ME Lab in his presence. Opposite parties issued another bill dated 3.6.2016 and last date of paying the above bill is 21.6.2016 and in this bill also the arrears have been shown which is illegal and liable to be withdrawn. 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 present complaint is not maintainable. On merits, it was submitted that the letter has been duly sent in which as per award the detail has been duly given. In the letter the detail of each and everything has been given. The complainant has filed the present complaint again to harass the opposite parties. The letter is legal and valid. In the letter dated 19.2.2016, it has been duly stated that as per order passed by the ld.Forum, the detail of the bill is to be given and it has been duly stated that the amount shown is of arrears and of actual consumption of units. The meter of the complainant was changed due to ‘M’ Code as the meter seals found broken. At that time as per Computer Record, Bill of 5477 unit was recorded. The detail of which has been duly given in the letter dated 19.2.2016. The demand made in the letter dated 19.2.2016 is legal and valid. It was next submitted that the abovesaid facts have no link with the matter in dispute as no amount has been demanded regarding the change of meter. The amount relates to actual consumption and is on the basis of reading at the time of change of meter and of new meter. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.      Counsel for the complainant tendered into evidence affidavit of complainant Ex.CW-1/1, alongwith other documents Ex.CW-1/2 to Ex.CW-1/8 and closed the evidence. 

5.       Counsel for the opposite parties tendered into evidence affidavit of Sh.Amardeep Singh Nagra, S.D.O. PSPCL Ex.OP1, alongwith other documents Ex.OP2 to Ex.OP-5 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 adjudicate the inter-se dispute (under the C P Act’ 1986) prompting the present complaint. We find that the complainant had been the holder of DS Electric A/c # 300018803 installed at his premises and has been paying his consumption charges on regular basis. However, he was shocked to receive exaggerated Bill dated 08.04.2015 raising an arbitrary demand with the current arrears of Rs.33,494/- (Ex.CwI/2) sans any details and/or prior notice etc and without an opportunity of being heard giving prompt to consumer complaint # 238/ 2015 disposed of on 20.08.2015 directing the opposite party service providers to raise its demand afresh providing complete details of the impugned Bill within 45 days of the date of orders.

7.       Somehow, the OP Corporation allegedly stayed indifferent but prompted its reply (in execution) vide letter # 535 (20.05.2016) implanting therein letter # (not legible) of 19.02.2016 but with hurried/ unsatisfactory details as an eyewash only sans any signed meter-reading (upon its removal) with no signed results etc of Lab Testing and/or deposition of the Test Lab Engineer etc. Having no respite to his continuous consumer grievance provided prompt to the instant complaint.     

8.       We further find that the OP Corporation in its written reply (supported by the other evidentiary documents produced as Affidavit Ex.OP1 to Ex.OP5) has deposed that the impugned Bill comprised of charges for 5477 units as per the computerized records of the current year a/c arrears but the same have omitted to be produced and instead manual records Ex.OP2 & Ex.OP3 have been produced that does not even tally with the details of letters Ex.OP4 & Ex.OP5 whereas the impugned Bill Ex.CW1/2 clearly shows current year arrears of Rs.33,494/- sans details dyeing it into the hue of arbitrariness in the wake 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 (to the tune of Rs.33,494/-) in dispute (Ex.CW1/2) other than the current consumption charges and also to refund (the deposited amount of

 Rs.11,165/- on 29.07.2015 with due appropriation of outstanding consumption, if any, deposited in its partial/full discharge etc) to the present complainant besides to pay him a sum of Rs.3,000/- as cost and compensation within 30 days of the receipt of the copy of these orders otherwise the awarded aggregate amount shall attract interest @ 9% PA from the date of the complaint 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.

10.      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)

October,27 2016                                                              Member

*MK*