Complainant Stephen 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 withdraw the impugned demand raised vide bill dated 27.8.2015 and to set aside/quash the bill in question and issue bill after making proper consumption and also to withdraw their illegal threat to disconnect his electric connection. Opposite parties be also directed to pay Rs.10,000/- for harassment and mental agony alongwith litigation expenses, in the interest of justice.
2. The case of the complainant in brief is that he is consumer of the opposite party as he has got installed an electric meter in his house for domestic purpose bearing Account No.G 31 EF 921882 M. He has been paying the consumption bills regularly to the opposite parties. He has further pleaded that the opposite party issued bill dated 27.8.2015 for Rs.36,980 /- to him in which the opposite parties have raised the illegal demand of Rs.31,657/- as Sundry Charges and Allowances. Actually, the said demand raised in the impugned bill is illegal, null and void and is not binding upon him as nothing is outstanding against him towards the electricity charges. Thereafter, he approached the opposite party no.4 and requested them to withdraw the impugned demand raised in the impugned bill but of no avail. Thus there is deficiency in service on the part of the opposite parties. 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 in the present form; the complainant has got no locus standi to file the present false and frivolous complaint; this Ld.Forum has got no jurisdiction to entertain and try the present complaint and the complainant has filed the false and frivolous complaint against the opposite party. On merits, it was submitted that the complainant has moved an application to the opposite party no.4 for change of his meter. Accordingly, the application of the complainant was accepted and the electric meter of the complainant was removed and new electric meter was later on installed. Due to the fault in the meter, the opposite parties have issued three bills to the complainant for the months of September 2014 to January 2015 on Average basis. Later on the account of the complainant was checked and it was found that the complainant has used 6258 units, to which he has been issued a bill dated 27.8.2015 for Rs.36,980/- to the complainant, as per rules and regulations of the Department. Even it was also found that the Meter of the complainant was not O.K. and it was defective one which has been checked in the M.E.Lab. The report of which would be produced at the time of evidence. The demand raised by the opposite parties amounting to Rs.36,980/- from the complainant is legal, valid and genuine one, as the same has been made on account of consumption of 6258 units. The bill has sent on the basis of the actual units consumed as shown by the meter reading which is evident from the Consumer Ledger. 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.C1, alongwith other documents Ex.C2 to Ex.C4 and closed the evidence.
5. Counsel for the opposite parties tendered into evidence affidavit of Sukhdev Raj S.D.O. Ex.OP1, alongwith other documents Ex.OP2 to Ex.OP4 and closed the evidence.
- We have duly considered the pleadings of both the parties; heard the arguments advanced by their counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint.
7. From the pleadings and evidence on record it is clear that complainant is the consumer of the opposite parties vide account No.G 31 EF 921882 M. Complainant has mainly challenged the bill dated 27.8.2015 amounting to Rs.36,980/- in which the opposite parties have raised the illegal demand of Rs.31,657/- as sundry chares. Complainant had further alleged that opposite parties had put extra misc. charges and had sent the bill in question to him.
8. On the other hand opposite parties have submitted that the complainant has moved an application to the opposite party no.4 for change of his meter. Accordingly, the application of the complainant was accepted and the electric meter of the complainant was removed and new electric meter was later on installed. Due to the fault in the meter, the opposite parties have issued three bills to the complainant for the months of September 2014 to January 2015 on Average basis. Later on the account of the complainant was checked and it was found that the complainant has used 6258 units, to which he has been issued a bill dated 27.8.2015 for Rs.36,980/- to the complainant, as per rules and regulations of the Department.
9. From the entire above discussion we are of this considered view that opposite parties have rightly claimed the demand of Rs.36,980/- vide bill dated 27.8.2015 as the differences of unpaid units as the complainant had consumed more units than that of the paid charges. We find that there is no merit in this complaint and the same is dismissed with no order as to costs.
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)
JAN. 18, 2016 Member.
*MK
