Complainant Satya Devi through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that opposite party be directed to cancel and set aside the illegal, excessive impugned bill and the subsequent electricity bills uptodate and also be directed to change her meter free of costs. She has also claimed Rs.50,000/- as damages along with interest @ 18% PA on account of deficiency in service on the part of the opposite party and also for mental tension, agony, harassment and financial loss, all in the interest of justice.
- The case of the complainant in brief is that complainant was having electricity connection in her name vide account No.CF-22/2225M which was a domestic connection. It was pleaded that in the month of May, 2015 complainant moved an application to SDO/Asstt. Executive Engineer PSPCL Dinanagar for change of above said meter and in this application it was clearly mentioned by the complainant that the meter of the complainant without any electricity consumption consumes near about 50 to 55 units whereas complainant was residing in only one room where she was having one fan, one 60 Watts bulb and one 0.5 KW motor for water supply. It was pleaded that on the application of the complainant a checking report was prepared by the concerned Asstt. Executive Engineer and SDO PSPCL Dinanagar in which it was admitted by the concerned officials that meter of the complainant was to be changed and it was found that the same was defective and the same was sent to ME Lab. and application was considered on 28.5.2015 and after one month opposite parties demanded the charges for change of meter as per complaint of the complainant and instructed her to deposit Rs.525/- as the value of new meter and the same was deposited by the complainant with the opposite party vide receipt No.459 Bill No.4571 dated 22.7.2015. It was further pleaded that in the month of September 2015 complainant received a bill dated 30.8.2015 on average basis of Rs.38270/- in which the balance of current account was shown on the part of the complainant. Complainant was shocked when she received this illegal impugned bill and immediately approached the opposite parties and enquired about the bill in question but the opposite party did not give any satisfactory reply and threatened her that they will disconnect her electricity connection if she fails to deposit the entire amount of Rs.38270/- within the stipulated period. It was pertinent to mention here that electricity bill of the complainant for the previous months never exceeded to Rs.800/- per month. It was also pleaded that the act of the opposite party for sending the illegal impugned bill and also threatened the complainant to disconnect her electricity connection on non payment is illegal, null & void. Complainant is the consumer of the opposite party and she is not liable to pay any excessive and illegal bill and opposite party also not liable to receive the same from the complainant and they have committed negligence and deficiency in service and is liable to cancel the bill dated 30.8.2015. It was next pleaded that complainant requested the opposite party to cancel the bill in question and to pay Rs.50,000/- as damages but the opposite party but the opposite party has refused to admit the genuine claim of the complainant, hence this complaint.
- Notice of the complaint was served upon the opposite party who appeared through their counsel and filed the written reply by taking the preliminary objections that complainant has filed the false and frivolous complaint; complainant has not come to the court with clean hands; present complaint is not maintainable and complaint of the complainant is bad for non joinder and mis joinder of necessary parties. On merits, it was stated that complainant had not moved any application to the opposite party. It was stated that amount demanded by the opposite party was unpaid energy charges of the complainant which she did not pay since May, 2015 uptill. It was denied that opposite party threatened the complainant. All other averments made in complaint have been denied and lastly prayed for dismissal of the complaint with costs.
4. Complainant had tendered into evidence her own affidavit Ex.C1 along with document Ex.C2 to Ex.C5 and closed the evidence.
5. Counsel for the opposite party had tendered into evidence affidavit of Inderjit Singh Cheema SDO Ex.OP-1 along with consumption data Ex.OP-2 and closed the evidence on behalf of opposite party.
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. From the entire above discussion, it stands fully proved on record that the complainant is a consumer of electricity connection bearing Account No.CF-22/2225M installed in her name in her residential house .The complainant received bill dated 30.08.2015 for Rs.38270/- Ex.C-5 which according to the complainant is inflated and excessive as she is a poor and has a small house to live. She has placed on record copies of the letter Ex.C2, receipt of Rs.520/- Ex.C3, bills Ex.C-4 and Ex.C5. On the other hand, the opposite party has submitted that they have rightly issued the bill dated 30.08.2015 for Rs.38270/-based on actual consumption. A bare perusal of the file shows that the complainant wrote a letter Ex.C-2 in which she requested the opposite party that reading of her meter has increased and her meter be got checked. This letter was written prior to the issuance of the bill in dispute. The opposite party has not given any reason for the increased reading of the meter of the complainant. No explanation or justification has been given by the opposite party as to how such a huge consumption was shown by the meter of the complainant when the sanctioned load of the complainant is less than 1 KW. Complainant has a small house having one room only. Opposite party has not enquired as to whether there was any special occasion in the house of the complainant i.e. there was any marriage function or any other function in the house of the complainant which allowed the complainant to use the electricity to such an extent. We are failed to understand as to how the meter of the complainant showed such a huge consumption of electricity. Opposite party has failed to justify the consumption of 3018 units.
8. Consequently, we hold that the complaint is with merits and is partly allowed with costs and bill dated 30.08.2015 for Rs.38270/- is set aside and the amount deposited if any during the pendency of this complaint is directed to be refunded to the complainant. Opposite party is also directed to pay litigation expenses of Rs.2000/- to the complainant. Compliance of the order be made within a period of 30 days from the date of receipt of copy of order failing which proceedings U/s 27 of the Consumer Protection Act would be initiated against the opposite parties.
9. 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)
JULY 14, 2016 Member.
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