Complainant Ravinder Kumar 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 set aside/quash the bill in question and to withdraw the impugned demands raised in the impugned bill dated 5.5.2017 and to issue correct bill as per the consumption and opposite parties be further directed to pay compensation alongwith litigation expenses to him, in the interest of justice.

2.        The case of the complainant in brief is that he has got installed an domestic electricity connection bearing Account No.3000129216. He is regularly paying the electricity charges without any default and nothing is outstanding against him. Thus, he is consumer of the opposite parties. His connected load is 0.900 KW and his consumption of the electric meter was very meager as he is having small house and his average bills were in between Rs.300/- to Rs.500/-. The opposite party has issued a bill dated 5.5.2017 for Rs.36,000/- wherein the opposite parties have illegally added the amount in the nature of Arrears of Current Year and previous year. The fact remains that nothing is due against him towards the electricity charges since his previous bill has been paid and the same is crystal clear from the last bills. He has never committed theft of electricity. The said demand raised by the opposite party vide its bill are illegal, null and void and he is not binding to pay this amount of bill. After receiving the impugned bill dated 5.5.2017 he approached to the office of the opposite party no.1 and requested him to withdraw the impugned demand raised in the bill but they refused to admit his claim. 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 complainant has not been charged anything else than consumption charges and hence present complaint is not maintainable and complainant has concealed material facts from this Hon’ble Forum and hence the present complaint deserves dismissal on this score alone. On merits, it was submitted that the meter reader could not take the reading of the meter of complainant due to inadvertent reason. The opposite parties had been sending bills to the complainant based on average charges bi-monthly. The complainant contacted opposite party on 31.03.2017 and electricity bills of the complainant from 18.5.2015 to 31.03.2017 were overhauled and bill for this period was prepared on the basis of actual consumption of 6211 units of electricity and hence a sum of Rs.41,087/- was worked out. Complainant during the abovesaid period had deposited a sum of Rs.7858/- on account of electricity charges with opposite parties and hence a sum of Rs.33,230/- (41087-7858) was recoverable from complainant on account of consumption charges upto 31.03.2017. This amount of Rs.33,230/- was carried forward in the bill of the complainant for the period of 31.3.2017 to 05.05.2017 which was issued the complainant on 5.5.2017. The current bill of the complainant from 31.3.2017 to 5.5.2017 is Rs.2231/- on account of 337 units of electricity and hence a sum of Rs.36,490/- alongwith surcharge was worked out which is recoverable from the complainant on account of energy charges. 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.C6 and closed the evidence. 

5.       Counsel for the opposite parties tendered into evidence affidavit of Sh.Pritpal Singh S.D.O. Ex.OP-1 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 observe that the complainant had been quite a long time consumer of the opposite party service providers/ corporation being the valid holder of the 0.9 KW DS Power Connection (Affidavit Ex.C1) with A/c # 3000129216, at his family residence. He has filed the instant complaint for the statutory redressal of his grievance caused on account of receipt of an excessive consumption Bill dated 05.05.2017 for Rs.36,490/- (Ex.C6) followed by successive threats of disconnection on the same pattern by the opposite party Corporation. The evidentiary affidavit Ex.C1 and other documents Ex.C2 to Ex.C6 as produced by the complainant satisfactorily and sufficiently prove the complaint-raised allegations.

7.       Upon appearance, the OP service providers have somehow, deposed (Ex.OP1) that their Meter Reader could not take the Complainant’s Meter Readings due to ‘inadvertent’ reasons (Sic) and as such the complainant’s A/c was overhauled w e from 18.05.2015 to 31.03.2017 and an amount of Rs. 41,087/- was worked out that upon appropriation gets reflected into the instant demand of Rs.36,490/- that the complainant has been liable to pay the same that being the cost of actual consumed units, at his house. 

8.       Somehow, we find that the impugned demands as put forth upon the complainant for payment of the consumption charges by the opposite party corporation has not been a matter of routine and also not in accordance with the legally accrued amounts as per their own Sales & Distribution of Electricity Rules & Regulations and the details were neither detailed out in the impugned Bill nor any pre-notice was served, as requisite. We find that the complainant has been within his consumer rights to demand and learn of the detailed calculations and rules (under which demanded) pertaining to the impugned Bill drawn upon him as cost of actual consumption. The Bills and Payment Receipts (Ex.C2 to Ex.C4) as produced by the complainant cogently prove that ‘consumption charges’ as demanded by the OP Corporation up to March’ 2017 stood paid when the impugned demand Bill (Ex.C5) dated 05 .05.2017 for Rs.36,000/- was raised (further enhanced Ex.C6 to Rs.36,490/-).         

9.       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 # 1 (the SDO) to recall and set-aside the impugned Bill and instead raise an appropriately detailed demand upon the complainant (for his actual ‘consumption’) in conformity with the applicable ‘Sales & Distribution Regulations’ besides to pay him Rs.5,000/- as cost and compensation (for the harassment and financial expense caused by the instant forced upon litigation) within a period of 15 days of the receipt of the copy of these orders otherwise the awarded amount shall attract interest @ 9% PA from the date of the orders till actually paid. In the meantime, the complainant shall however remain liable to pay all his current and future consumption charges for his actual consumption on regular basis. 

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)

May,18 2018                                                                    Member

*MK*