BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

========

Complaint  Case No  :1327 of 2009

Date of Institution :  23.09.2009

Date of  Decision   :  31.01.2011

Prithvi Singh s/o Sh.S.R.Chauhan, resident of House No.1169, Second Floor, Sector 15-B, Chandigarh.

……Complainant

V E R S U S

S.D.O., Electricity Department, Sub Division No.4, Sector 15, Chandigarh.

.…..Opposite Party

CORAM:     SH.LAKSHMAN SHARMA              PRESIDENT

          MRS.MADHU MUTNEJA             MEMBER

PRESENT: Complainant in person.

Sh.Pawan Kumar, SDO O/O OP.

PER MRS.MADHU MUTNEJA, MEMBER

        The instant complaint has been filed by Sh.Prithvi Singh under 11, 12 and 13 of the Consumer Protection Act.

        The complainant is a user of electricity as tenant of House nO.1169, Sector 15, Chandigarh.  The bills are issued in the name of Sh.S.B.Durga, who was the erstwhile owner of the house before sale to Mr.M.M.Sharma, who is the landlord of the complainant.  The complainant has alleged that he was paying the bills regularly when suddenly the charges became excessive.  He contacted the OPs a number of times with a request to examine and rectify the mistake.  At his request, the meter of the premises was changed but even after that the bills, according to him, were very much on the higher side.  The complainant has alleged that the OP is not willing to accede to his request and an amount of Rs.22,539/- is shown as due from him when the complaint was filed.  The complainant filed the instant complaint with a prayer that the OP be ordered to cancel the excessive bill and settle his account as well as pay compensation and litigation expenses.

2]      After admission of the complaint, notice was sent to OP.

        The OP in their reply have submitted that all bills relate only to the actual consumption of power shown in the meter.  The complainant has not paid the bills for the past 16 months and arrears of Rs.24,922/- have accumulated.  When the complainant had filed his complaint, the error in electricity bill due to average billing had been adjusted. 

        On merits, the OP has submitted that as per records, the electricity bills in the instant case for the period 12.6.2008 to 12.10.2008 were charged on average basis.  Since, there was a punching mistake and the bills were excessive, the excess amount was adjusted in the subsequent bills.  Further, at the request of the consumer, the old meter was removed since the complainant had alleged that it was running fast and it was sent to the laboratory for testing.  The electricity bills thereafter were on the basis of actual consumption and the high readings and amount due, are due to non-payment of earlier bills by the complainant.  Further, the meter checked was found to be OK by the Laboratory.  Submitting that there is no deficiency on the part of the department, OP has prayed for dismissal of the complaint. 

3]      Parties led evidence in support of their contentions.

4]      We have heard the complainant in person and OP and have also perused the record.

5]      At the time of arguments, the Complainant kept stressing on the fact that the OPs had arbitrarily charged him an excessive amount for consumption of electricity when actually he was not using as much as alleged. The OPs submitted that on his request the meter had also been checked and verified and found to be working Okay. In this regard, a bare perusal of the bills placed at Annexure C-3 by the Complainant for the period under dispute need to be examined.

6]      The allegation of the Complainant, on a perusal of the above bills, apparently, seem false. The excess bills are due to accumulation of arrears and interest/ late payment surcharge thereon. It is very clear that the Electricity Department has not acted in any malafide way in issuing bills to the Complainant. The meter installed at the premises has also been found okay.  The Complainant has himself submitted that the accommodation provided to him is two rooms, kitchen, bath and toilet. We do not feel that the bills issued for this accommodation are in any way excessive. The bills seem very reasonable and fluctuation, if any, are due to change of weather. In extreme temperatures usage of fans/coolers/geasers/ heaters etc. would vary the consumption accordingly.

7]      In view of the above, we are of the opinion that the Complainant has not been able to make out any case of deficiency or harassment by the OPs. The complaint is accordingly, dismissed, with no order as to costs.

8]     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

31.01.2011

                                   Sd/-                                               

                                (LAKSHMAN SHARMA)

PRESIDENT

                           Sd/-

(MADHU MUTNEJA)

MEMBER