The grievance of the complainant is that he is a consumer of the Opposite Parties vide consumer No: D10-433(New No. 713202360380 ) and he was regularly paying the Electricity bills of the O.Ps for 0.48 K.W. There was no outstanding arrears against him till February, 2015. But surprisingly he has received an exaggerated bill demanding a sum of Rs 33,097/- for the month of April, 2015 showing 5125 units consumption in the month of April/May which is extremely high in compare to previous months consumptions and such demand by the O.Ps is without any basis. Further case of the complainant is that he requested the Ops and requested them to issue correct bill but they remined silent till the date of filing the case. The issue of exaggeration bill has caused him financial loss, mental agony and physical harassment. Hence he has approached this forum for the protection and relief as per his prayer.
On receipt of notice, the Opposite Parties appeared once and thereafter they neither appeared nor filed their written version hence, both the OPs are set ex-parte.
In the absence of any representation from the Opposite Parties we have gone through the documents and all other evidence placed before us by the Complainant. In course of hearing we have gone through the bill of April’15 –May’15 wherein Rs. 32,290/- has demanded from the complainant as electric charges for 5819 units. We have also gone though the Bi-monthly bills of October-November, 2014 & December-January, 2015 issued on actual basis wherein it is found that the complainant consumed 208 units only in the month of October-November, 2014 and 120 units in the month of December,-January, 2015. Hence charging 5819 units in the month of April-May, 2015 is completely illegal and without any basis.
. We are of the considered opinion that due to the fault on the part of the Opposite Parties, they remained silent without rebutting the allegation of the complainant and did not choose to file their written version in this case.
We come across a decision of the Hon’ble Supreme Court in the matter of Vidya Dhar-versus-Munkif Rao and another reported in 1992(2) Civil Court Cases at page-91 held that “ if a party did not adduce any evidence in rebuttal, then adverse inference should drawn against the party for not rebutting the evidence”.
We are fortified by a decision of the Hon’ble High Court of Jammu & Kashmir in the matter of Fiat India Pvt. Ltd. Versus Dr. Zahid Hussain Gillari and others reported in 2003 CTJ 953(CP) wherein the Hon’ble High Court held that “it is well settled that where the averments made in the complaint are un-rebutted, the presumption is that the averments are true and correct”.
Keeping in view the above referred case laws, which are applicable on the facts and circumstances of the case, we have come to the conclusion that complaint is tenable We find that the Opposite Party No- 1 & 2 are deficient in service and committed unfair trade practice in this case for which the complainant is entitled to an appropriate order in terms of Section 14 of the C.P. Act. Hence, we proceed to pass the following order. Hence it is ORDERED :
ORDER
The bill of April-May,2015 issued against the complainant be quashed.The opposite parties are directed to issue proper bill after fixing a new and perfect meter at the cost of the Opposite Parties, after observing three months consumptions, fix average monthly consumption for entire disputed period, deduct the total payments made by the complainant from the total amounts and the complainant is to pay the said revised amount after its receipt on installment basis. The Forum also ordered the O.Ps to pay Rs. 5,000/ - to complainant as compensation for mental agony and Rs.3,000/- as cost of the case within 30 days from the date of the order.
The complaint petition allowed.
Copy of the order be communicated to the Parties as per rules.
Delivered in open forum on this the 26th November, 2015.
