Order dictated by:
Smt.Mandeep Kaur, Member
1. Sh.Yadvinder Singh, complainant has brought the instant complaint under the Consumer Protection Act, on the allegations that he is an agriculturist and belongs to a well reputed family. It is the case of the Complainant that in the year 2008, Sh.Gurbhej Singh father of the Complainant had filed an application with the Opposite Party for issuance of domestic electric connection in his house situated in the area of village: Fateh Ullah Shah Wala, District Moga and in this regard, he also deposited Rs.1200/- on account of security with the Opposite Party; that after long wait, the Opposite Party had issued a domestic electric connection bearing account No.QK27-0849 in favour of Gurbhej Singh father of the Complainant in his old built up house. It is the case of the Complainant that the electric connection is running in his house since long back, but the Opposite Party never issued any consumption bill to Gurbhej Singh father of the Complainant. In this regard, Gurbhej Singh approached the Opposite Party on various occasions and made requests, but the Opposite Party postponed the matter on one pretext or the other. However, it was the duty of the Opposite Party to maintain the record regarding the supply of energy to the house of Gurbhej Singh. Lateron Sh.Gurbhej Singh expired about one year back and after his death, the Complainant is residing in the said house where the electric connection in question is running. After the death of Gurbhej Singh, the Complainant visited the office of Opposite Party number of times and requested them to issue the consumption bills of the electric connection in question, but the Opposite Party did not give any satisfactory reply, rather threatened to recover huge amount regarding the period of last about 9-10 years and also threatened that the electric connection in question will be disconnected. Now about six months back, the Opposite Party had forcibly disconnected the electric connection in question and also removed the electric meter from his premises and at present, no electric supply is being given to the house of the Complainant; that the electricity is a primary necessity of life and due to disconnection of his connection, the children of the Complainant could not continue their study and as such, the Opposite Party has caused great mental tension and agony to the Complainant. There is no fault on the part of the Complainant or his father; rather the consumption bills were not sent by the Opposite Party. Now the Opposite Party wants to recover whole of the bill since the year 2008, whereas as per law, the Opposite Party can recover the amount of bills relating to the last two years and as such, the act and conduct of the amounts to deficiency in service. The Opposite Party was requested many a times to admit the rightful claim of the Complainant, but they finally refused to do so, hence this complaint is filed due to deficiency in service on the part of the Opposite Party. Vide instant complaint, the complainant has sought the following reliefs.
- Opposite Party be directed not to harass the Complainant by demanding any huge amount from the Complainant in respect of the electric connection in question and the Opposite Party may be directed to send the consumption bills every month.
- Opposite Party may also be directed to restore the electric supply to the premises of the Complainant and further the Opposite Party may be restrained from recovering any amount relating the period of more than two years forcibly ad illegally.
- Any other appropriate relief as this Forum deems fit and proper may also be awarded to the Complainant.
Hence, this complaint.
2. Upon notice, Opposite Party appeared through counsel and contested the complaint by filing the written version taking preliminary objections therein inter alia that the present complaint is not maintainable; that this Forum has got no jurisdiction to try and decide the present complaint; that the Complainant has got no locus standi to file the present complaint; that the Complainant has concealed the material facts from this Forum. Actual facts are that father of the Complainant had applied for electric connection in the year 2007 and deposited a fee of Rs.1290/- vide receipt No.87/1867E and accordingly, the electric connection was issued in the name of Gurbhej Singh (father of the Complainant) and meter No.12362237 having 10-60 Amp.capacity make flash was installed at the premises of Gurbhej Singh in village: Fateh Ulla Shah Wala, District Moga. Said electric connection was running in the name of Gurbhej Singh since 2007. Inspection was done by official of the Corporation on 14.7.2017 and they found that the Complainant was consuming over load of electricity i.e. 3.518 KW than the sanctioned load of 1.00 KW and accordingly an amount of Rs.7020/- was imposed upon him for consumption the over load, but however nothing was paid by Gurbhej Singh towards the consumption of electricity, so the said connection became defaulter since 2007. Thereafter, a notice bearing memo No.717 dated 27.07.2017 alongwith bill for a sum of Rs.64,954/- was issued for raising a demand of Rs.71,974/- i.e. (Rs.64,954/-+ Rs.7,020/-), but the Complainant never bothered to pay the said amount and continue to consuming the electricity as such, the amount was rightly added in next bill. Thereafter, another bill raising a demand of Rs.79,243/- was issued in the month of 08/2017, but the consumer did not pay any amount, so the said connection has been disconnected. Again notice has been issued by Opposite Party vide memo No. 1081 dated 14.06.2018 for Rs.85,649/- to the Complainant and hence, there is no deficiency in service on the part of the Opposite Party. On merits, the Opposite Party took up almost same and similar pleas as taken up by them in the preliminary objections. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.
3. In his bid to prove the case, complainant tendered into evidence his affidavit Ex.C1 in support of the allegations made in the complaint and also produced copy of some hand-written writing and closed the evidence on behalf of Complainant.
4. On the other hand, to rebut the evidence of the Complainant, the Opposite Party tendered into evidence the affidavit of Er.Varinder Singh, SDO Ex.OP1 alongwith copies of documents Ex.OP2 to Ex.OP7 and closed the evidence on behalf of the Opposite Party.
5. We have heard the complainant and ld.counsel for Opposite Party and have carefully gone through the evidence on record.
6. During the course of arguments, the Complainant has mainly reiterated the facts as narrated in the complaint and contended that in the year 2008, Sh.Gurbhej Singh father of the Complainant had filed an application with the Opposite Party for issuance of domestic electric connection in his house situated in the area of village: Fateh Ullah Shah Wala, District Moga and in this regard, he also deposited Rs.1200/- on account of security with the Opposite Party. It was further contended that after long wait, the Opposite Party had issued a domestic electric connection bearing account No.QK27-0849 in favour of Gurbhej Singh father of the Complainant in his old built up house. It was further contended that the electric connection is running in his house since long back, but the Opposite Party never issued any consumption bill to Gurbhej Singh father of the Complainant. In this regard, Gurbhej Singh approached the Opposite Party on various occasions and made requests, but the Opposite Party postponed the matter on one pretext or the other. However, it was the duty of the Opposite Party to maintain the record regarding the supply of energy to the house of Gurbhej Singh. Lateron Sh.Gurbhej Singh expired about one year back and after his death, the Complainant is living the said house where the electric connection in question is running. After the death of Gurbhej Singh, the Complainant visited the office of Opposite Party a number of times and requested them to issue the consumption bills of the electric connection installed in his premises, but the Opposite Party did not give any satisfactory reply, rather threatened to recover huge amount regarding the period of last about 9-10 years and also threatened that the connection will be disconnected. Now about six months back, the Opposite Party had forcibly disconnected the electric connection in question and also removed the electric meter from his premises and now no electric supply is being given to the house of the Complainant; that the electricity is a primary necessity of life and due to disconnection of his connection, the children of the Complainant could not continue their study and as such, the Opposite Party has caused great mental tension and agony to the Complainant. That there is no fault on the part of the Complainant or his father; rather the consumption bills were not sent by the Opposite Party. Now the Opposite Party wants to recover whole of the bill since the year 2008, whereas as per law, the Opposite Party can recover the amount of bills relating to the last two years and as such, the act and conduct of the amounts to deficiency in service.
7. It is not disputed that on 04.12.2007 Gurbhej Singh father of the Complainant made a request to the Opposite Party for the release of the connection in his residential premises and in this regard, he has also deposited Rs.1270/- vide receipt No.87 dated 4.12.2017 with the Opposite Party, copy of the receipt accounts for Ex.OP2 on the record and accordingly, the Opposite Party released the domestic electric connection bearing account No.F26DK270849 in the name of Gurbhej Singh. It is also not disputed that since the date of installation of the said connection, neither Gurbhej Singh nor his son i.e. Complainant Yadvinder Singh has paid any penny to the Opposite Party for consumption of electricity and at last, due to non payment of the running consumption bills, the Opposite Party issued memo No.717 dated 27.07.2017 to Gurbhej Singh father of the Complainant to deposit Rs.71,974/-, copy of which is placed on record as Ex.OP5, but despite receipt of notice, neither Gurbhej Singh nor the Complainant paid any heed to said notice and thereafter again the Opposite Party issued another notice bearing No.1081 dated 14.06.2018 for Rs.85,649/- to Gurbhej Singh, copy of which is Ex.OP6, but again neither Gurbhej Singh nor his son (Complainant) bothered to pay the actual consumption bill of the electricity nor filed any objection to the said notices. At last, the Opposite Party added the impugned amount in the consumption bills, copies of the bills accounts for Ex.OP3 and Ex.OP4. To corroborate these versions of the Opposite Party, the Opposite Party also placed on record the copy of inspection report dated 14.07.2017 Ex.OP7. These documents are nowhere rebutted by the Complainant by producing any cogent and convincing evidence. First of all, the Complainant has failed to produce any evidence or document on record, if the original consumer Gurbhej Singh has since died and the Complainant has stepped into shoes of his father after his death being ‘beneficiary’ of the said connection as required under law. Further, the Complainant has nowhere produced any proof, if he or his father ever wrote any letter to the Opposite Party for issuing them the consumption bill (s) during the intervening period of last 10 years i.e. since the date of installation of the electric connection i.e. 2007. In this way, initially Gurbhej Singh and thereafter, the Complainant were taking the illegal benefits of the electricity without making any payment to the corporation from the last more than 10 years and now when the Opposite Party has disconnected his connection, then the Complainant has filed the instant complaint before this Forum. Hence, we have no hesitation to believe these admitted/ unrebutted documents produced by the Opposite Party on record and we are of the view that the Complainant has failed to prove his case and in this way, there is no deficiency in service on the part of the Opposite Party.
8. In view of the aforesaid facts and circumstances of the case, there is no merit in the case and the instant complaint is hereby dismissed. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be supplied to the parties free of costs and thereafter, the file is ordered to be consigned to the record room after compliance.
Announced in Open Forum.
Dated: 31.08.2018.
(Mandeep Kaur) (Bhupinder Kaur)
Member Presiding Member
