F I N A L   O R D E R

The complainant filed this case U/S 12 of Consumer Protection Act, 1986 with the prayer directing the O.P. to correct the illegal outstanding bill, to receive the current bills, not to disconnect electric connection of the complainant, to pay litigation cost Rs.10,000/- and to pay compensation of Rs.45,000/- for mental agony and harassment.

The case of the complainant in short is that the complainant was/ is the bonafide consumer of the O.P. having a domestic electric connection in his premises vide Consumer ID No.- 432024055.

Complainant having a proprietorship business in the name and style M/s Lokman Aata and Oil Industry and enjoying electric connection till date from that electric meter and had been paying electric bills regularly. But in 2008 he could not able to continue the business for about 3/4 months and the electric connection was disconnected by the O.P. Then observing all formalities and paying arrear bills he got reconnection on 28.04.2008. Suddenly, on 21.12.2012 he received a bill for the month of Dec’2012 of Rs.339.52 along with outstanding Rs.19,016.79 for the period Jan’2012 to Nov’2012. He paid the said bill amount but the O.P. collected the same showing as outstanding bill for Apr’2008.

Again on 12.02.2013 O.P. send a bill for the month of Feb’2013 of Rs.930.20 along with outstanding Rs.42,876.43 for Apr’2008 Thereafter, O.P. threatened to disconnect the electric connection pressing to pay the outstanding bill within due time. Therefore, the complainant was forced to come before this Forum.

O.P. No.1 appeared and filed written version denying the allegations of the complainant stating inter alia that the complainant is a industrial consumer and his bill for the period for Apr’2006 and Apr’2008 the consumption of electric bill amounting to Rs.22,150/- became due and six installments  was sanctioned to repay the arrear but the complainant did not complied and O.P. further claims that total dues up to June, 2013 is Rs.64,913/-. Therefore O.P. prayed for dismissal of this case.

However, O.P. No.2 did not appear to contest the case. So, the case is heard ex-parte against the O.P. No.2.

DECISIONS WITH REASONS

To prove his case, the complainant submitted memo of evidence, photocopies of electric bills and payment receipts.

The O.P. also submitted W.V. but did not adduce any evidence nor filed any document to deny the case.

We carefully perused the petition of complaint, photocopies of documents, W.V., and considered the argument advanced by the parties.

On perusal of the complaint petition and on scrutiny of the photocopies of electric bills it reveals that the complainant was/ is the bonafide consumer of the O.P., since inception of installation of electric connection in the premises of the complainant. The complainant was/ is paying the electric bills regularly. However, when he discontinue his business in the year 2008 for 3/4 months and electric connection was disconnected, he paid the arrear bills and reconnection charge on 28.04.2008 and again runs his business paying electric bills regularly. But only on 21.12.2012, O.P. sent bill for the month of Dec’2012 of Rs.339.52 and showing outstanding of Rs.19,116.79 for the period Jan’12 to Nov’12. He was forced to pay the same. But O.P. illegally collected the same showing outstanding bill of Apr’2008. Perused the said payment receipt of Rs.19,450/- dated 14.01.2013 with note “bill paid for Apr.2008”. He also paid reconnection charge of Rs.100/- on 14.01.2013. Thereafter, O.P. received the bill dated 12.02.2013 for the month Feb’2013 of Rs.930.20 and showing outstanding Rs.42,876.43 for Apr’2008, Jan’2012 to Jan’2013.

Complainant therefore argues that since he paid on 14.01.2013 Rs.19,450/- including the outstanding amount for the period from Jan’2012 to Nov’2012, then how O.P. is again claiming outstanding amount for the period of Jan’2012 to Jan’2013 in the above mentioned bill dated 12.02.2013 again showing outstanding of Rs.42,876.43 for Apr’2008 and Jan’2012 to Jan’2013. Perused the payment receipt dated 14.01.2013 of Rs.19,450/- showing as bill paid for Apr’2008 with outstanding.

After filing this case the complainant also prays for an order of ad-interim injunction restraining O.Ps. from threatening the complainant to disconnect the electric connection for non-payment of the said amount of Rs.42,876.43. After hearing the petition this Forum was pleased to allow the prayer of ad-interim injection, subject to payment of 50% of the said amount. Following the order, the complainant paid Rs.21,438/- to the O.P. on 18.11.2013. Surprisingly, in the receipt of the payment, O.P. received the said amount showing “bill paid for Sep’2012”.

At the time of hearing of this case, the complainant also stated that he paid Rs.9,429/- on 26.11.2008 as per demand of the bill showing outstanding for the period Feb’2008 to Sep’2008. Therefore, the O.P. cannot claim any outstanding for the period Apr’2008, which were mentioned repeatedly in the subsequent bills. Therefore, it is clear from the receipts the bills that complainant paid on 26.11.2008 Rs.9,429/- + on 14.01.2013 Rs.19,450/- + on 18.11.2013 Rs.21,438/-  = total Rs.50,317/-. Therefore, we find that there is no outstanding bill payable by the complainant to the O.P./Company as claimed.

Moreover, O.P./ Company at the time of hearing did not adduce any evidence to substantiate its claim of outstanding bills. No scrap of paper is filed by the O.P. for perusal of this Forum. Therefore, the complainant has been able to prove his case that actually there is no outstanding amount or arrear bill amount to be paid by the complainant for the period Nov’2008 to Nov’2013.

In view of the discussions above we are of the opinion that the complainant has proved his case, on the other hand O.P. is unable to establish its defence.

Fees paid is correct.

Hence, it is

ORDERED,

That the case being No.CC-19/2013 is allowed on contest against the O.P. No. 1 and ex-parte against O.P. No.2 without cost.

That the complainant do get an award directing the O.Ps. to furnish correct and legal bill according to actual meter reading, to receive the payment of current bills regularly and is also directed not to disconnect the electric connection illegally by serving arbitrary and unreasonable bills showing outstanding without any base. O.P. No. 1 and 2 are further directed to pay Rs.5,000/- as compensation for harassment, mental pain and agony and also to pay Rs.2,000/- as litigation cost to the complainant within one month from the date of this order, failing which the total calculated amount of Rs.7,000/- will carry interest @ 9 % p.a. from the date of filing of this complaint i.e. 05.04.2013 up to the date of full realization and the complainant is at liberty to put this order in execution in accordance with law.

Copy of this order be supplied to each parties free of cost.