Presented by Sri G.S.Pradhan, President . <br /> The present complaint pertains to deficiency in service as envisaged under the provision of Consumer Protection Act-1986 and its brief history is as follows:-<br /> <br /> As per the application of the Complainant to the Opposite Parties to provide a connection for supply of electricity to his shop premises, the Opposite Parties issued an estimate on Dt.31/07/2006 for an amount of Rs.943/-(Rupees nine hundred forty three)only which the Complainant deposited the amount on same date. After deposited the amount the Opposite Party provided connection to the shop of the Complainant with effect from Dt.01/08/2006. After four months supply of electricity, the Opposite Party submitted a bill of Rs. 832/-(Rupees eight hundred thirty two)only for the period of August to November which he deposited the said amount with the Opposite Party on Dt.16/12/2006.<br /> <br /> To the utter surprise of the complaint, the Opposite Party issued a bill Dt.08/07/2006 claiming an arrear of Rs. 61,700/-(Rupees sixty one thousand seven hundred)only outstanding against the Complainant. On verification the Complainant knew that, the bill for consumption of electricity for the month of December 2006 was Rs. 134.86/-(Rupees one hundred thirty four and eighty six paise)only, where as the Opposite Party has claimed an arrear of Rs.61,567.68/-(Rupees sixty one thousand five hundred sixty seven and sixty eight paise)only as on old outstanding against the Complainant. <br /> <br /> The Complainant contends that, he had never taken any connection for supply of electricity prior to Dt.31/07/2006 as such he was never a Consumer under the Opposite Party prior to Dt.31/07/2006.<br /> <br /> The Complainant approached the Opposite Party to verify and correct the, bill, but the Opposite Party did not listen and insisted upon him to pay the entire bill amount of Rs.61,700/-(Rupees sixty one thousand seven hundred)only and warned him for disconnection of electricity if not paid the bill amount.<br /> <br /> The Complainant also made an application under the provision of R.T.I Act by Regd Post with A.D. on Dt.03/02/2007 to provide some information in respect of the claim. But the Opposite Party refused to received the same. Thereafter the complaint through his Advocate issued a notice to the Opposite Party on Dt. 15/02/2007 along with the application under R.T.I. Act which the Opposite Party received on Dt.17/02/2007 but did not respond.<br /> <br /> The Complainant contends that, where the Opposite Party has made a claim of outstanding arrear, it was his duty, being asked, to provide details relating to the claim made by him. Non-supply of such information regarding a claim made out of no where and threatening the Compliant to with draw supply of electricity on his failure to make payment of the alleged arrear dues which the Complainant is no way liable for payment of the said alleged arrear is amounts to unfair trade practice and deficiency in service.<br /> <br /> Hence the Complainant filed this case praying for a direction to the Opposite Party to correct the bill Dt.08/01/2007 and all other subsequent bill by omitting the claim of alleged arrear of Rs.61,567.68/-(Rupees sixty one thousand five hundred sixty seven and sixty eight paise)only, and to pay Rs.8,000/-(Rupees eight thousand)only compensation towards mental agony and business loss and further to pay Rs. 5,000/-(Rupees five thousand)only towards litigation expenses.<br /> <br /> Being noticed the Opposite Party appeared before the Forum and filed version through his Advocate. It its version the Opposite Party denied all the allegation made against him. The Opposite Party in its version denied to have cause any deficiency in service towards the Complainant. It is not disputed by the Parties that as per the application of the Complainant, the Opposite Party issued an estimate of Rs. 943/-(Rupees nine hundred forty three)only which the Complainant deposited the amount on Dt31/07/2006 and the Opposite Party supplied the service connection to the shop premises on the same date.<br /> <br /> The Opposite Party submitted that, the estimate No.25 of 2006-07 was issued to the Complainant with a condition that, if there is any outstanding amount on the said premises than, that amount will be paid by the consumer/Complainant other wise the service line will be disconnected with out further notice by the WESCO on Dt.31/07/2006.<br /> <br /> Further, it is submitted that, a sum of Rs.61,567.68/-(Rupees sixty one thousand five hundred sixty seven and sixty eight paise)only was laying outstanding against the old dues of the premises of the Complainant where electricity was supply to old consumer bearing No.412111110082 in the name of one Bachhu Bhai Patel who runs his hotel business there on remaining as a monthly tenant. Subsequently, the said Bachhu Bhai Patel was evicted by the father of the complaint through Court of law. Knowing this fact, the Opposite Party served a notice vide letter No.519(2) Dt.07/12/2006 asking the Complainant to deposit the arrear due before Dt.21/12/2006. The Complainant is knowing fully aware of the facts and suppressed the same before the Opposite Party while taking new service connection to his premises and promised to pay the outstanding dues in respect of the premises if any as per the estimate Dt.31/07/2006, the Complainant is liable to pay the arrear outstanding dues of Rs. 61,567.68/-(Rupees sixty one thousand five hundred sixty seven and sixty eight paise)only as claimed in his bill Dt.08/01/2007.<br /> <br /> There is no any deficiency in service from the side of the Opposite Party and as such the Opposite Party is not liable to pay any compensation as prayed by the Complainant and prays for dismissal of the Complaint with cost.<br /> <br /> Perused the complaint petition, Opposite Party version as well as copies of documents relied on by the Parties and find as follows:-<br /> <br /> The Complainant is a consumer under the Opposite Party since Dt.31/07/2006 and he was paying the bill regularly to the Opposite Party is not disputed by the Parties. It is also not disputed that the Complainant was never a consumer of Opposite Party prior to Dt.31/07/2006 in respect of premises in question. Found the bill Dt.08/01/2007 for a sum of Rs. 61,567.68/-(Rupees sixty one thousand five hundred sixty seven and sixty eight paise)only issued against the Complainant, and directed to pay the bill or else threaten to with draw the power supply to his hotel premises, the Complainant filed this case. The Complainant deposited a sum of Rs.832/-(Rupees eight hundred thirty two)only with the Opposite Party on Dt.16/12/2006 for the month of August to November, which does not shows any arrear outstanding against the Complainant. The Complainant approached the Opposite Party to verify and correct the bill Dt.08/01/2007 but to no effect. He has also filed an application under R.T.I. Act by Regd Post with A.D. to the Opposite Party seeking for some information relating to the bill Dt.08/01/2007, but the Opposite Party refused to receive the same. Further the Complainant has also served pleader Notice Dt.17/02/2007 but did not respond. The Complainant claims, he is no way liable for the arrear amount of Rs.61,567.68/-(Rupees sixty one thousand five hundred sixty seven and sixty eight paise)only claimed by the Opposite Party in its bill Dt.08/01/2007 in consumer account No. 412111110097.<br /> <br /> The Opposite Party claims a sum of Rs.61,567.68/-(Rupees sixty one thousand five hundred sixty seven and sixty eight paise)only was laying outstanding against the old dues of the premises of the Complainant where electricity was supplied to one Bachhu Bhai Patel, old consumer No. 412111110082 who runs his hotel business there on remaining as a monthly tenant under Ashok Kumar Sahu, the father of the Complainant. Subsequently the said Bachhu Bhai Patel was evicted by the father of the Complainant through Court of law. Knowing this fact the Opposite Parties served a notice vide letter No.519 (2) Dt.07/12/2006 asking the Complainant to deposit the arrear dues before Dt.21/12/2006. Further the Opposite Party claims that, since the supply of electricity was provided to the Opposite Party on Dt.31/07/2006 with a condition that “if there is any outstanding amount against the same premises then, that amount will be paid by the above consumer other wise the service line will be disconnected with out further notice by the WESCO”.<br /> <br /> The Complainant is liable to pay the arrear outstanding due of Rs. 61,567.68/-(Rupees sixty one thousand five hundred sixty seven and sixty eight paise)only as it relates to some holding premises by the predecessors being old consumer No. 41211110082.<br /> <br /> Now the main point is to be decide, whether the complaint is liable to pay the old outstanding dues for electricity consumption of one Bachhu Bhai Patel, consumer Account No. 41211110082 in respect of same premises.<br /> <br /> The onus of proof lies with the Opposite Party to prove that, the Complainant is liable to pay the old arrear outstanding dues. The Opposite Party has not filed any electric bill outstanding dues in the name of the old Consumer Bachhu Bhai Patel. The Opposite Party should have verified their own record before power supply was given to the present Complainant. But they have not done. Copies of letter No.519(2) Dt.07/12/2006 issued against the Complainant is filed but no A.D. has been filed by the Opposite Party to believe that the Complainant has received the letter. For proper adjudication of the case, the Opposite Party were directed to file some documents those are (i) the application submitted by Bachhu Bhai Patel to provide service connection under consumer No. 41211110082. (ii) Documents submitted by Bachhu Bhai Patel relating to plot No. and holding No. of the premises. (iii) Letter of consent and or No objection certificate from the owner of the said premises to which the said connection was provided on the application of Bachhu Bhai Patel. (iv) Estimate issued to Bachhu Bhai Patel before providing connection and (v) A.D. Of Complainant regarding receipt of letter No. 519(2) Dt.07/12/2006 issued by the Opposite Parties, which was with in the possession of the Opposite Party.<br /> <br /> Taking several adjournment for filing of documents, the Opposite Party did not file the above documents and filed some other copies of documents which were not relevant for this case. No any material is placed before the Forum to fasten the liability upon the Complainant to pay the old outstanding arrear outstanding against one Bachhu Bhai Patel in consumer No. 412111110082 in respect of same premises.<br /> <br /> Keeping in view of above discussion we hold, the claim of Rs. 61,567.68/-(Rupees sixty one thousand five hundred sixty seven and sixty eight paise)only on bill Dt.08/07/2006 is illegal and improper which the Complainant is not liable to pay to the Opposite Party.<br /> <br /> In the result, the case is allowed and ordered as follows:-<br /> <br /> The Opposite Party are directed to correct the bill Dt.08/01/2007 and all other subsequent bill by omitting the claim of the alleged arrear of Rs. 61,567.68/-(Rupees sixty one thousand five hundred sixty seven and sixty eight paise)only and issue corrected bill as per his actual consumption to the Complainant, which the Complainant shall go on paying the bill regularly to avoid disconnection.<br /> <br /> Further the Opposite Party is directed to pay a sum of Rs. 3,000/-(Rupees three thousand)only as compensation towards mental agony, harassment which includes litigation expenses to the Complainant with in 30(thirty) days from the date of this Order or else 18%(eighteen percent) interest per annum will be charged on the awarded amount till the date of payment. <br /> Complaint disposed of.<br />