ORDERS:
Charanjit Singh, President;
1 The complainant has filed the present complaint under Section 34, 35 and 36 of the Consumer Protection Act (herein after called as 'the Act') against the opposite parties by alleging that complainant is consumer of opposite parties and a domestic electricity Consumption connection bearing account No. T63PG441514M, contract account No. 300065602 is installed in the complainant’s residential house at Bath Road Pandori Golan Tehsil and District Tarn Taran in the name of Jaswant Singh son of Inder Singh for providing electricity to the house of the complainant. From whom the present complainant has purchased the said residential house vide sale deed dated 8.6.2015 vide Ex. C-4. At the time of sale, symbolic possession of house was delivered to the complainant. Though the said house residential house was sold by said Jaswant Singh in favour of the complainant but the said Jaswant Singh had been residing in the said house before its purchase and even after its purchase by the complainant till April 2019. At the time of sale of the said residential house, where the electric meter in question is installed, said Jaswant Singh assured to the complainant that he is regularly paying the electricity bills of the meter in question and further assured to the complainant that he will pay the electricity dues if any to the opposite parties and have no objection in case the said connection is being transferred in the name of the complainant or a new meter / connection is being installed in the premises in the name of the complainant. In the month of April 2019, the said Jaswant Singh handed over the possession of the said house to the complainant. After leaving the possession of the house, the complainant approached to the opposite parties and informed to opposite parties that she has purchased the said house and further requested to the opposite parties to transfer the said connection in the name of the complainant or install a new meter connection in the name of the complainant. But the opposite parties flatly refused to accept the request of the complainant and further requested to the opposite parties to transfer the said connection in the name of the complainant or install a new meter connection in the name of complainant. But the opposite parties flatly refused to accept the genuine request of the complainant and further alleged that a bill for an of Rs. 1,59,590/- is pending against the said meter already installed in the said house in the name of Jaswant Singh. So far as the above said dues pending against said Jaswant Singh is not being cleared neither the opposite parties will transfer the said connection or install a new meter in the name of the complainant. The opposite parties further threatened to the complainant that in case the said dues are not paid to the opposite parties within few days then the opposite parties will disconnect the above said electricity connection running at the spot in the said residential house in the name of Jaswant Singh. The complainant requested to the opposite parties that the above said outstanding amount is liable to be paid by the above said Jaswant Singh as Jaswant Singh and his family have consumed the electricity for which the above said amount is outstanding but the opposite parties flatly refused to pay any heed to the genuine request of the complainant and remained adamant on their stand to recover the above said due bills/ amount from the complainant for which the complainant is not liable. Now since 2 days back the opposite parties are continuously threatening to the complainant to disconnect the electricity meter in the name of Jaswant Singh running in the above said house on the spot. As the family of the complainant shifted to the above said house and consuming the electricity from the said connection and there is no other source of electricity with the complainant for her day to day use. The complainant is a household woman and miserably living her life. In case the opposite parties do not transfer the said connection in her name or install a new meter connection in her name for the said residential house, the complainant and her family will suffer a huge loss and without electricity it would not be possible for the complainant and her family to live. The demand of said illegal charges raised by the opposite parties through the said Bill in question is illegal, null, void and is liable to be rejected/ set aside and the complainant is not liable to pay such illegal and arbitrary amount in any manner. The complainant has prayed the following relieves:-
- The impugned Bill dated 4.8.2021 issued by the opposite parties qua the disputed connection may kindly be ordered to be declared as null, void, illegal and the alleged amount as claimed through the said bill may kindly be set aside/ quashed and opposite parties be directed not to raise such illegal demand from the complainant.
- The opposite parties may kindly be directed to update the official record in respect of the disputed electricity connection thereby either to transfer the said connection in the name of the complainant or install a new electricity meter/ connection in the name of complainant.
- The opposite party further may kindly be ordered to be restrained from recovering any alleged amount from the complainant in any manner on the basis of alleged and illegal bull as well as from disconnecting the electricity connection in dispute.
- It is further prayed that the amount of Rs. 5500/- as litigation charges and Rs. 25,000/- as compensation on account of mental and physical harassment caused to the complainant at the hands of opposite party, on account of short come, deficient and negligent service may also be awarded to the complainant, in the interest of justice, equity and fairplay.
Alongwith the present complaint, the complainant has placed on record her affidavit Ex. C-1, attested copy of electricity bill dated 4.8.2021 Ex. C-2, attested copy of electricity bill dated 3.6.2021 Ex. C-3, Photostat copy of sale deed dated 8.6.2015 Ex. C-4.
2 Notice of this complaint was sent to the opposite parties but no one appeared on behalf of opposite parties and consequently, the opposite parties were proceeded against exparte vide order dated 21.10.2021.
3 We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.
4 The complainant has produced on record his affidavit Ex. C-1 and declared that the complainant is consumer of opposite parties and a domestic electricity Consumption connection bearing account No. T63PG441514M, contract account No. 300065602 is installed in the residential house of complainant at Bath Road Pandori Golan Tehsil and District Tarn Taran in the name of Jaswant Singh son of Inder Singh for providing electricity to the house of the complainant. From whom the present complainant has purchased the said residential house vide sale deed dated 8.6.2015. At the time of sale, symbolic possession of house was delivered to the complainant. Though the said house residential house was sold by said Jaswant Singh in favour of the complainant but the said Jaswant Singh had been residing in the said house before its purchase and even after its purchase by the complainant till April 2019. At the time of sale of the said residential house, where the electric meter in question is installed, said Jaswant Singh assured to the complainant that he is regularly paying the electricity bills of the meter in question and further assured to the complainant that he will pay the electricity dues if any to the opposite parties and have no objection in case the said connection is being transferred in the name of the complainant or a new meter / connection is being installed in the premises in the name of the complainant. He further contended that in the month of April 2019, the said Jaswant Singh handed over the possession of the said house to the complainant. After leaving the possession of the house, the complainant approached to the opposite parties and informed to opposite parties that she has purchased the said house and further requested to the opposite parties to transfer the said connection in the name of the complainant or install a new meter connection in the name of the complainant. But the opposite parties flatly refused to accept the request of the complainant and further requested to the opposite parties to transfer the said connection in the name of the complainant or install a new meter connection in the name of complainant. But the opposite parties flatly refused to accept the genuine request of the complainant and further alleged that a bill for an of Rs. 1,59,590/- is pending against the said meter already installed in the said house in the name of Jaswant Singh. He further contended that the above said dues pending against said Jaswant Singh is not being cleared neither the opposite parties will transfer the said connection or install a new meter in the name of the complainant. The opposite parties further threatened to the complainant that in case the said dues are not paid to the opposite parties within few days then the opposite parties will disconnect the above said electricity connection running at the spot in the said residential house in the name of Jaswant Singh. He further contended that the complainant requested to the opposite parties that the above said outstanding amount is liable to be paid by the above said Jaswant Singh as Jaswant Singh and his family have consumed the electricity for which the above said amount is outstanding but the opposite parties flatly refused to pay any heed to the genuine request of the complainant and remained adamant on their stand to recover the above said due bills/ amount from the complainant for which the complainant is not liable and prayed that the present complaint may be allowed.
5 The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Parties are proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Parties and opposite parties did not appear in this Commission in order to contest the complaint which shows that the Opposite Parties have nothing to say upon the allegations leveled against them by the complainant.
6 In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and bill dated 4.8.2021 issued by the opposite parties to the complainant is quashed. The opposite parties are directed to update the official record as per their rules and regulation. The complainant has been unnecessarily harassed by the opposite parties for a long time, therefore, the complainant is entitled to Rs. 10,000/- as compensation on account of harassment and mental agony and Rs 7,500/- as litigation expenses. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of filing instant complaint till its realisation. Amount, if any, deposited by complainant during the pendency of the present complaint by the order of this commission either to refund to complainant or adjust in the account of complainant. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission
27.3.2024
