Complainant Rohit Dhawan has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to correct the bill as per the actual consumption or by adding the average amount of electricity consumption @ Rs.1744/-, as earlier added by them. Opposite parties be further directed to pay Rs.5000/- as damages on account of mental agony and harassment alongwith Rs.5000/- as litigation charges and compensation, in the interest of justice.
2. The case of the complainant in brief is that he is consumer of opposite party no.2 and is having electric connection bearing No.G62KF140791N in his name and using the electricity and is paying the electricity bills regularly. This connection is being enjoined by him for his truck workshops from which he is earning his livelihood. He has further pleaded that his meter has burnt and he deposited the price of a new electric meter on 21.06.2016 vide receipt no.468. He received a bill for Rs.58,480/- from the opposite parties. Earlier he received bill of Rs.32,850/- for the period 22.12.2016 to 18.02.2017. Thereafter a bill for the period of 18.02.2017 to 17.02.2017 for Rs.35,640/-. On both these bills the average consumption for Rs.1744/- was added. Then a bill for the period dated 17.04.2017 to 23.06.2017 for Rs.38,430/- was received in which the average consumption charges was added as Rs.1948/-. Thereafter in the next bills for the period from 23.06.2017 to 21.08.2017 the average consumption charges was added to the tune of Rs.7395/-. Similarly in the latest bill for the period from 21.08.2017 to 24.10.2017 amount of Rs.7395/- was added towards the average consumption and bill of Rs.58,490/- has been received by him. He has next pleaded that now the new meter has been installed and he requested the opposite parties to correct the bill as per the real consumption and prepared the bill by adding the average consumption charges of Rs.1744/- not more than this till the calculation of the actual consumption. But the opposite parties have refused to correct the electricity bill. Thus, there is deficiency in service on the part of the opposite parties. Hence this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that the complaint is not maintainable in the present form; the complainant has not come to the Commission with clean hands and suppressed true and material facts from this Ld. Commission and the connection of the complainant is NRS which is commercial one as such this Ld. Commission has got no jurisdiction to try and entertain the present complaint. On merits, it was submitted that the opposite party has issued the bills in the month 2/2017 amounting to Rs.32,850/-, April 2017 amounting to Rs.35,640/-, June 2017 for Rs.38,430/-, August 2017 for Rs.48,420/-, October 2017 for Rs.58,490/- and December 2017 for Rs.62,810/-. That the complainant has not paid the abovesaid bills till date. In the bill of February 2017 the arrears of current financial years were also added which is amounting to Rs.31,078/-. The complainant is not paying the regular bills to the opposite parties and arrears of the previous bills were also added in the bills in question. The electric meter of the complainant was changed and the opposite parties charged average bills by applying LDHF formula for the period in which the meter of the complainant was defective. The bills were charges as per rules and regulations of the Power Com. Thus, there is no deficiency in service on the part of the opposite parties. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Complainant has tendered into evidence his own affidavit Ex.C-1 alongwith documents Ex.C-2 to Ex.C-7 and closed the evidence.
5. Ld.counsel for the opposite parties tendered into evidence affidavit of Sh.Jaswinder Singh S.D.O. Ex.OP-1 alongwith other documents Ex.OP-2 to Ex.OP-8 and closed the evidence.
6. Written arguments filed on behalf of opposite parties.
7. We have carefully gone through the pleadings of counsels for the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.
8. As detailed above present complaint is about electricity bill dated 24.10.2017 amounting to Rs.58,490/- (Ex.C-7) issued to complainant by opposite parties against electric connection No.G62KF140791N, category NRS having sanctioned load of 4.59 KW.
9. It is a commercial connection but as per para no.1 of complainant and affidavit (Ex.C-1) complainant specified that he is running truck workshop for earning his livelihood. Hence as per CPA 2019 Chapter-1 Clause 7 (ii) this complaint has been admitted.
10. Complainant put on record copies of various electricity bills as Ex.C-3 to Ex.C-7 for the months of 2/17, 4/17, 6/17, 7/17 and bill dated 24.10.2017 being the basis of complainant. It is also alleged by the complainant that meter of abovesaid connection was burnt in 6/2016 and copy of receipt of amount deposited as cost of meter is put on record
Ex.C-2.
11. Mainly the dispute is about charging of high average consumption charges of Rs.7395/- during the months of the meter remained burnt i.e. for months 8/2017 and 10/2017.
12. Opposite party in their reply claimed the charging as per rules and submitted the copies of bills from 2/17 to 12/17 alongwith detailed annexure Ex.OP-8. In the electricity bill of 2/17 an arrear of Rs.31078/- is included, but detail is not explained by complainant or opposite party that is it the total of previous pending bills whether on an basis or actual consumption basis. But during the course of oral arguments by the ld.counsel for opposite party it has been clarified that this arrear amount relates to the actual consumption charges of previous period.
13. As per detailed annexure Ex.OP-8 of opposite party bills of 2/17, 4/17 and 6/17 are shown prepared on monthly minimum charges basis (MMC) and that of 8/17 and 10/17 prepared on average basis.
Above detailed shows that the meter remained burnt twice i.e. on 6/16 and 8/17. Electricity consumption details for previous months where the meter remained OK has not been put on record by the complainant or the opposite parties.
14. In view of the abovesaid discussion by considering the facts and circumstances of the case, we are of the considered opinion that the present case can be best disposed off with the directions to opposite parties for charging of correct amount in the electricity bills for the month of 8/17 and 10/17 as the amount already charged as Rs.7395/- seems to be on the higher side with respect to the consumption details of the said electric connection.
Hence, the amount charged of Rs.7395/- in these months is hereby set aside and opposite party no.2 is hereby directed to review it on the basis of actual consumption keeping in view the guidelines and instructions given in Regulations No.21.5.2 of Electricity Supply Code.
15. The present complaint stand disposed off accordingly with no orders as to costs.
16. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and non sitting of this Commission due to pandemic of Covid-19.
17 . Copy of the order be communicated to the parties free of charges. File be consigned.
(Kiranjit Kaur Arora)
President
Announced: (Bhagwan Singh Matharu)
March 10, 2023 Member
*MK*
