CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE BIMLA KUMARI, MEMBER (FEMALE)

Present: Mr. Mukesh Kumar Gill, Counsel for the Appellant appeared through VC.

Mr. Harsh Purohit, AR of the Respondent.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“1. A complaint under Section 12 & 14 of Consumer Protection Act, 1986 filed. In brief the facts are that the complainant is the user of electricity connection vide its no. 41200106496. It is stated that the complainant is good pay master and is paying regular consumption bills raised by the OP as and when received by the complainant and there is nothing due against the said connection. It is further stated that there is nothing due against the said connection. It is further stated that complainant never misused the electricity other than its sanctioned premise.

2. It is stated that initially sanctioned load of the complainant was 1 KW and the OP arbitrarily and illegally increased the sanctioned load to 7 KW on 09.02.2010 while there are no such a load and complainant does not consume electricity for a load of 7 KW and excess amount charged from the complainant amount be refunded from 09.12.2010 to till date of reducing the load and realizing to the complainant with interest.

3. It is stated that the complainant received a bill No. 1103407429 in the month of March, 2011 for Rs. 5260/- and in this bill OP mentioned Rs. 5,000/- under the head “Other Charges”, if any, he had to pay under threat of disconnect the supply. It is further stated that NDPL has sent a bill no. 10040457629 in the month of September, 2011 of Rs. 5470/- and in this bill NDPL mentioned Rs. 5,000/- once again under the head “Other Charges” if any, without giving any justification or without giving any notice or opportunity to put his version on this huge and illegal charges. It is stated that complainant visited office of the OP to know about these illegal and huge demands but no response. It is further stated that complainant paid the entire amount bill with this illegal demand under threat of disconnect the supply, hence, OP violated rules and regulations of UERC Electricity Act, 2003 and the act of OP is a brazen example of high handedness due to monopoly attitude.

4. it is stated that complainant visited several time to the office of the OP but no response. Complainant wrote letters and he has also sent a legal notice through his counsel but neither replied not withdraw/remove the huge, wrong and illegal amount. It is further stated that the aforesaid act of the OP is illegal, unwanted, improper and arbitrary and against principal of natural justice and amounts to deficiency in service and unfair trade practice. It is further stated that due to acts of OP the complainant left no other remedy except to approach this Hon’ble Commission.

5. It is stated that the complainant visited several time to the office of OP but they did not pay any heed and not interesting for removing the problem regarding wrong bill and threatening to disconnect the supply in case of non deposition of the assessed amount. It is further submitted that the above mentioned bill carries forward all the mistakes, negligence committed by the OP which needs to be rectified along with complete waiver of the LPSC. If any.

6. It is stated that negligence to give justification or removing the huge and illegal amount on the request of the complainant. Denials of rectification of errors in the bill are serious negligence and deficiency in service hence bill should be null and void and compensate the complainant on account of deficiency in service physical and mental harassment.

7. The complainant is seeking to adjust/refund the huge and illegal amount of Rs.10,000/- which was received under threat of disconnect the supply and pay interest at this amount as per law, to reduce the load from 7 KW to 2 KW as th