ORDER
(Per: Mrs. Veena Sharma, Member):
This is an appeal, under Section 15 of the Consumer Protection Act, 1986, against the judgment and order dated 08.12.2010 passed by the District Forum, Haridwar in consumer complaint No. 91 of 2010. By the order impugned the District Forum has allowed the consumer complaint and directed the opposite party to issue an electricity bill according to the meter reading within a month from the date of order and to recover the amount after adjusting the amount deposited by the complainant accordingly.
2. Briefly stated the facts of the case, as mentioned in, the consumer complaint are that an electricity connection No. 069370 of 2kw. was installed on 18.08.2006 in complainant’s house by the Electricity Department. In February, 2009, the meter reading of the said meter was 1820 units, but the opposite party illegally sent a bill of Rs. 89,873/- to the complainant. The complaint was made against this bill by the complainant before the opposite party. The opposite party made correction on the bill and instead of Rs. 89,873/- a bill was made of Rs. 28,169/-, out of which the complainant has deposited a sum of Rs. 15,000/-, as part payment and rest amount was pending. The complainant is an Astrologer and comes Haridwar after long intervals. On 29.03.2009, when complainant came to Haridwar, he gave Rs. 13,169/- as balance amount to Dinesh Kumar Rana, staff of the opposite party, but he did not deposit the said amount and refuse to return back the said amount. According to the correct bill, the balance amount was of Rs. 13,169/-, but the opposite party sent a bill of Rs. 54,804/- for the period of 10 months including the balance amount, which is fake and baseless. The complainant sent a notice on 22.12.2009 through his advocate to the opposite party that the opposite party to charge a balance amount of Rs. 13,169/- and also charge the electricity bill which was used from 2009 till now and give receipts and cancelled the bill of Rs. 54,804/-. But the opposite party did not provide the correct bill to the complainant, as the complainant is a consumer of opposite party. Due to this act of opposite party, the complainant suffered a physical and mental agony. There is a great deficiency in service on the part of the opposite party. Therefore, the complainant has filed a consumer complaint before the District Forum, Haridwar.
3. The opposite party-Electricity Department has stated in its written statement that an electricity connection was running from 18.10.2000 in complainant’s premises. The complainant misused the said electricity connection during construction of his house. But according to the documents, on 18.02.2006 a meter No. 133712 was installed in complainant’s residence with reading 327. ADF bill was provided to the complainant due to defective meter. On 19.02.2009 an application of the complainant for correction of bill was received by the answering opposite party. No money has been deposited by the complainant before this application. An amendment in the bill amount was made on old meter with a reading of 1823, which was verified by the Junior Engineer of the Electricity Department. The complainant was intimated that the meter is defective, so that a check meter will