Punjab

Sangrur

CC/271/2016

Raj Kumar - Complainant(s)

Versus

Managing Director - Opp.Party(s)

Shri Gurinder Pal Sharma

24 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                               

                                                Complaint No.  271

                                                Instituted on:    04.02.2016

                                                Decided on:       24.08.2016

 

Raj Kumar son of Om Parkash, resident of Photo State, Court Road, Nau Ghara Mohalla, Near Garibi Mistri, Sangrur.

                                                        ..Complainant

                                Versus

 

1.     Punjab State Power Corporation Limited, Head Office, The Mall Patiala through its Chairman cum Managing Director.

2.     SDO, Punjab State Power Corporation Limited, City Sub Division, Sangrur, District Sangrur.

                                                                ..Opposite parties

 

For the complainant  :       Shri G.P.Sharma, Adv.

For opposite parties  :       Shri Inderjit Ausht, Advocate.

 

 

Quorum:   Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Raj Kumar, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant is the consumer of electricity connection bearing account number S43DB230426Y, of which he has been paying the bills regularly. The grievance of the complainant is that he received the bill dated 27.1.2016 whereby an amount of Rs.25,410/- has been charged on account of sundry charges, whereas the consumption was only 35 units. It is further averred that after receiving the bill in question, the complainant immediately approached the OPs to withdraw the same being illegal one, but all in vain. Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the OPs be directed to withdraw the bill dated 27.1.2016 and further claimed compensation and litigation expenses.

 

2.             In reply filed by the OPs, legal objections are taken up on the grounds that the complaint is not maintainable in the present form, that the complainant has not come to the Forum with clean hands, that the complainant has no cause of action and locus standi to file the complaint. On merits, it is admitted that the complainant is a consumer of the OPs. It is further admitted that the bill in question was issued to the complainant and an amount of Rs.25410/- has been rightly added in the bill as the complainant was having another connection under NRS category bearing number AM63/1241 at Sant Nagar, Mehlan Road, Sangrur. It is further stated that the bill dated 1.1.2016 was issued to the complainant regarding electricity connection number AM63/1241, but the complainant did not make the payment of the bill. The disconnection order was issued on 2.12.2015 and the same was effected on 7.12.2015 and at the time of effecting the disconnection order, the JE reported that another electricity connection of the complainant is working and the defaulting amount of Rs.25410/- has rightly been demanded in the present bill by transferring the same. It is further stated that the complainant has concealed this material fact from the Forum as such, the complaint should be dismissed with special costs.   

 

3.             The learned counsel for the complainant has produced Ex.C-1 affidavit and  Ex.C-2 copy of bill and closed evidence. On the other hand, the learned counsel for the OPs has produced Ex.OP/1 copy of bill dated 1.1.2016, Ex.OP-2 copy of PDCO dated 2.12.2015, Ex.OP-3 copy of sundry register, Ex.OP-4 copy of bill dated 27.1.2016 and Ex.OP-5 affidavit and closed evidence.

 

4.             We have very carefully perused the pleadings of the parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

 

5.             It is an admitted fact that the complainant is the consumer of electricity connection in question. In the present case, the complainant has challenged the accuracy of the bill dated 27.1.2016 whereby the Ops have raised a demand of Rs.25,410/- as sundry charges, which is said to be illegal one and without any basis which should be quashed/withdrawn.   On the other hand, the learned counsel for the Ops has contended vehemently that as the complainant was having another connection under NRS category bearing number AM63/1241 at Sant Nagar, Mehlan Road, Sangrur and the disputed demand relates to the same. It is further contended that the bill dated 1.1.2016 was issued to the complainant regarding electricity connection number AM63/1241, but the complainant did not make the payment of the bill. The disconnection order was issued on 2.12.2015 and the same was effected on 7.12.2015 and at the time of effecting the disconnection order, the JE reported that another electricity connection of the complainant is working and the defaulting amount of Rs.25410/- has rightly been inserted in the bill dated 27.1.2016 by transferring the same from that account. It is further contended that the complainant has concealed this material fact from the Forum, as such, the complaint should be dismissed with special costs.

 

6.             It is further worth mentioning here that the complainant has not filed any rejoinder to deny the allegation of the Ops that the complainant was having another NRS connection, of which amount of Rs.25,410/- has been inserted in the bill of the present connection, nor the complainant has denied this fact in the affidavit Ex.C-1 on record.  Further to support their allegation, the Ops have filed the affidavit of Er. Baldev Krishan, JE Incharge PSPCL City Sub Division, Sangrur. Further the Ops have also produced on record the copy of bill Ex.OP-1 showing the connection bearing account number S43AM631241L

was in the name of the complainant and Ex.OP-2 is the copy of disconnection order dated 2.12.2015, which was effected on 7.12.2015.  As such, we are of the considered opinion that the OPs have charged the amount rightly from the complainant, as the amount under dispute was also belonging to the complainant’s another connection. To support such a contention, the reliance can also be placed on the judgment of the Hon’ble Punjab State Commission pronounced in Atul Puri versus Punjab State Electricity Board through its Chairman 2012(1) CLT 324 (Punjab State Commission).

 

7.             Further the learned counsel for the OPs has contended vehemently that a person who conceals material facts from the Forum is not entitled to get any relief, as in the present complaint the complainant has concealed the fact that he was having another electricity NRS connection at the shop at Mehlan Road, Sangrur, of which bill has not been paid by the complainant and the connection in question was disconnected by the OPs.  To support such a contention, the learned counsel for the Ops has cited V.P.Kapoor and others versus Raj Chopra and others 1999(1) CLT 436 (NC), wherein it has been held that a party which suppresses material facts from the court does not deserve to get any relief.   As such, we are of the considered opinion that the complainant has wilfully and intentionally concealed this material fact at the time of filing the present complaint.

 

8.             In view of our above discussion, we find no merit in the complaint and the same is dismissed. However, the parties are left to bear their own costs. A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                August 24, 2016.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                                (K.C.Sharma)

                                                                    Member

 

                                             

                                                                (Sarita Garg)

                                                                   Member