Punjab

Fatehgarh Sahib

RBT/CC/342/2018

Smt. Manjit Kaur - Complainant(s)

Versus

M/s Punjab State Power Corporation Limited - Opp.Party(s)

R.S.Bhatia

28 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                            COMMISSION

                      FATEHGARH SAHIB.

                                                             

RBT No.	:	CC/342/2018
Consumer  Complaint No.	:	RBT/CC/342/2018
Date of Institution	:	21.03.2018
Date of Decision	:	28.03.2023

 

Manjit Kaur, W/o Sh. Jarnail Singh, R/o #296, Shivalik City, Sector 127, Landran Road, Kharar, Punjab.

                                                                                                                     …………....Complainant

                                                Versus

1. M/s  Punjab State Power Corporation Limited, Sub-Divisional Office, NH21, Guru Tegh Bahadur Nagar, Kharar, Punjab Through its Authorised Officer.
2.  M/s Punjab State Electricity Board, Head Office : Opposite Kali Mata Mandir Shakti Sadan, The Mall,  1^st Floor, Patiala through its Authorised Officer.  

 

..………....... Opposite Parties

Complaint under Section 12 of Consumer Protection Act 1986(Old)

Quorum

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

Present: Sh.H.S.Bhatia, counsel for complainant (through VC).

     Sh.Pankaj Sharma, counsel for OPs(through VC)

 

The  complaint has been filed by the complainant  against the OPs (opposite parties) , under Section 12 of Consumer Protection Act-1986(old) alleging deficiency in service with the prayer for giving direction to the OPs to withdraw  the illegal bill dated 21.11.2017, vide which Rs.1,44,460/- has been demanded on account   of arrears , to pay Rs.50,000/- on account of mental agony and physical harassment and Rs.20,000/- as litigation expenses.

1. The complainant got an  electricity connection from OP no.1 in 2010  having  account number  3000477504 and consumer no. R67CF671789A.  On  13.5.2013,  representatives of OP no.1 came to the complainant’s house and  stated that they wanted to change the Power supply meter of the house  as it was currently having a capacity of only one phase and the new meter will have capacity of 3 phases.  After the consent of  complainant, the OP changed the meter and new meter was installed.  Thereafter complainant  have been regularly paying  the bills as per consumption.  On 1.10.2017, the complainant was  shocked  to receive a bill of Rs.1,35,250/- sent by OP no.1. Complainant approached the office of OPs to enquire the matter of huge and false bill. The OP no.1 assured  the complainant that there was some error and she has to pay only Rs.5,230/- and the rest will be adjusted.  Thereafter on 24.10.2017, the complainant paid the above stated amount. However , to the shock of the complainant, she received another bill on  21.11.2017 for an amount of Rs.1,44,460/- from OP no.1.  The complainant  again  visited the office of OP no.1, who stated that the Power supply meter installed at the complainant’s house  was faulty and thus an average amount was being taken from the complainant earlier. The Power supply meter was working correctly and it has been found that sum of Rs.1,44,460/-  were to be paid as arrears of electricity  of electricity usage.  The Op no.1 further stated that this amount  also included surcharge, interest and other charges for non-payment of bills.  The Meter being referred to as faulty  is the one which had been installed by the Ops on 13.5.2013 and is the same one which  Ops are referring to be working correctly now.  The complainant went through the bills from 10.11.2014 till 1.10.2017 and came to know that the OP no.1  writing in the status column of the meter as “F”, which mean faulty.  However, after  1.10.2017, status column of meter is being shown as normal even though  the meter has not been changed by OPs.  The complainant  wrote a letter to Op no.1 on 22.11.2017 raising the issue.  However, no reply was received from OP no.1. Instead, representative of Op no.1  threatened complainant to pay the entire dues otherwise connection  will be disconnected. Under the threat of disconnection of the electricity,  the complainant paid the amount of bill dated 21.11.2017 , under protest.  On 10.1.2018, the complainant again  wrote a letter to Op no.1 raising the  complaint again.  On  11.1.2018 , a representative of Op no.1 came to check the Power supply meter and found it  in proper working condition.    Despite   so many requests and legal notice sent  to OPs, they failed to refund the  illegal amount of Rs. 1,44,460/ .  Bill dated 21.11.2017 issued by the OPs is wrong and is illegal. The complainants requested the OPs to withdraw the same but OPs refused to withdraw the same, hence this complaint.
2. Notice of the complaint was given to the OPs through registered Post, OPs appeared through their Counsel  and filed  written version.
3.        The complaint has been contested by the OPs,  filed written version , raising preliminary objections, that the present complaint is not maintainable. The complaint of the complainant is false, frivolous.   The complainant has no locus standi to file the present complaint against the OPs.  No cause of action has ever accrued in favour of the complainant to the  instant complaint against the OPs. . The complainant contested on merit that the OPs issued the bills to the complainant from November, 2014 to August, 2017 on the  average basis and in the bills  ‘F’ Code had been mentioned therein.  Electricity consumption consumed by the complainant’s meter had already been generated in it.  The  meter in question  had  been checked   and correction made in the bill for the month of October, 2017 when the last reading of the electricity meter was 29427 units.  The OPs had calculated these units and generated the actual consumption  amounting to Rs.2,17253/-. The OPs deducted the bills paid on average basis,  out of the afore-captioned amount and asked the complainant to deposit the difference amounting to Rs.1,36,950/- , after which the bills were issued to the complainant for OK Code. The complainant moved one application dated 10.1.2018 and on that day the SDO, Kharar explained again each and every thing about the said bill  and the complainant fully agreed with the bill issued to her.  The OPs prayed for dismissal of complaint.
4. The complainant in support of her complaint tendered in evidence her  affidavit Ex.CW1/1,  and  Photo copies of documents i.e Photo of the Power supply meter ExC1, Bill dated 1.0.2017 Ex.C2, Payment Receipt dated 24,10.2017 Ex.C3,bill dated 21.11.2017 Ex.C4,  bills from 10.11.2014  till 1.10.2017b Ex.C5 to Ex.C17,  receipt of payment dated 4/12/2017 Ex.c18, In rebuttal the OPs tendered affidavit in shape of reply  of Er. Bachittar Singh ,SDE, Punjab State Power Corporation Limited, Kharar Ex.OP1/1 along with documents i.e bill dated 3.10.2017 Ex.OP1,  Ex.OP2 and closed their evidence.
5.      Heard. Entire record perused.
6.     The complainant has claimed that OPs had illegally  and arbitrarily  issued a bill of Rs.1,44,460/- vide Ex.C4. The complainant has  submitted detail of bills wherein the status of meter has been shown as  ‘F’ in the bills from  year November , 2014 to August, 2017  vide Ex.C5 to Ex.C17.  Due to mentioning  of status of meter ‘F’, the  complainant was not charged on the basis of actual consumption  but was  charged on basis of average consumption.  However the OPs   on October 2017 found that the meter was working properly  and having OK status vide Ex.C4. The reading was then taken and noted as 29427 units vide Ex.OP1. The OPs calculated the amount  on the basis of the 29427 units which  amounted  to Rs.2,17,253/- vide Ex.OP1. The complainant was given credit of Rs.65,146/- and Rs.15,149/- ( adjustment of the amounts deposited by the complainant during the period from November 2014 to August 2017) and payable amount was Rs.1,36,950/- vide Ex.OP1, . Thereafter, the bills were issued to the complainant having ‘OK’ status of meter.   The electricity meter of complainant was checked  and after observing it to be Ok, the OPs corrected the bill  of the complainant vide Ex.C4, on the basis of actual reading recorded in the meter. Thus the complainant  has been charged on the basis of units consumed by her as recorded  in the meter .  During arguments counsel of OPs told  that surcharge and interest of Rs.6938/- was charged to the complainant. But the OPs can not be permitted to take benefit of their own mistakes and are not entitled to charges the said amount of Rs.6938/-

In view of the above discussion, the present complaint is partly allowed. OPs are directed as Follows:-

[a] To refundRs.6938/- along with interest @ 6% from the date of filingof complaint upto the date of payment within30 days, failing which interest @ 9% shall be payable.

The compliance of this order be made by the OPs within a period 30 days from the date of receipt of certified copy of this order. The complaint could not be decided within the statutory period due to pandemic of Covid-19. Copy of this order be sent to the complainant and the OPs as per rules. File be returned back to District Consumer Commission , Mohali, for proper consignment.

Pronounced 28 March 2023                                                        

                                                                      (S.K. Aggarwal)

                                                                              President

                                                                    

    

                                                                             (Shivani Bhargava)

                                                                              Member

 

                                                                             ( Manjit Singh Bhinder )

                                                                                        Member