Before the District Consumer Disputes Redressal Forum, Room No. 208 2^nd Floor, District Administrative Complex, Tarn Taran

Consumer Complaint No  :   67 of 2018

Date of Institution               :   25.06.2018

Date of Decision                :   25.06.2019

Amarjit Singh aged 40 years son of Shri Shangara Singh son of Shri Kunan Singh resident of village Sursingh, Tehsil Patti, District Tarn Taran.

                                                                             …..Complainant

                             Versus

1. Punjab State Powers Corporation Limited, the Mall Patiala through its Managing Director.
2. Sub Divisional Officer, Punjab State Powers Corporation Limited Sub Division Sursingh, Tehsil Patti, District Tarn Taran.
3. Executive Engineer, Punjab State Powers Corporation Limited Division Bhikhiwind, Tehsil Patti, District Tarn Taran.

                                                                             …Opposite Parties

Complaint Under Section  12 and 13 of the Consumer Protection Act .

Quorum:                Sh. Charanjit Singh, President

Smt. Jaswinder Kaur, Member

For Complainant                       Sh. Nakul Devgan Advocate.

For Opposite Parties                 Ex-parte

ORDERS:

Charanjit Singh, President;

1        The complainant Amarjit Singh has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called   as 'the Act') against Punjab State Powers Corporation Limited, the Mall Patiala District Patiala through its Managing Director and others (Opposite parties) on the allegations of deficiency in service and negligence in service on the part of the opposite parties with further prayer to direct the opposite parties to withdraw the bill No. 170 dated 24.5.2018 amounting to Rs. 12,200/- raised on complainant by the opposite parties and also prayed Rs. 50,000/- as damages.

2        The case of the complainant is that he is a consumer of Punjab State Powers corporation Limited and the complainant is owner of one domestic electric connection No.T26SS142129P and the complainant has been using the above said connection since a long time. Previously the bill for the above said domestic connection was continuously sent to the complainant by the opposite parties to the tune of Rs.2,120/-, Rs.3,480/-, Rs.10,098/- and Rs.12,200/- on average basis and the complainant has paid all the bills to the opposite parties. On 21.05.2018 the opposite parties issued one bill No.170 dated 24.05.2018 amounting to Rs.12,200/- which is illegal, null and void, against law, against facts and is liable to be set aside/ cancelled and in the said bill sundry charges has been shown as Rs.12,200/- which is against facts and the complainant is not liable to pay any amount of bill to the opposite parties. The complainant approached the opposite parties many a times and requested the opposite parties to correct the bill and not to recover any alleged amount of bill No.170 dated 24-05-2018, but the opposite parties have finally refused to accept the request of the complainant. Therefore the complainant has got cause of action against the opposite parties. Due to issuing of the above said Bill No.170 dated 24.05.2018 the complainant has suffered mental harassment and mental agony and the complainant has suffered a huge loss. There is negligence in the service of the opposite parties. Feeling dissatisfied by the act and conduct of the opposite parties, the complainant perforce has filed this complaint against the opposite parties. Alongwith the complaint, the complainant has placed on record affidavit of complainant Ex. C-1, Bill No. 290 dated 20.1.2018 Ex. C-2, Bill No. 264 dated 19.3.2018 Ex. C-3, Bill No. 170 dated 24.5.2018 Ex. C-4.

3        Notice of this complaint was sent to the opposite parties previously Sh. A.K. Sharma Advocate filed memo of appearance on behalf of opposite parties and later on Sh. A.K. Sharma Advocate pleaded no instructions and in the interest of justice, again notice of this complaint was sent to the opposite parties but no one appeared on behalf of opposite parties and consequently, the opposite parties were proceeded against exparte vide order dated 28.3.2019.

4        We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.

5        The complainant has produced on record affidavit of Amarjit Singh complainant and declared that the complainant is permanent resident of  Village Sursingh, Tehsil Patti, District Tarn Taran and is a law abiding Citizen and has good reputation in the village and surrounding area. The complainant is consumer of Punjab State Powers Corporation Limited and the complainant is consumer of one domestic electric connection No.T26SS142129P and the complainant has been using the above said connection since a long time. Previously the bill for the above said domestic connection was continuously sent to the complainant by the opposite parties to the tune of Rs.2,120/-, Rs.3,480/-, Rs.10,098/- and Rs.12,200/- on average basis and the complainant has paid all the bills to the opposite parties. He further declared that on 21.05.2018, the opposite parties have issued one bill No.170 dated 24.05.2018 amounting to Rs.12,200/- which is illegal, null and void, against law, against facts and is liable to be set aside/ cancelled and in the said bill sundry charges has been shown as Rs.12,200/- which is against facts and the complainant is not liable to pay any amount of bill to the opposite parties. The complainant approached to the opposite parties many a times and requested the opposite parties to correct the bill and not to recover any alleged amount of bill No.170 dated 24.05.2018, but the opposite parties have finally refused to accept the request of the complainant. Due to issuing of the above said Bill No.170 dated 24.05.2018 the complainant has suffered mental harassment and mental agony and the complainant has suffered a huge loss. There is negligence in the service of the opposite parties and prayed that the present complaint may be allowed.

6        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Parties are proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Parties and opposite parties did not appear in the Forum in order to contest the complaint which shows that the Opposite Parties have nothing to say upon the allegations leveled against them by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite parties several times but the opposite parties did not care to resolve the matter and this act of the opposite parties not only committed deficiency in service, but also indulged in an unfair trade practice.             

7        In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Parties. The bill No. 170 dated 24.5.2018 amounting to Rs. 12,200/- is hereby set aside. The complainant is also entitled to Rs.2,500/- (Rs. Two thousand and five hundred only) as compensation on account of harassment and mental agony and Rs 1,500/- ( Rs. One Thousand and Five Hundred  only) as litigation expenses from the opposite parties. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.