Before the District Consumer Disputes Redressal Forum, Room No. 208 2nd Floor, District Administrative Complex, Tarn Taran
Consumer Complaint No : 20 of 2019
Date of Institution : 27.03.2019
Date of Decision : 03.02.2020
Balwinder Singh so of Massa Singh resident of Old Bus Stand, Patti, Tehsil Patti, District Tarn Taran.
...Complainant
Versus
SDO PSPCL Division Patti.
…Opposite Parties.
Complaint Under Section 12 and 13 of the Consumer Protection Act, 1986.
Quorum: Sh. Charanjit Singh, President
Smt. Jaswinder Kaur, Member
For Complainant Sh. H.S. Sandhu Advocate
For Opposite Party Sh. A.K.Sharma Advocate
ORDERS:
Charanjit Singh, President;
1 The complainant Balwinder Singh has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called as 'the Act') against SDO PSPCL (Opposite Party) on the allegations of deficiency in service and negligence in service on the part of opposite party by alleging that an electricity connection heaving account No. 3000255838 is installed which is running in the name of Naresh Kumar c/o Kishan Lal and as Naresh Kumar had already sold the residential house, where the connection is installed and the complainant is paying for the consumption to the opposite party and as such the complainant is the beneficiary of the connection and as such consumer of the opposite party. The complainant has been paying the electricity bills for the power consumed by him to the opposite party regularly and as such there is no dues as arrears against the complainant. The complainant was astonished and embarrassed when he received the electricity bill dated 25.11.2018 qua which the opposite party demanded Rs. 1,01,027/-. The complainant approached the opposite party and inquired about the demand of Rs. 1,01,027/- vide the above mentioned bill and in reply the opposite party told the complainant that he has to pay this amount otherwise his electricity supply will be disconnected. The opposite party demanded Rs. 21,200/- as current year arrears which has also not been explained by the opposite party and without justification. The complainant visited the opposite party several times regarding his above mentioned grievance and in the meantime the complainant again received one electricity bill from the opposite party dated 19.1.2019 qua which the opposite party again demanded Rs. 68,839/- as Sundry charges alongwith Rs. 5,056/- as arrears current year and as such in total the opposite party demanded Rs. 75,537/- from the complainant, so again the complainant approached the opposite party and again requested him to withdraw the demand of this amount but again with the same reply of the opposite party and as such, the complainant was again very much embarrassed at the attitude of the opposite party and rather the opposite party again issued one electricity bill dated 17.3.2019 to the complainant qua which the opposite party again demanded Rs. 68,834/- as Sundry charges alongwith Rs.11,676/- and in total the opposite party demanded Rs. 82,516/- from the complainant vide this bill so again the complainant approached the opposite party regarding his grievance also again submitted before him that he is not liable to pay of this amount to him as no arrears are due against him for the electricity consumption bills nor any notice prior to the demand of these above mentioned amounts have been issued by the opposite party before demanding them from him but inspite of genuine submissions by the complainant, the opposite party immediately ordered the disconnection of electricity supply of the complainant by sending his subordinates and as such the complainant is living without electricity supplies at his residence without any jurisdiction on the part of the opposite party. The opposite party is very much adamant to harass the complainant as he is demanding illegal amounts from him as it is very evident from the bills dated 25.11.2018, 17.3.2019 and 19.1.2019 as qua these bills, the opposite party has demanded Rs. 21,200/-, Rs. 11,676/- and Rs. 5,056/- as current year arrears respectively as from this it is very much clear that these two amounts have been demanded without any justification from the complainant nor any reply to the query of the complainant was given by the opposite party regarding these amounts also nor the opposite party restored the electricity supply of the complainant inspite of several request. The complainant has prayed that the opposite party be directed to restore the electricity supply of the complainant. The bills dated 25.11.2018, 19.1.2019 and 19.3.2019 may be withdrawn. The complainant has also prayed Rs. 20,000/- as compensation and Rs. 15,000/- as litigation expenses. Alongwith the complaint, the complainant has placed on record his affidavit Ex. C-1, Self attested copy of electricity Bill dated 25.11.2018 Ex. C-2, Self attested copy of electricity bill dated 17.3.2019 Ex. C-3, Self attested copy of Bill dated 19.1.2019 Ex. C-4.
2 After formal admission of the complaint, notice was issued to Opposite Party and Opposite Party appeared through counsel and filed written version taking the preliminary objections that the present complaint is not properly filed. M.D. PSPCL Patiala and XEN PSPCL Patti have not been joined as party to the present complaint, as such, the complaint is not properly filed and same is liable to be dismissed. The present complaint is bad for non-joinder of necessary parties and is liable to be dismissed. The present complaint is not maintainable being devoid of merits. The complainant is not consumer and as such the complainant is not competent to file the present complaint before this Forum. The connection in question is in the name of one Naresh Kumar and bills are being issued in the name of Naresh Kumar. On merits, it was pleaded that Naresh Kumar is paying the electricity bills which are issued in the name of Naresh Kumar. The bills are arrears of electricity bills which have been entered in the Sundry Register and was not billed in the bills of consumer due to negligence on the part of some employee of the opposite party and this flaw was detected when audit party of the opposite party set the account of Sundry register and directed the opposite party to charge the unpaid amount from the consumer concerned and the bill is for the arrear of electricity charges. The complainant has got no cause of action against the opposite party and the opposite party has denied the other contents of the complaint and prayer was made for dismissal of the complaint. Alogwith the written version, the opposite party has placed on record affidavit of Amritpal Singh SDO Ex. OP/1.
3 We have heard the complainant and Ld. counsel for the opposite party and have gone through the documents placed on the file by the parties.
4 Ld. counsel for the complainant contended that an electricity connection heaving account No. 3000255838 is installed which is running in the name of Naresh Kumar c/o Kishan Lal. He further contended that said Naresh Kumar sold the residential house, where the connection in question is installed and the complainant is paying for the consumption to the opposite party and as such, the complainant is the beneficiary of the connection and as such consumer of the opposite party. The complainant has been paying the electricity bills for the power consumed by him to the opposite party regularly and as such there is no dues as arrears against the complainant. The complainant was astonished and embarrassed when he received the electricity bill dated 25.11.2018 qua which the opposite party demanded Rs. 1,01,027/-. The complainant approached the opposite party and inquired about the demand of Rs. 1,01,027/- vide the above mentioned bill and in reply the opposite party told the complainant that he has to pay this amount otherwise his electricity supply will be disconnected. The opposite party demanded Rs. 21,200/- as current year arrears which has also not been explained by the opposite party and without justification. The complainant visited the opposite party several times regarding his above mentioned grievance and in the meantime the complainant again received one electricity bill from the opposite party dated 19.1.2019 qua which the opposite party again demanded Rs. 68,839/- as Sundry charges alongwith Rs. 5,056/- as arrears current year and as such in total the opposite party demanded Rs. 75,537/- from the complainant, so again the complainant approached the opposite party and again requested him to withdraw the demand of this amount but again with the same reply of the opposite party. The opposite party again issued one electricity bill dated 17.3.2019 to the complainant qua which the opposite party again demanded Rs. 68,834/- as Sundry charges alongwith Rs.11,676/- and in total the opposite party demanded Rs. 82,516/- from the complainant vide this bill. Again the complainant approached the opposite party regarding his grievance and stated that he is not liable to pay this amount to him as no arrears are due against him for the electricity consumption bills nor any notice prior to the demand of these above mentioned amounts have been issued by the opposite party before demanding them from him but inspite of genuine submissions by the complainant, the opposite party immediately ordered the disconnection of electricity supply of the complainant by sending his subordinates and as such the complainant is living without electricity supplies at his residence without any jurisdiction on the part of the opposite party. The complainant has prayed that the present complaint may be allowed.
5 Ld. counsel for the opposite party contended that present complaint is not properly filed. M.D. PSPCL Patiala and XEN PSPCL Patti have not been joined as party to the present complaint. The present complaint is not properly filed and same is liable to be dismissed. The present complaint is bad for non-joinder of necessary parties and is liable to be dismissed. The present complaint is not maintainable being devoid of merits. The complainant is not consumer and as such, the complainant is not competent to file the present complaint before this Forum. The connection in question is in the name of one Naresh Kumar and bills are being issued in the name of Naresh Kumar. The bills are arrears of electricity bills which have been entered in the Sundry Register and was not billed in the bills of consumer due to negligence on the part of some employee of the opposite party and this flaw was detected when audit party of the opposite party set the account of Sundry register and directed the opposite party to charge the unpaid amount from the consumer concerned and the bill is for the arrear of electricity charges. Ld. counsel for the opposite party prayed that the present complaint may be dismissed with heavy costs.
6 The complainant is using the connection in question and is paying the electricity bills to the opposite party as he has purchased the property where the connection in question is installed, as such, the complainant is beneficiary of the opposite party. The stand of the opposite party is that the bills are arrears of electricity bills which have been entered in the Sundry Register and was not billed in the bills of consumer due to negligence on the part of some employee of the opposite party and this flaw was detected when audit party of the opposite party set the account of Sundry register and directed the opposite party to charge the unpaid amount from the consumer concerned and the bill is for the arrear of electricity charges. But the opposite party has failed to produce on record any document showing the amount in question as arrears of bills of the complainant. On the other hands, Ld. counsel for the complainant argued that as per Electricity Supply Instruction Manual of opposite party where regulation No. 93 is regarding payment of arrears not originally billed. Relevant regulation is reproduced hereunder:
Payment of Arrears not Originally Billed : 93.1 There may be certain cases where the consumer is billed for some of the dues relating to previous months/years or otherwise as arrears on account of under assessment/ unauthorized use of electricity or demand / load surcharge pointed out by Internal Auditor/ detected by the authorized officers either owing to negligence of the PSPCL employees or due to some defect in the metering equipment or due to application of wrong tariff/ multiplication factor or due to mistake in connection or other irregularities/malpractices etc. In all such cases, separate bills shall be issued giving complete details of the charges levied. Such charges shall be shown as arrears in the subsequent electricity bills regularly till the payment is made. Supplementary bills shall be issued separately giving complete details of the charges in regard to theft cases, slowness of meters, wrong connection of the meter and unauthorized use of electricity etc. In such cases, the copy of relevant instructions under which the charges have been levied shall also be supplied to the consumer for facilitating the quick disposal of cases by consumer forums if approached by the consumer.
93.2 Limitation: Under Section 56(2) of the Act, no sum due from any consumer shall be recoverable after the period of two year from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied.
7 The opposite party has shown an amount of Rs. 5,023/- as Sundry charges in the in the bill Ex. C-2, Rs. 22,500/- as sundry charges in Bill Ex. C-3, Rs. 68,834/- as sundry charges in bill Ex. C-3 and Rs. 68,839/- as Sundry charges in Bill Ex. C-4. The complainant contended that the opposite party has not given detail of the Sundry charges before adding the same in the bill in questions. The complainant contended that no show cause notice before adding the said amount in the Sundry charges has been issued by the opposite party to the complainant. The complainant has put reliance on citation 2016 (2) Consumer Law Today 429 titled as “Uttar Haryana Bijli Vitran Nigam Limited & Others Vs Dinesh Sharma” wherein it is held that Electricity-Sundry charges cannot be charged without show cause notice to complainant. Consumer Protection Act, 1986, Section 2(1)(g)-electricity-Sundry charges added in electricity bill of complainant-Held-No show cause notice issued to the complainant before imposing penalty-OPs have miserably failed to show that provisional assessment made on the basis of audit report was ever served upon the complainant-In this way, they did not act as per provisions contained in the Electricity Act and it is deficiency in service-Consumer can ask the service provider to give him the details on the basis of which the demand is made, which is not in the present case. Para 7-The appellants have failed to show any notice issued to the complainant before imposing the penalty. Our Hon’ble High Court has also opined in “Punjab State Electricity Board and another Vs Ashwani Kumar 1993 (2) PLR 447” that notice is required before imposing the penalty and an order about person who was likely to be affected thereby. Consumer can ask the service provider to give him the details on the basis of which the demand is made, which is not in the present case.
8 Further as per their own regulations and instructions, opposite party cannot charge any amount of previous dues or arrears without giving any supplementary bill or notice giving complete detail of charges and also giving copy of relevant instructions in which the charges have been levied. They cannot disconnect the connection of the complainant on the basis of arrears/ dues of more than 2 years and in the present case, the opposite parties have failed to produce any evidence or document which proves that they issued any supplementary bill or notice giving complete and full detail of the defaulting amount. Therefore, we are fully convinced with the arguments and case law produced by complainant. It also creates doubt on the part of the opposite party why they remain mum for a long period. Moreover, as per version of the opposite party, the complainant cannot suffer by the lapse/mistake of some employee of the opposite party.
9 In view of above discussion, there is merit in the present complaint and the same is accepted and the bills Ex. C-2, Ex. C-3 and Ex. C-4 are hereby set aside qua sundry charges and arrears amount. However, the complainant is liable for the current consumption charges to the opposite party. The amount any deposited by the complainant in excess during the pendency of the present complaint be adjusted in the next bills of the complainant. The complainant has been harassed by the opposite party, the complainant is also entitled to Rs. 5,000/- (Rs. Five Thousand only) as compensation on account of harassment and Rs. 3,000/- (Rs. Three Thousand only) as litigation expenses. Opposite Party is 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.
Announced in Open Forum Dated: 03.02.2020 |
