Before the District Consumer Disputes Redressal Forum, Room No. 208 2nd Floor, District Administrative Complex, Tarn Taran
Consumer Complaint No : 20 of 2017
Date of Institution : 11.04.2017
Date of Decision : 23.12.2019
Pritpal Singh son of Santokh Singh resident of village Bhikhiwind, Tehsil Patti, District Tarn Taran.
...Complainant
Versus
- Punjab State Power Corporation Limited, through its Sub Divisional Officer, Sub Division Bhikhiwind, District Tarn Taran,
- Punjab State Power Corporation Limited through Sr. X.E.N, Sub Urban Division Tarn Taran, District Tarn Taran,
- The Punjab State Power Corporation Limited, Patiala through its Chairman.
…Opposite Parties.
Complaint Under Section 11, 12 and 13 of the Consumer Protection Act, 1986.
Quorum: Sh. Charanjit Singh, President
Smt. Jaswinder Kaur, Member
For Complainant Sh. M.P. Arora Advocate
For Opposite Parties Sh. A.K. Sharma Advocate
ORDERS:
Charanjit Singh, President;
1 The complainant Prittpal Singh has filed the present complaint under Section 11, 12 and 13 of the Consumer Protection Act (herein after called as 'the Act') against Punjab State Power Corporation Limited, through its Sub Divisional Officer, Sub Division Bhikhiwind, District Tarn Taran and others (Opposite Parties) on the allegations of deficiency in service and negligence in service on the part of opposite parties with the prayer to direct the opposite parties to correct the excessive and unjust electricity bill amount out of the account of the complainant as per the actual usage or to correct the excessive and unjust electricity bill amount out of the account of the complainant on the average basis, which is unjustly and excessively issued by the corporation to the complainant by deducting the excessive amount as well as amount of fine upon the excessive amount and to issue the correct bill to the complainant in the interest of justice and prayed Rs. 20,000/- as compensation and Rs. 10,000/- as litigation expenses.
2 The case of the complainant in brief is that the complainant is a small shopkeeper, having shop at Bhikhiwind Chownk whereby he uses to sell electronic equipment and other small things like goggles etc. through which the complainant is earning his livelihood. In the said shop, an electricity meter is installed in the name of Hardeep Singh and the complainant is using the electricity provided by the opposite parties vide electricity connection bearing account No.T12BA350769H. The complainant is consuming the electricity and further regularly paying the bill of consumed electricity. As such, the complainant is customer of the opposite parties for last more than 45 years. Usually, the electricity bill of the shop comes between Rs.1,000/- to 1,500/- in winter season and comes near about Rs.1,500/- to Rs.2,000/- in summer season and the complainant uses to pay his full bill within the stipulated time. In the month of November, 2015, the complainant astonished to receive the bill for the previous bill cycle for an amount of Rs.82,260/- as the said amount of bill is very excessive and is beyond the electricity consumed by the complainant as the complainant has used the electricity in the same manner in the said bill cycle as it was used in the previous bill cycles. The complainant has intimated the matter to concerned authorities of the opposite parties and they have guided the complainant to file a written application, as such, the complainant has filed a written request with regard to matter with the opposite party No. 2 and the opposite party No.2 has marked the letter to concerned official i.e. J.E. Gurbakhash Singh for investigation but no investigation was properly carried out by any official of opposite parties at that time. The complainant has requested so many times to J.E. Gurbakhash Singh to inquire the matter but he used to linger on the matter on one and other pretext. The complainant has made number of requests to the officials of corporation in this regard but no one was ready to listen the genuine requests of the complainant. Further in the month of February 2016, the complainant again got another bill of Rs.85,510/- which includes the earlier excessive and unjust amount of bill. The complainant again contacted the officials of opposite parties and they have guided the complainant to submit an application for the checking and change of meter bearing No.4PB08143 as his electricity meter is not working properly. As such, the complainant has moved an application dated 29.02.2016 for checking and change of the meter. After the moving of the said application, the complainant used to go regularly to office of J.E. Gurbakhash Singh as well as in the office of the concerned S.D.O. but all in vain. In the month of June 2016, the complainant has received a letter from the opposite party vide which the complainant has been called upon to remain present at M.E. Lab, (Amritsar) at Verka for checking purposes of the meter. After the checking, it was found by the lab that the meter bearing No.4PB08143 was not working properly and the said report is in the possession of the corporation. As such, it becomes very much clear that the excessive and unjust bill was issued due to fault in the meter. The meter was installed in the common chamber, installed and maintained by the opposite parties outside the shop. However afterwards, the said meter was changed by the concerned officials of the opposite parties with the new meter bearing No.387337. The concerned S.D.O. allowed the complainant to deposit the amount of electricity bill as per his consumption in each bill cycle and the complainant is regularly clearing his due towards the used electricity but the unjust and excessive amount of the complainant even after the discovery of fault of old meter and installation of the new meter. The complainant has suffered a lot due to fault of the meter but very astonishingly that inspite the discovery of the fault of the meter of the corporation, no official of the corporation was ready to hear the request of the complainant with regard to correction of the excessive and unjust bill amount. The complainant has requested to officials so many times to revise the bill and deduct the unjust and excessive amount out of the electricity account as the complainant is not obliged to pay the excessive and unjust bill amount due to fault of the old meter but all in vain. Up till now, the correction in the bill is not being done with regard to the excessive and unjust bill amount. Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party.
3 After formal admission of the complaint, notice was issued to Opposite Parties and opposite parties appeared through counsel and filed written version contesting the complaint on the preliminary objections that the complainant has got no cause of action against the opposite parties. The complainant has suppressed material facts from this Forum and has not placed true and full facts before this Forum and has concealed material facts from this Forum, as such, the complainant is not entitled to any discretionary relief from this Forum. The complainant is not a consumer of opposite parties and the present complaint is not maintainable, as such, the present complaint is liable to be dismissed. The complainant has got no right, title or concern with the electricity connection, as such, he has no locus standi to file the present complaint. The present complaint is an abuse of the process of law and same is liable to be dismissed. On merits, it was pleaded that the electric connection is running in the shop as such, the same is commercial one and the present complaint is not maintainable in this Forum. Bills are being paid by Hardeep Singh who is consumer of the opposite parties. The bill issued by the opposite party is correct and legal one and as per actual consumption. The meter was checked by M.E. Lab Verka and found to be correct. And the bills have been issued correctly and the same are legal and void one. A notice was given for appearing in the M.E. Lab Amritsar and meter was found in working condition and meter was found working properly and accurately and test was also passed and bill has been given and dial test of the meter was done on 15.6.2016. The complainant is a wrong doer and this Forum cannot help to the wrong doer and all the other allegations in the complaint have been denied by the opposite parties and prayer was made for dismissal of the complaint with costs.
4 Sufficient opportunities were granted to the parties to lead evidence in order to prove their respective case. Ld. counsel for the complainant tendered in evidence affidavit of complainant Ex. C-1 alongwith documents Ex. C-2 to Ex. C-26 and closed the evidence. To rebut the evidence of the complainant, Ld. counsel for the opposite parties tendered in evidence affidavit of Sh. Jaspal Singh SDO Ex. OPs/1 alongwith documents Ex. OPs/2 to Ex. OPs/4 and closed the evidence.
5 We have heard the Ld. Counsel for the complainant and opposite parties and have gone through the evidence and documents placed on the file by the parties.
6 Ld. counsel for the complainant contended that complainant is a small shopkeeper, having shop at Bhikhiwind Chownk whereby he uses to sell electronic equipment and other small things like goggles etc. through which the complainant is earning his livelihood. In the said shop, an electricity meter is installed in the name of Hardeep Singh and the complainant is using the electricity provided by the opposite parties vide electricity connection bearing account No.T12BA350769H. The complainant is consuming the electricity and further regularly paying the bill of consumed electricity. As such, the complainant is customer of the opposite parties for last more than 45 years. Usually, the electricity bill of the shop comes Rs.1,000/- to 1,500/- in winter season and comes near about Rs.1,500/- to Rs.2,000/- in summer season and the complainant uses to pay his full bill within the stipulated time. In the month of November, 2015, the complainant astonished to receive the bill for the previous bill cycle for an amount of Rs.82,260/- as the said amount of bill is very excessive and is beyond the electricity consumed by the complainant as the complainant has used the electricity in the same manner in the said bill cycle as it was used in the previous bill cycles. The complainant has intimated the matter to concerned authorities of the opposite parties and they have guided the complainant to file a written application, as such, the complainant has filed a written request with regard to matter with the opposite party No. 2 and the opposite party No.2 has marked the letter to concerned official i.e. J.E. Gurbakhash Singh for investigation but no investigation was properly carried out by any official of opposite parties at that time. The complainant has requested so many times to J.E. Gurbakhash Singh to inquire the matter but he used to linger on the matter on one and other pretext. The complainant has made number of requests to the officials of corporation in this regard but no one was ready to listen the genuine requests of the complainant. Further in the month of February 2016, the complainant again got another bill Ex. C-21 of Rs.85,510/- which includes the earlier excessive and unjust amount of bill. The complainant again contacted the officials of opposite parties and they have guided the complainant to submit an application for the checking and change of meter bearing No.4PB08143 as his electricity meter is not working properly. As such, the complainant has moved an application dated 29.02.2016 for checking and change of the meter which is Ex. C-15. After the moving of the said application, the complainant used to go regularly to office of J.E. Gurbakhash Singh as well as in the office of the concerned S.D.O. but all in vain. In the month of June 2016, the complainant has received a letter from the opposite party vide which the complainant has been called upon to remain present at M.E. Lab, (Amritsar) at Verka for checking purposes of the meter. After the checking, it was found by the lab that the meter bearing No.4PB08143 was not working properly and the said report is in the possession of the corporation. As such, it becomes very much clear that the excessive and unjust bill was issued due to fault in the meter. The meter was installed in the common chamber, installed and maintained by the opposite parties outside the shop. However afterwards, the said meter was changed by the concerned officials of the opposite parties with the new meter bearing No.387337. The concerned S.D.O. allowed the complainant to deposit the amount of electricity bill as per his consumption in each bill cycle and the complainant is regularly clearing his due towards the used electricity but the unjust and excessive amount of the complainant even after the discovery of fault of old meter and installation of the new meter. The complainant has suffered a lot due to fault of the meter but very astonishingly that inspite the discovery of the fault of the meter of the corporation, no official of the corporation was ready to hear the request of the complainant with regard to correction of the excessive and unjust bill amount. The complainant has requested to officials so many times to revise the bill and deduct the unjust and excessive amount out of the electricity account as the complainant is not obliged to pay the excessive and unjust bill amount due to fault of the old meter but all in vain. Up till now, the correction in the bill is not being done with regard to the excessive and unjust bill amount. Ld. counsel for the complainant contended that before adding the amount in the bill in question as Sundry Charges no prior notice with full detail was given to the complainant. The complainant has prayed that the present complaint may be allowed.
7 Ld. counsel for the opposite parties contended that the complainant has got no cause of action against the opposite parties. The complainant has suppressed material facts from this Forum and has not placed true and full facts before this Forum and has concealed material facts from this Forum, as such, the complainant is not entitled to any discretionary relief from this Forum. The complainant is not a consumer of opposite parties and the present complaint is not maintainable, as such, the present complaint is liable to be dismissed. The complainant has got no right, title or concern with the electricity connection, as such, he has no locus standi to file the present complaint. The present complaint is an abuse of the process of law and same is liable to be dismissed. He pleaded that the electric connection is running in the shop as such, the same is commercial one and the present complaint is not maintainable in this Forum. Bills are being paid by Hardeep Singh who is consumer of the opposite parties. The bill issued by the opposite party is correct and legal one and as per actual consumption. The meter was checked by M.E. Lab Verka and found to be correct. And the bills have been issued correctly and the same are legal and void one. A notice was given for appearing in the M.E. Lab Amritsar and meter was found in working condition and meter was found working properly and accurately and test was also passed and bill has been given and dial test of the meter was done on 15.6.2016. The complainant is a wrong doer and this Forum cannot help to the wrong doer and prayed that the present complaint may be allowed.
8 The objection taken by the opposite parties that the connection in question is installed in the shop of complainant and the complainant is using the connection in question for his commercial use, as such the present complaint is not maintainable in this Forum. On the other hands, the complainant has pleaded in his pleadings that the connection is installed in his shop and is earning his livelihood and has declared the same in his affidavit Ex. C-1, as such, the complainant is using the connection for earning his bread and the present complaint is maintainable in this Forum and this objection of the opposite parties has no force at all.
9 The complainant has pleaded that usually, the electricity bill of the shop of the complainant comes between Rs..1,000/- to 1,500/- in winter season and comes near about Rs.1,500/- to Rs.2,000/- in summer season but the complainant astonished to receive bill Ex. C-21 for an amount of Rs.85,510/- in which an amount of Rs. 84,135/- has been shown as Sundry charges. The bill Ex. C-22 is showing that the opposite parties have added amount of Rs. 84,135/- as Sundry Charges and there is no any document placed on record by the opposite parties which shows that prior detailed notice has been given to the complainant before adding the sundry charges in his bill Ex. C-22. So there is violation of provisions of rules and regulations framed by the opposite party itself as opposite parties cannot charge the arrears/sundry charges without issuing separate detailed notice as per regulation 124.1 of the Electricity Supply Regulations of the opposite party. It has been held by the Hon’ble Punjab State Consumer Disputes Redressal Commission, Chandigarh in case PSEB Vs. Hardeep Singh 2010(2)CLT 259 that where the payment of Rs. 27501/- was not raised by the appellant through a separate detailed notice as required by regulation 124.1 and added in the bill in dispute as sundry charges, there is violation of the regulation of the opposite party. However, the appellant is at liberty to raise fresh demand of the amount in dispute and can charge the same from the complainant by following proper procedure.
10 In view of above discussion, the present complaint is allowed and the opposite parties are directed to correct the account of the complainant after removing the sundry charges. The opposite party is directed to issue fresh bill on the basis of actual consumption for the disputed period after recording the consumption of proceeding 6 months on average basis. 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 immediately from the date of receipt of copy of the order, failing which the complainant shall be entitled to interest at the rate of 9% per annum from the date of filing the present complaint till realization. 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 23.12.2019
