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

Consumer Complaint No    :   107 of 2018

Date of Institution                      :    08.10.2018

Date of Decision               :   06.08.2019

Baljeet Kaur aged 55 years widow of Sakattar Singh resident of village Harike (Plot) Tehsil Patti, District Tarn Taran.

                                                                             …..Complainant

                             Versus

S.D.O. Punjab State Powers Corporation Ltd. Sub Division Harike Tehsil Patti, District Tarn Taran.

                                                                             …Opposite Party

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

Quorum:               Sh. Charanjit Singh, President

Smt. Jaswinder Kaur, Member

For Complainant                     Sh. G.S. Randhawa Advocate.

For Opposite Parties               Ex-parte

ORDERS:

Charanjit Singh, President;

1        The complainant Baljeet Kaur has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called   as 'the Act') against S.D.O. Punjab State Powers Corporation Ltd. Sub Division Harike Tehsil Patti, District Tarn Taran (Opposite party) on the allegations of deficiency in service and negligence in service on the part of the opposite party with prayer that the bills dated 8.3.2018 and 2.9.2018 issued by the opposite party qua the arrears of Rs. 46,840/- may kindly be ordered to be declared as null, void, illegal and quashed being without any basis. The opposite party be directed to install a new meter for the electricity supply of the complainant and not to disconnect the electricity supply of the complainant and also prayed Rs. 20,000/- as compensation and Rs. 5,500/- as litigation expenses.

2        The case of the complainant is that she is widow and is residing in a single room house with one electricity bulb and electricity fan installed in it and except these two gadgets, she is not using any other electronic gadget in her house and as such, she has very limited needs being quite poor. In the above said house, the complainant has availed one electricity connection having account No. T45TH421797P and she has been paying for consumption of electricity to the opposite party without any default and as such, there are no arrears of electricity bills due against her. The complainant has been categorized as concessional consumer under the Punjab Govt. scheme whereby under this category consumer is exempted from any bill up to 400 units for couple of months.  The complainant was astonished when she received one electricity bill dated 8.3.2018 whereby the opposite party demanded Rs. 35,260/-. The complainant had been paying for the consumption of the electricity/ power to the opposite party without any default.  The complainant approached the opposite party regarding inquiry of the above mentioned bill and the opposite party told the complainant that this amount has been wrongly demanded from her and her bill will be rectified and will be corrected in the next bill of complainant and as such, on the assurance of opposite party, the complainant was satisfied. The meter installed for the electricity connection was damaged by fire and as such, the complainant deposited Rs. 520/- as fee for new meter. The complainant was again embarrassed when she received a bill dated 2.9.2018 whereby the opposite party again demanded Rs. 46,840/- from her without any justification and as such, the complainant again approached the opposite party for rectifying the bill and also for installing a new meter which had not been installed by the opposite party but the opposite party did not hear to the genuine request of the complainant and did not bother to rectify the bill dated 2.9.2018 and her previous bill dated 8.3.2018. The opposite party also threatened the complainant to pay the bill of Rs. 46,840/- immediately otherwise her electricity supply will be disconnected. Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party. Alongwith the complaint, the complainant has placed on record her affidavit Ex. C-1, self attested copy of electricity bill Ex. C-2, Self attested copy of Bill dated 2.9.2018 Ex. C-3, Self attested copy of Receipt dated 24.4.2018 Ex. C-4.

3        Notice of this complaint was sent to the opposite party and previously Sh. A.K. Sharma Advocate filed memo of appearance on behalf of opposite party and later on no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte vide order dated 15.3.2019.

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 her affidavit Ex. C-1 and declared that she is widow and is residing in a single room house with one electricity bulb and electricity fan installed in it and except these two gadgets, she is not using any other electronic gadget as such, she has very limited needs. She further declared in her affidavit in the above said house, the complainant has availed one electricity connection having account No. T45TH421797P and she has been paying for consumption of electricity to the opposite party without any default and as such, there are no arrears of electricity bills due against her. The complainant has been categorized as concessional consumer under the Punjab Govt. scheme whereby under this category consumer is exempted from any bill up to 400 units for couple of months.  She further declared that she was astonished when received one electricity bill dated 8.3.2018 Ex. C-2 whereby the opposite party demanded Rs. 35,260/-. The complainant had been paying for the consumption of the electricity/ power to the opposite party without any default. The complainant approached the opposite party regarding inquiry of the above mentioned bill and the opposite party told the complainant that this amount has been wrongly demanded from her and her bill will be rectified and will be corrected in the next bill of complainant. She further declared in her affidavit that the meter installed for the electricity connection was damaged by fire and the complainant deposited Rs. 520/- as fee for new meter vide Ex. C-4. The complainant was again embarrassed when she received a bill dated 2.9.2018 Ex. C-3 whereby the opposite party again demanded Rs.46,840/- from her without any justification and as such, the complainant again approached the opposite party for rectifying the bill and also for installing a new meter which had not been installed by the opposite party but the opposite party did not hear to the genuine request of the complainant and did not bother to rectify the bill dated 2.9.2018 and her previous bill dated 8.3.2018. The opposite party also threatened the complainant to pay the bill of Rs. 46,840/- immediately otherwise her electricity supply will be disconnected. Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party.

6        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Party is 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 Party and Opposite Party did not appear in the Forum in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against it 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 party several times but the opposite party did not care to resolve the matter and this act of the opposite party not only committed deficiency in service, but also indulged in an unfair trade practice.            

7        From the overall circumstances as put before us, reveals that the complainant has approached the opposite party and deposited an amount of Rs. 520/- on 24.4.2018 vide Ex. C-4 to the opposite party regarding change of burnt meter. So, it means the complainant has given information to the opposite party and deposited the amount of Rs. 520/- on 24.4.2018 vide Ex. C-4 and thereafter, it is the duty of the opposite party to obey the mandatory provisions of the Electricity Department i.e. to replace the meter within 5 days from the date of receipt of the complaint/ deposit of amount, to that effect, we take an opportunity to refer Supply Code 2014, effective from 01.01.2015, wherein Clause 3 (3.2), under the Heading 'Complaints About Meters', is as under:-

“3.2     The distribution licensee shall replace a burnt out meter within five working days of the receipt of a complaint. Supply to the consumer shall, however, be immediately restored even by bypassing the meter till such time a new meter is installed”

8        It is clearly established that the Opposite Party has to obey the statutory provision of the Electricity Department, but for the best known reason, the Opposite Party has miserably failed to comply the said provision of the Electricity Department and as such, the Opposite Party is absolutely negligent in providing services to the complainant.

9        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 Party. The bill dated 2.9.2018 Ex. C-3 amounting to Rs. 46,840/- is hereby set aside. The opposite Party is also directed to replace the burnt meter of the complainant after fulfilling required formalities. The complainant is also entitled to Rs. 3,500/- (Rs. Three Thousand and Five Hundred) as compensation on account of harassment and mental agony and Rs 2,500/- ( Two Thousand and Five Hundred only) as litigation expenses from the opposite Party. 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.