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

Consumer Complaint No  :    24 of 2019

Date of Institution                      :   02.05.2019

Date of Decision               :   27.08.2019

Gurmeet Singh son of Bhag Singh resident of village Panjwar Khurd, Tehsil and District Tarn Taran.

                                                                             …..Complainant

                             Versus

1. SDO Punjab State Power Corporation Ltd. Sub Division Jhabal, Tehsil and District Tarn Taran,
2. Sr. XEN, Punjab State Power Corporation Ltd. 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. Ankush Sood Advocate.

For Opposite Party                           Exparte.

ORDERS:

Charanjit Singh, President;

1        The complainant Gurmeet Singh has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called   as 'the Act') against SDO Punjab State Power Corporation Limited, Sub Division Jhabal, Tehsil and District Tarn Taran (Opposite parties) on the allegations of deficiency in service and negligence in service on the part of the opposite parties with further prayer that the opposite parties may be directed to set aside/ quash the electricity bill amounting to Rs. 71,600/- as the complainant belongs to Schedule Caste and concession/ subsidy has to be granted to him by the State Govt. and to change this electricity meter and to install new proper electricity meter. The complainant has also prayed Rs. 20,000/- as compensation and Rs. 15,000/- as litigation expenses.

2        The case of the complainant in brief is that he belongs to Schedule Class Category. The complainant is consumer of PSPCL and is having one domestic electricity connection bearing account No.T21PW461511X installed at his house at Village Panjwar. The complainant is consuming the electricity and has been regularly paying the electricity consumption charges to the opposite parties, as such, the complainant has hired or availed the services of the opposite parties by paying consideration in the shape of electricity consumption bills and the complainant is consumer of opposite party as defined in the Indian Electricity Act, 2003 and is also beneficiary of services provided by the opposite party. As per the rules and regulations of the State Government, the Schedule Caste individuals are liable to get concession/subsidy on the electricity units as consumed for their domestic needs. The complainant belongs to Schedule Caste category and he is also liable to get that concession/subsidy from the state government regarding his electricity units which he consumes. Earlier the electricity bills which he was receiving from the Opposite parties bears remarks “concession by Government”. In the month of October 2016, the meter reader official of opposite parties told the complainant that in the electricity bill which the complainant was receiving the status of the bill is shown as ‘D’ code which means there is some technical fault in the electric meter. On which the complainant immediately moved an application to change the electric meter of his house and the same was changed by the opposite parties. Thereafter, the new electric meter was installed at the premises of the complainant and the officials of the opposite parties assured the complainant that the meter is in proper working condition. The complainant received an electric bill in the month of November 2018. On the very inception of the new electric meter, the complainant received a bill for an amount of Rs. 4,930/- which was more than his previous consumption as he was not heavy electric appliances installed in his house but still the complainant, however, managed to pay the same on 14.11.2018. The complainant visited the office of opposite party and verbally requested the opposite party to check the electric meter and it was running quite fast, but no action was taken by the opposite parties. The reason best known to them. More so,  in the month of January 2019, the complainant received an amount of Rs. -20/- as is a electricity bill, the complainant again visited the office of opposite parties and requested to rectify/ correct the electric bill which is received, as it was wrong, but the opposite parties gave false assurance about rectification of the electric bill. The complainant was earlier receiving electricity bill in between Rs.500/- to 1,000/- only as per his electric consumption which he was regularly paying the opposite party. Now in the month of March 2019 the complainant was surprised to see electricity bill for an amount of Rs.71,640/- which was on exorbitant amount. The meter reading shown in the electricity bill was excessive than the actual consumption of the complainant. The complainant is not having heavy appliance installed at house. In the bills the previous meter reading is shown as 871 units and current consumption is 1647 units. The sundry charges shown in the bill amount is Rs.57,918/-. Thereafter, the complainant visited the office of opposite parties and requested them to give the details of the electricity bill which was supplied, but not satisfactory reply was given to him by the opposite party. Furthermore no prior notice/ intimation was given to the complainant regarding the sundry charges which were imposed on him. The complainant also requested to the opposite parties that he belongs to schedule caste category and he is liable to get the concession/subsidy on every electricity bill as per State Govt. notification but no heed was paid to the genuine request of the complainant. The complainant is also liable to get average electric bill which has to be taken from his previous bills as the electric meter is not working properly. The opposite parties are threatening to disconnect the electricity supply of the complainant and also threatening to recover illegal amount for which they have got no legal right to do so. 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, self attested copy of schedule caste Certificate Ex. C-2, self attested copies of the bills Ex. C-3 to Ex. C-6

3        Notice of this complaint was sent to the opposite parties and but none has appeared on behalf of opposite parties. Consequently, the opposite parties were proceeded against exparte vide order dated 4.7.2019 of this Forum.

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 tendered in evidence his affidavit Ex. C-1 and in his affidavit and pleaded that he belongs to Schedule Class Category and scheduled Caste Certificate is Ex. C-2 on record. The complainant further pleaded in his affidavit that he is consumer of PSPCL and is having one domestic electricity connection bearing account No.T21PW461511X installed at his house at Village Panjwar. The complainant is consuming the electricity and has been regularly paying the electricity consumption charges to the opposite parties. He further pleaded that as per the rules and regulations of the State Government, the Schedule Caste individuals are liable to get concession/subsidy on the electricity units as consumed for their domestic needs. The complainant belongs to Schedule Caste category and he is also liable to get that concession/subsidy from the State Government regarding his electricity units which he consumes. Earlier the electricity bills which he was receiving from the Opposite parties bears remarks “concession by Government”. In the month of October 2016, the meter reader official of opposite parties told the complainant that in the electricity bill which the complainant was receiving the status of the bill is shown as ‘D’ code which means there is some technical fault in the electric meter. On which the complainant immediately moved an application to change the electric meter of his house and the same was changed by the opposite parties. Thereafter, the new electric meter was installed at the premises of the complainant and the officials of the opposite parties assured the complainant that the meter is in proper working condition. The complainant received an electric bill in the month of November 2018. On the very inception of the new electric meter, the complainant received a bill for an amount of Rs. 4,930/- which was more than his previous consumption as he was not heavy electric appliances installed in his house but still the complainant, however, managed to pay the same on 14.11.2018 receipt regarding payment of receipt is Ex. C-5. The complainant visited the office of opposite party and verbally requested the opposite party to check the electric meter and it was running quite fast, but no action was taken by the opposite parties. The reason best known to them. More so,  in the month of January 2019, the complainant received an amount of Rs. -20/- as is a electricity bill which is Ex. C-4. The complainant again visited the office of opposite parties and requested to rectify/ correct the electric bill which is received, as it was wrong, but the opposite parties gave false assurance about rectification of the electric bill. The complainant was earlier receiving electricity bill in between Rs.500/- to 1,000/- only as per his electric consumption which he was regularly paying the opposite party. Now in the month of March 2019 the complainant was surprised to see electricity bill Ex. C-3 for an amount of Rs.71,640/- which was on exorbitant amount. He further pleaded that the meter reading shown in the electricity bill was excessive than the actual consumption of the complainant. The complainant is not having heavy appliance installed at house. In the bills the previous meter reading is shown as 871 units and current consumption is 1647 units. The Sundry charges shown in the bill amount is Rs.57,918/-. Thereafter, the complainant visited the office of opposite parties and requested them to give the details of the electricity bill which was supplied, but not satisfactory reply was given to him by the opposite party. Furthermore no prior notice/ intimation was given to the complainant regarding the sundry charges which were imposed on him. The complainant also requested to the opposite parties that he belongs to schedule caste and he is liable to get the concession/subsidy on every electricity bill as per State Govt. notification but no heed was paid to the genuine request of the complainant. The complainant is also liable to get average electric bill which has to be taken from his previous bills as the electric meter is not working properly. He further pleaded that the opposite parties are threatening to disconnect the electricity supply of the complainant and also threatening to recover illegal amount for which they have got no legal right to do so 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 none has appeared on behalf of opposite parties in order to contest the complaint which shows that the Opposite Parties have 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 parties did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice. Moreover, before adding the amount in the bill, the opposite parties has not given any notice to the complainant consisting the detail of the amount mentioned in the bill in question.           

7        In light of the above discussion, the complaint succeeds and the same is hereby allowed exparte with costs in favour of the complainant and against the Opposite Parties. The Bill Ex. C-3 for Rs. 71,640/- is hereby quashed. The amount, if any, deposited by the complainant out of the above said amount be adjusted in the next bills of the complainant. The complainant is liable for the consumption charges to the opposite parties. The complainant has been harassed by the opposite parties. The complainant is also entitled to Rs. 5,000/- ( Rs. Five Thousand only) as compensation on account of harassment and mental agony and Rs 3,500/- ( Rs. Three Thousand and Five Hundred only) as litigation expenses. 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.

          (Charanjit Singh)

    President

   (Jaswinder Kaur)

                   Member