ORDERS:

Varinder Pal Singh, Saini, Member

1        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 11 and 12 against the opposite party on the allegations that an electricity connection bearing account No. T64CG223599L of domestic category is installed in the residential premises of complainant and the complainant being beneficiary is consuming electricity from the above said electricity connection and has been making payment of electricity charges to the electricity department regularly as per bills issued by the opposite party from time to time and the complainant is consumer of the opposite party. The complainant has been making the payment of electricity bills regularly as per consumption recorded by the meter and as per the bills issued by the opposite party. There has been no default on the part of the complainant as far as the payment of electricity bills is concerned. There is no amount of electricity arrears outstanding against the complainant in respect of his above said electric connection. The complainant was shocked and surprised to receive an electricity bill dated 14.2.2019 for a sum of Rs. 49,800/- (before due date) and Rs. 50,796/- (after due date) issued by the opposite party in which the opposite party had wrongly and illegally claimed such huge amount without disclosing the details thereof. The said bill has been issued by the opposite party to the complainant without giving any prior notice to the complainant and on the receipt of above said bill the complainant immediately approached the officials of the opposite party at Sub Division for the correction of the bill and even presented copies of previous bills with payment receipts thereof  but the officials of the opposite party did not care to listen to the complainant and rather insisted upon the payment of bill in full first of all and then to seek any clarification. As per the circular of the board vide memo No. 3914/4555/DB-100L dated 12.1.2007 as well as account circular No. 10/2009 the opposite party has no right to add any amount of arrears in the bill except the current consumption charges but despite this circular, the opposite party has illegally added the alleged amount/ arrears in the bill. The impugned demand raised in the bill  under challenge is liable to be set aside being totally wrong, illegal, arbitrary, null and void, against the sales regulations as well as principles of natural justice and the alleged demand with respect to current year arrears is also time barred.  Before issuing the impugned bill the opposite party had neither issued any show cause notice to the complainant nor the opposite party has afforded any personal hearing to the complainant and as such, the impugned demand is against the principles of natural justice. The complainant as prayed that the following reliefs may be granted to the complainant:-

1. The opposite party may be directed to withdraw/ recall/ set aside the impugned bill dated 14.2.2019 being wrong, illegal, unjust, against the rules and regulations of PSPCL
2. To pay compensation of Rs. 20,000/- to the complainant for suffering mental pain, agony, harassment and inconvenience by him on account of deficiency on the part of the opposite party.

Alongwith the complaint, the complainant has placed on record his affidavit Ex. C-1, copy of circular Ex. C-2, Self attested coy of bill dated 9 April 2018 Ex. C-3, Self attested copy of Bill dated 4^th June, 2018 Ex. C-4, Self attested copy of Bill dated 13^th August 2018 Ex. C-5, Self attested copy of Bill dated 20^th Oct, 2018 Ex. C-6, Self attested copy of Bill dated 14^th December 2018 Ex. C-7, Self attested copy of bill dated 14^th Feb, 2019 Ex. C-8, Self attested copy of Bill dated 15^th April, 2019 Ex. C-9, Self attested copy of Adhar Card of Jagtar Singh Ex. C-10,

2        Notice of this complaint was sent to the opposite party and opposite party appeared through counsel and filed written version by taking preliminary objections that the present complaint is bad for non joinder of necessary parties. The present complaint is not maintainable in the eyes of law in the present commission as there is no Sub Division office at Goinidwal Sahib, so the question of any SDO does not arise in any manner to file the present complaint against the opposite party. The complainant has got no cause of action to file the present complaint against the opposite party. The complainant has got no locus standi to file the present complaint against the opposite party. On merits. it was pleaded that the electricity bill dated 14.2.2019 for sum of Rs. 49,800/- (before due date) and Rs. 50,796/- (after due date)  issued by the corporation is correct and as per the record of the corporation and the complainant is bound to pay the said amount. This is bill of arrears outstanding against the complainant. The amount of the bill is legal and genuine one and the complainant has to pay the same.  The bill is as per the circular of the corporation. The corporation has every right to disconnect the said connection in case of nonpayment of bill as per the rules of the corporation. There is no negligence, carelessness and unnecessary harassment by the corporation, so the question of any compensation as alleged in complaint does not arise. The opposite party has denied the other contents of the complaint and prayed for dismissal of the same. Ld. counsel for the opposite party placed on record affidavit of Satnam Singh Ex. OP/1.

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

4        Ld. counsel for the complainant contended that the complainant is consumer of the opposite party. The complainant has been making the payment of electricity bills regularly as per consumption recorded by the meter and as per the bills issued by the opposite party. He further contended that there is no amount of electricity arrears outstanding against the complainant in respect of his above said electric connection. The complainant was shocked and surprised to receive an electricity bill dated 14.2.2019 for a sum of Rs. 49,800/- (before due date) and Rs. 50,796/- (after due date) issued by the opposite party in which the opposite party had wrongly and illegally claimed such huge amount without disclosing the details thereof. He further contended that the said bill has been issued by the opposite party to the complainant without giving any prior notice to the complainant and on the receipt of above said bill the complainant immediately approached the officials of the opposite party at Sub Division for the correction of the bill and even presented copies of previous bills with payment receipts thereof  but the officials of the opposite party did not care to listen to the complainant and rather insisted upon the payment of bill in full first of all and then to seek any clarification. As per the circular of the board vide memo No. 3914/4555/DB-100L dated 12.1.2007 as well as account circular No. 10/2009 the opposite party has no right to add any amount of arrears in the bill except the current consumption charges but despite this circular, the opposite party has illegally added the alleged amount/ arrears in the bill. The impugned demand raised in the bill  under challenge is liable to be set aside being totally wrong, illegal, arbitrary, null and void, against the sales regulations as well as principles of natural justice and the alleged demand with respect to current year arrears is also time barred and prayed that the present complaint may be allowed. Ld. counsel for the complainant has also contended that the amount in question regarding the relevant period has been waived off by the Punjab Govt. and during the course of arguments, Ld. counsel for the complainant has placed on record one letter passed by the Punjab Govt. Department of Power in which defaulting amount of the consumers below the sanctioned load of 2 KW of Domestic connection has been waived of prior to 29, Sept. 2021. 

5        On the other hands, Ld. counsel for the opposite party has contended that the present complaint is bad for non joinder of necessary parties. The complainant has got no cause of action to file the present complaint against the opposite party. The complainant has got no locus standi to file the present complaint against the opposite party. He further contended that the electricity bill dated 14.2.2019 for sum of Rs. 49,800/- (before due date) and Rs. 50,796/- (after due date)  issued by the corporation is correct and as per the record of the corporation and the complainant is bound to pay the said amount. This is bill of arrears outstanding against the complainant. The amount of the bill is legal and genuine one and the complainant has to pay the same.  The bill is as per the circular of the corporation. The corporation has every right to disconnect the said connection in case of nonpayment of bill as per the rules of the corporation. There is no negligence, carelessness  and prayed that the present complaint may be dismissed.

6        In the present case, the amount in question relates to arrears / defaulting amount of the complainant which is quite clear from the written version filed by the opposite party. In Para No. 2 of the on merit of the written version, the opposite party has specifically pleaded that “…….. the complainant is bound to pay the said amount. This is bill of arrears outstanding against the complainant….”  As such, as per admission of the opposite party, this amount relates of arrears of consumption and is defaulting amount pertains to complainant prior to the year 2019. As per notification of Punjab Govt. Department of bearing No. A.V.P.N.1/246/2021-1 Cabinet/ 6516-20 dated 30.9.2021 the arrears prior to 29.9.2021 of DS connection up the sanctioned load of 2 KW have been waived off. The connection of the complainant is DS and sanctioned load is 0.96 KW and the amount in question has been waived off vide ibid notification of the Punjab Govt. and the opposite party is not entitled to above said amount.  

7        In view of above discussion, the present complaint is allowed and the amount of the present complaint has been waived off in view of the notification mentioned above. The parties are left to bear their own costs. Case could  not be disposed of within the stipulated period due to heavy pendency of the cases in this commission and due to COVID -19 copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission

28.03.2023