Punjab

Rupnagar

CC/19/73

Kaka Singh - Complainant(s)

Versus

P.S.P.C.L - Opp.Party(s)

Shiv Kumar Kashatirya,Adv

13 Nov 2019

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                       Consumer Complaint No. :      73 of 15.07.2019

                       Date of decision                        :         13.11.2019

 

Kaka Singh son of Sh. Ajit Singh, resident of Village Doom Chheri, Tehsil Morinda, District Rupnagar.  

                                                                 ......Complainant

                                             Versus

1. Punjab State Power Corporation Limited through its Sub Divisional Office Sub Division Morinda

2. Punjab State Power Corporation Limited through its Executive Engineer, Ropar

3.                                                                                                                                               ...Opposite Parties

                             Complaint under Section 12 of the                                                     Consumer Protection Act, 1986

QUORUM

 

                        SH. KARNAIL SINGH AHHI, PRESIDENT

                        CAPT. YUVINDER SINGH MATTA, MEMBER

 

ARGUED BY

 

Sh. Shiv Kumar Kashtriya, Adv. counsel for complainant 

Sh. K.S. Longia, Adv. counsel for O.P. along with RA Sh. Jagtar Singh  

 

                                           ORDER

              SH. KARNAIL SINGH AHHI, PRESIDENT

 

1.       Kaka Singh, son of Sh. Ajit Singh, resident of Village Doom Chheri, Tehsil Morinda, District Rupnagar, has filed the present complaint seeking directions to the opposite parties to receive the electricity charges as per the average of Rs.2000/- from the complainant; to pay Rs.20,000/- as compensation; to direct the O.Ps to not to disconnect the electricity connection from the premises of the complainant till the decision of the complaint in the interest of justice.  

2.       Brief facts made out from the complaint are that the complainant is having an electricity connection bearing No.R63SD451581M, which is installed in the house of the complainant. He is paying the electricity charges regularly and receive the average electricity bill of Rs.2000/- approximately. Nothing is due against the electricity connection. On 04.10.2018, the O.Ps. issued the electricity bill for the sum of Rs.17,799/- against the said electricity connection to him. He then visited the office of the O.Ps. where the officials of the O.Ps. gave him an assurance that they would correct the electricity bill after verifying the same. Thereafter, again in the month of December 2018, the O.Ps. issued the bill for a sum of Rs.19,130/-. The complainant again visited the office of O.Ps. and requested them to correct the bill but the O.Ps. told him that they would sent the next bill after proper verification. Now the complainant has received the bill for a sum of Rs.21,196/- wrongly and illegally issued by the O.Ps. After repeated visits and requests, O.Ps. failed to correct the bill of the complainant. Hence, this complaint.

 3.      On being put to the notice, the O.Ps. appeared through his counsel and filed written reply taking preliminary objections; that the complaint is not maintainable in the present form; that there is no deficiency in service on the part of O.Ps. On merits, it is stated that bill for the month of 04.10.2018 was issued for the sum of Rs.17,799/- because a sum of Rs.10,333/- was claimed through sundry charges on the basis of half margin. The actual consumption was 497 units and the bills for the said consumption was Rs.3641/- and there was an old arrears of Rs.3476/- which was a defaulted amount of old bill dated 08/2018. The complainant has not deposited the said bill. It is further stated that since 11/2015 to 5/2016 meter was not recording the consumption and Meter Reader pointed out the meter to be a dead stop. In view of the report of the Meter Reader, MCO was issued on 5.8.2016 and was effected on 6.8.2016. Now a new meter was installed at 14 units. The reading of the meter was noted on 23.11.2016 by the Meter Reader and the reading was 1558. Since the meter was installed at the initial reading of 14, in this way the net consumption was 1544 units. The bill for the sum of Rs.1170/- was issued for the consumption of 176 units, the bill was C code bill. In this way, 1368 units remained unbilled. The audit party vide half margin 220 dated 20.12.2017 pointed out to charge the sum of Rs.10,333/-. In this way the total bill came for the sum of Rs.17,799/- was claimed by the O.P. The complainant has not deposited the bill dated 04.10.2018, so the arrears of the old bill were added in the next bill. Since the complainant has made a default in the payment of regular bill under the garb of bill dated 4.10.2018, in this way the bill to the tune of Rs.21,196/- has been accumulated. Rest of the allegations made in the complaint have been denied and prayer has been made for dismissal of the complaint.

4.       On being called upon to do so, the learned counsel for the complainant has tendered his duly sworn affidavit of complainant Ex.C1 along with the documents Ex.C2 to Ex.C7 and closed the evidence. The learned counsel for the O.Ps. has tendered duly sworn affidavit of Sh. Sachin Gupta, Ex.OP1 along with documents Ex.OP2 to Ex.OP4 and closed the evidence.

5.       We have heard the learned counsel for the parties and have gone through the record of the file, carefully.

6.       Complainant counsel Sh. Shiv Kumar Kashatriya argued that Kaka Singh (complainant) received the bill dated 04.10.2018 for a sum of Rs.17,790/- vide which O.Ps demanded the sundry charges. Further bill is December 2018 vide which O.Ps raised the demand of Rs.19,130/-. The recent bill is of Rs.21196/-. Learned counsel prayed that complainant has been regularly depositing the current consumption charges and the O.P. demanded sundry charges i.e. Rs.10,333/- which cannot be recovered through the consumption bill and prayed to allow the complaint with cost.

7.       O.Ps. counsel Sh. K.S. Longia, along with RA Jagtar Singh argued that in the light of documentary evidence to dismiss the complaint and with specific request through RA Jagtar Singh that as and when the O.Ps. has come to recover the sundry charges i.e. to be recovered separately not through the bill of consumption. Indirectly, O.Ps. did not deny the recovery process of the sundry charges and prayed to dismiss the complaint with cost.

8.       Complainant pleaded that he is the consumer and relied upon the bill dated 04.10.2018 and December 2018, which is not denied by the O.Ps. Relationship between the parties is as consumer and in the pleadings as well as in the documentary evidence. So, the complainant is consumer, complaint is maintainable and this forum has territorial jurisdiction.

9.       Coming to the real controversy whether the O.Ps are entitled to recover the sundry charges through the bill of consumption of the electricity or not. Specific stand of the complainant is that O.Ps. cannot recover the said amount i.e. Rs.10,333/- through the bill of consumption. O.Ps. in their reply though denied the relief but at the time of arguments RA Jagtar Singh admitted that when the arrears of sundry charges are due then i.e. to be recovered separately by issue of notice.

10.     Complainant tendered his affidavit and then OPs placed on file Ex.OP2 i.e. consumption November 2015 to September 2019. The details pertains to November 2018 indicates sundry charges of Rs.10,333/- and further there is detail in the calculation sheet. O.Ps. also placed on file the photocopy of the bills Ex.OP3 to Ex.OP23 and disputed amount is sundry charges.

11.     Complainant counsel in support of his arguments relied upon the law laid down by the Hon'ble Haryana State Consumer Disputes Redressal Commission, Panchkula, order dated 14.3.2016, passed in First Appeal No.83 of 2015, titled as Uttar Haryana Bijli Vitran Nigam Limited & Ors Vs Dinesh Sharma. The relevant portion is reproduced as under:-

  "Consumer Protection Act, 1986 Section 2(1) (g) - Electricity Connection- Domestic purpose - Issurance of electricity bill by illegally adding sundry charges - Complaint partly allowed  - Appeal Held, no show cause notice was issued to the complainant before imposing penalty - Appellants miserably failed to show that provisional assessment made on the basis of audit report was ever served upon the complainant - Provisions of Electricity Act not followed - Deficiency in service proved - Consumer can ask the service provider to give him the details on basis of which the demand is made, which is not in the present case - No case made out for interference".  

       Then the complainant has also relied upon the order dated 09.12.1992 passed in RSA No.1865 of 1991, titled as Punjab State Electricity Board Vs Ashwani Kumar, passed by the Hon'ble Punjab & Haryana High Court. Appreciating the authorities referred above and keeping in view the submissions made by both the counsels and then appreciating the information supplied by RA Jagtar Singh, this forum has come to the conclusion that OPs is entitled to deposit the consumption charges whereas the sundry charges are to be recovered separately by issuing notice or as per law authorized. No doubt O.Ps. is held entitled to recover the said amount but not through the consumption bill and the same is to be recovered separately by adopting the due procedure.

12.  In the light of the discussions made above, the complaint stands allowed with the directions to the O.Ps. not to recover the sundry charges through the consumption bill and the same is to be recovered through separately by adopting the due procedure.

13.  The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.   

 

                     ANNOUNCED                                    (KARNAIL SINGH AHHI)

                     Dated.13.11.2019                           PRESIDENT
 

 

 

                                               (CAPT. YUVINDER SINGH MATTA)

                                                                   MEMBER