Before the District Consumer Disputes Redressal Forum, Room No. 208 2nd Floor, District Administrative Complex, Tarn Taran
Consumer Complaint No : 25 of 2018
Date of Institution : 13.03.2018
Date of Decision : 01.10.2019
Kuldip Singh son of Balwant Singh resident of village Dhotian Tehsil and District Tarn Taran.
...Complainant
Versus
- The Chairman, Punjab State Powers Corporation Ltd. The Mall Patiala,
- Sr. XEN Punjab State Powers Corporation Ltd. Naushehra Pannuan Tehsil & District Tarn Taran,
- S.D.O, Punjab State Powers Corporation Ltd. Naushehra Pannuan Tehsil & District Tarn Taran.
…Opposite Parties.
Complaint Under Section 12 and 13 of the Consumer Protection Act, 1986.
Quorum: Sh. Charanjit Singh, President
Smt. Jaswinder Kaur, Member
For Complainant Sh. D.K. Kondura Advocate
For Opposite Parties Sh. S.P. Singh Lahri Advocate
ORDERS:
Charanjit Singh, President;
1 The complainant Kuldip Singh has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called as 'the Act') against opposite parties and alleged that the complainant is a consumer of opposite parties and a domestic electricity connection bearing account No.T62DH262176K is installed in the complainant’s residential house at village Dhotian Tehsil & District Tarn Taran. The status of the meter is “O” as evident in the bill dated 26.2.2018 and there is no joint in wires etc . No amount is due against the above said connection. To the utter surprise of the complainant, when he first time received a bill of Rs.19,940/- dated 13.3.2018 in which the opposite party has illegally, arbitrarily & unlawfully without any basis claimed Rs.19,940/- payable on due date 13.3.2018 and Rs.20,339/- payable after due date, which is wrong and against the law. On enquiry the opposite parties have informed nothing to the complainant regarding the alleged bill of Rs.20,339/- which they have imposed being an outstanding amount in respect of an electricity connection bearing account No.T62DH262176K in the name of Complainant- Kuldip Singh, which is totally wrong, illegal and hence denied. Moreover, no notice was ever issued to the complainant before imposing such illegal amount upon him. No detail is mentioned regarding the illegal charges in the illegal bill. No detail of alleged charges was ever supplied to the complainant by way of any notice or even otherwise. The demand of said illegal charges raised by the Opposite parties through the said bill in question, is illegal, null, void, and is liable to be rejected/ set aside and the complainant is not liable to pay such illegal and arbitrarily amount in any manner. The complainant approached the opposite parties many a times with request to withdraw the said illegal amount on one pretext or the other not settled the bill and now have finally flatly refused to accept this genuine request made by the complainant since a week back from filing the present complaint. The opposite parties further threatened that they will recover the said illegal amount or will disconnect the connection of the complainant by force or illegal means, for which they have got no legal or valid right to do so in any manner. The opposite parties are guilty of fault, imperfection, abort coming and inadequacy in the quality, nature and deficiency in service. The bill as mentioned above claiming an illegal amount is null, void, illegal and the complainant is not liable to pay any alleged amount. The complainant has prayed that the bill dated 26.2.2018 for Rs. 20,339/- be declared as illegal, null and void and be quashed and also prayed to direct the opposite parties to update the official record and to pay Rs. 20,000/- as compensation and Rs. 20,000/- as litigation expenses.
2 After formal admission of the complaint, notice was issued to Opposite Parties and Opposite Parties appeared through counsel and filed written version taking the preliminary objections that the complainant has filed this complaint by concealing the true and material facts from this Forum. The status of the meter is ‘O’ and there is no joint in the wire. The complainant has informed the opposite parties in the month of October 2013 that the meter of the complainant was burnt and after receiving the information, the employee of the opposite parties visited the spot and found that the meter was burnt and after complying the legal formalities, the opposite parties changed the meter of the complainant and at that time the reading was ‘5236’ which was due at the time of the change of the meter. The opposite parties sent the bill to the consumer as per reading on the changed meter but did not recover the said amount in dispute of the old meter and in the month of January 2018 the audit party has found that the opposite parties have not received the legal amount of Rs.19,028/- of the old meter. The opposite parties have sent a legal and valid bill in dispute to the opposite parties including Rs. 19,028/- hence the bill in dispute is valid and legal and as per instruction of the rules & regulations of the department. The bill in dispute sent by the opposite parties to the complainant is legal one and the complainant is legally bound to pay the legal and valid bill in dispute to the opposite parties. When the complainant approached the opposite parties for the bill in dispute then the opposite parties have given detail regarding the amount in dispute instead of paying the legal amount of the consumed electricity, the complainant has filed this complaint concealing the true and material facts from this Forum. When the complainant approached the opposite party then he was informed that the amount is of last reading of the burnt meter and the opposite parties are recovering this amount as per law, rules, regulation and directions of the department which is legal and prayer was made for dismissal of the complaint. Alongwith the written version, the opposite parties have placed on record affidavit of Surjit Singh SDO Ex. OPs-1, Self attested copy of Bill Ledge Ex. OPs-2, Self attested copy of meter change order of PSPCL Ex. OPs-3, Self attested copy of Audit Report of PSPCL Ex. OPs-4, Self attested copy of Meter (General) of PSPCL Ex. OPs-5,
3 The complainant has filed rejoinder and controverted the stand taken by the opposite parties in the written version and reiterated the stand as taken in the complaint and prayed that the present complaint may be allowed. Alongwith the rejoinder, the complainant has placed on record attested copy of Bill dated 8.7.2013 Ex. C-1, attested copy of receipt dated 23.7.2013 Ex. C-2, attested copy of Bill dated 9.9.2013 receipt dated 25.9.2013 Ex. C-3, Ex. C-4, Attested copy of receipt dated 5.11.2013 Ex. C-5, receipt dated 5.11.2013 Ex. C-6, Attested copy of receipt dated 30.12.2013 Ex. C-7, Attested Photostat copy of receipt dated 3.9.2013 Ex. C-8, Attested copy of Bill dated 26.2.2018 Ex. C-9, Affidavit of Kuldip Singh complainant Ex. C-10.
4 We have heard the complainant and Ld. counsel for the opposite parties and have gone through the documents placed on the file by the parties.
5 The main point in the present case is that the complainant has received Bill dated 13.3.2018 for Rs. 19,940/- Ex. C-9 and Ld. counsel for the complainant has contended that the bill Ex. C-9 is very excessive one and the complainant is not liable for the same and the complainant has prayed that the Bill Ex. C-9 may be quashed. On the other hands Ld. counsel for the opposite parties contended that the status of the meter is ‘O’ and there is no joint in the wire. The complainant has informed the opposite parties in the month of October 2013 that the meter of the complainant was burnt and after receiving the information, the employee of the opposite parties visited the spot and found that the meter was burnt and after complying the legal formalities, the opposite parties changed the meter of the complainant and at that time the reading was ‘5236’ which was due at the time of the change of the meter. It is also contended that the opposite parties sent the bill to the consumer as per reading on the changed meter but did not recover the said amount in dispute of the old meter and in the month of January 2018 the audit party has found that the opposite parties have not received the legal amount of Rs.19,028/- of the old meter. He further contended that the opposite parties have sent a legal and valid bill in dispute to the opposite parties including Rs. 19,028/- hence the bill in dispute is valid and legal and as per instruction of the rules & regulations of the department. The bill in dispute sent by the opposite parties to the complainant is legal one and the complainant is legally bound to pay the legal and valid bill in dispute to the opposite parties. When the complainant approached the opposite parties then he was informed that the amount is of last reading of the burnt meter and the opposite parties are recovering this amount as per law, rules, regulation and directions of the department which is legal and prayer was made for dismissal of the complaint. The opposite parties have placed on record Bill Ledger of the account of complainant Ex. OP/2, another document of PSPCL Ex. OP/5, showing amount in question relates to the year 2013. As such, it shows that the amount in question pertaining to the year 2013 has been added by the opposite parties in the bill Ex. C-9dated 26.2.2018. On this, Ld. counsel for the complainant argued that as per Electricity Supply Instruction Manual of opposite parties where regulation No. 93 is regarding payment of arrears not originally billed. Relevant regulation is reproduced hereunder:
Payment of Arrears not Originally Billed : 93.1 There may be certain cases where the consumer is billed for some of the dues relating to previous months/years or otherwise as arrears on account of under assessment/ unauthorized use of electricity or demand / load surcharge pointed out by Internal Auditor/ detected by the authorized officers either owing to negligence of the PSPCL employees or due to some defect in the metering equipment or due to application of wrong tariff/ multiplication factor or due to mistake in connection or other irregularities/malpractices etc. In all such cases, separate bills shall be issued giving complete details of the charges levied. Such charges shall be shown as arrears in the subsequent electricity bills regularly till the payment is made. Supplementary bills shall be issued separately giving complete details of the charges in regard to theft cases, slowness of meters, wrong connection of the meter and unauthorized use of electricity etc. In such cases, the copy of relevant instructions under which the charges have been levied shall also be supplied to the consumer for facilitating the quick disposal of cases by consumer forums if approached by the consumer.
93.2 Limitation: Under Section 56(2) of the Act, no sum due from any consumer shall be recoverable after the period of two year from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied.
6 In view of above discussion, there is merit in the present complaint and the same is accepted and the bill dated 26.2.2018 Ex. C-9 amounting to Rs. 20,339/- (Rs. Twenty thousand three hundred and thirty nine only) is hereby set aside. The complainant has been harassed by the opposite parties, the complainant is also entitled to Rs. 4,000/- (Rs. Four Thousand only) as compensation on account of harassment and Rs. 3,000/- (Rs. Three Thousand 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. Announced in Open Forum Dated: 1.10.2019 |
(Charanjit Singh)
President
(Jaswinder Kaur)
Member
