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

Consumer Complaint No  :  66 of 2018

Date of Institution                      : 21.06.2018

Date of Decision               : 04.04.2019

Salwinder Kaur wife of Sukhbir Singh son of Hazara Singh, resident of Dhara Wali Basti Patti, Tehsil Patti, District Tarn Taran.

                                                ...Complainant

Versus

1. Punjab State Powers Corporation Limited Patiala through its M.D/ Chairman/ authorized signatory
2. Executive Engineer, Punjab State Powers Corporation Limited Patti, Tehsil Patti, District Tarn Taran,
3. Sub Divisional Officer, Punjab State Powers Corporation Limited Patti, Tehsil Patti, District Tarn Taran.

…Opposite Parties.

Complaint Under Section 11 and 12 of the Consumer Protection Act, 1986.

Quorum:               Sh. Charanjit Singh, President

Smt. Jaswinder Kaur, Member

                             Sh. Jatinder Singh Pannu, Member

For Complainant                     Sh. Nakul Devgun Advocate

For Opposite Parties               Sh. A.K. Sharma Advocate

ORDERS:

Charanjit Singh, President;

1        The complainant Salwinder Kaur has filed the present complaint under Section 11 and 12 of the Consumer Protection Act (herein after called as 'the Act') against Punjab State Power Corporations Ltd. Patiala and others (Opposite Parties) on the allegations of deficiency in service and negligence in service on the part of opposite parties with prayer to withdraw Rs.37,620/- and subsequent bills and to install the electricity meter at the spot and to start the electricity to the connection in question and to pay Rs. 25,000/- as compensation for harassment and mental agony and Rs. 25,000/- as litigation expenses.

2        The case of the complainant in brief is that the complainant is very poor lady and belongs to Scheduled Caste and electricity in the State of Punjab is free to the person who belongs to Schedule Caste. An electric meter bearing its account No. 3000255139 was installed in the premises in which the complainant is residing and the above said meter is not at the spot for the last more than 3 years and bill for the electricity is being sent to the complainant on the basis of average. The complainant is using only one electric bulb and fan in summer season. The complainant is a widow lady and belongs to scheduled caste and is doing the menial job in the houses of the inhabitants of Patti Town. The opposite parties are sending the bills to the complainant in excess. The complainant has requested the opposite parties many a times to install the meter at the spot but the opposite parties are not installing the meter at the spot for the last more than 3 years and the opposite parties are liable for the same. The complainant has written a letter dated 25.6.2017 to the opposite parties for correction of bill but on no avail. The complainant has surprised to see the bill for Rs. 37,620/- issued by the opposite parties for a very huge amount and the complainant has requested the opposite parties to correct the bill as she is burning only one bulb and fan in summer season but the opposite parties are putting off  the matter under one pretext or the other. The complainant is residing on the rented house and meter is installed in the name of one Ashok Kumar who does not reside in the house but the electricity is being used by the complainant herself. There is a policy of Punjab Govt. that 200 units of electricity to the schedule caste person is exempted in every month and concession of 200 units in every month is to be given to the complainant in her bills. In this way the complainant is entitled to use the 400 units free/ under concession in every bill for a period of two months. Meaning thereby that the Punjab Govt. is giving relaxation of 400 units against the bill of 2 months. The average consumption of the complainant is in between 100 to 200 units in every month. The concession of units of electricity of the complainant in every month is up to 200 units. Now the electricity to the house of complainant is cut by the opposite parties illegally and forcibly and the complainant is now residing without the electricity. This act of the opposite parties constitutes deficiency in services, unfair trade practice. 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 filed her self attested affidavit Ex. C-1, Self attested copy of electricity Bill Ex. C-2, Self attested copy of application dated 25.6.2017 Ex. C-3.

3        After formal admission of the complaint, notice was issued to Opposite Parties and Opposite Parties appeared through counsel and admitted that electricity meter in question is installed in the premises in which the complainant is residing and the complainant is billed on average basis. . The opposite parties have denied the other contents of the complaint and prayed for dismissal of the complaint.  Alongwith the written version, the opposite party has placed on record the affidavit of Er. Kashmira Lal A.E. Ex. OP/1.

4        The complainant has filed rejoinder and rebut the allegations as taken in the written version.

5        We have heard the Ld. Counsel for the parties and have gone through the documents placed on the file by the parties.

6        Ld. counsel for the complainant contended that the complainant is very poor lady and belongs to Scheduled Caste and electricity in the State of Punjab is free to the person who belongs to Schedule Caste. An electric meter bearing its account No. 3000255139 was installed in the premises in which the complainant is residing and the above said meter is not at the spot for the last more than 3 years and bill for the electricity is being sent to the complainant on the basis of average. The complainant is using only one electric bulb and fan in summer season. The complainant is a widow lady and belongs to scheduled caste and is doing the menial job in the houses of the inhabitants of Patti Town. Ld. counsel for the complainant further contended that these facts of the complainant have been admitted by the opposite party in their written version as well as in the affidavit of Er. Kashmira Lal A.E. Ex. OPs/1. He further contended that the opposite parties are sending the bills to the complainant in excess. The complainant has requested the opposite parties many a times to install the meter at the spot but the opposite parties are not installing the meter at the spot for the last more than 3 years and the opposite parties are liable for the same. The complainant has written a letter dated 25.6.2017 to the opposite parties for correction of bill which is Ex. C-3. The complainant has surprised to see the bill for Rs. 37,620/- issued by the opposite parties is a very huge amount and the complainant has requested the opposite parties to correct the bill as she is burning only one bulb and fan in summer season but the opposite parties are putting off the matter under one pretext or the other. He further contended that the complainant is residing on the rented house and meter is installed in the name of one Ashok Kumar who does not reside in the house but the electricity is being used by the complainant herself. He further contented that there is a policy of Punjab Govt. that 200 units of electricity to the schedule caste person is exempted in every month and concession of 200 units in every month is to be given to the complainant in her bills. He further contended that the Punjab Govt. is giving relaxation of 400 units against the bill of 2 months. He further contended that the average consumption of the complainant is in between 100 to 200 units in every month. Now the electricity to the house of complainant is disconnected by the opposite parties illegally and forcibly and the complainant is now residing without the electricity. This act of the opposite parties constitutes deficiency in services, unfair trade practice. The complainant prayed that the present complaint may be allowed.

7        Ld. counsel for the opposite party contended that meter in question is installed in the premises in which the complainant is residing and the complainant is billed on average basis and prayed for dismissal of the complaint. 

8        It is admitted fact by the opposite party in the written version filed by them as well as in the affidavit Ex. OP/1 of Er. Kashmira Lal A.E. that the complainant is a very poor lady and belongs to Scheduled Caste and electricity in the State of Punjab is free to the person who belongs to Schedule Caste. It is also admitted that an electric meter bearing its account No. 3000255139 was installed in the premises in which the complainant is residing and the above said meter is not at the spot for the last more than 3 years and bill for the electricity is being sent to the complainant on the basis of average. It is also admitted by the opposite parties that the complainant is using only one electric bulb and fan in summer season. The complainant is a widow lady and belongs to scheduled caste and is doing the menial job in the houses of the inhabitants of Patti Town. Ld. counsel for the complainant further contended that these facts of the complainant have been admitted by the opposite party in their written version as well as in the affidavit of Er.Kashmira Lal A.E. Ex. OPs/1. Ld. counsel for the complainant contended that the bill is in the name of one Ashok Kumar and the complainant is using the said connection and the complainant is beneficiary of the said connection. The complainant has also placed on record Bill which is Ex. C.2, which shows that the bill is being sent on the basis of average.  The opposite party in the present complaint has admitted that the complainant belongs to Scheduled Caste and the complainant is using only one electric bulb and fan in summer season. The complainant has placed on record Bill Ex. C-2 for Rs. 37,620/-.  In view of the admission of the opposite party that the complainant belongs to scheduled Caste and she is using only one Bulb and Fan in summer season. The opposite party has to give relaxation of 200 units in every month under Scheduled Caste Category.

9        In view of above discussion, the present complaint is partly allowed and the bill Ex. C-2 for Rs. 37,620/- is quashed. The opposite parties are also directed the take the average of the next 6 months period of the connection in question and after that the opposite party will issue the fresh bill to the complainant regarding the previous disputed months after considering the relaxation to SC category. Amount, if any, received in excess by the opposite party from the complainant, same be adjusted in the next bills in the connection in question.  The complainant has been harassed by the opposite parties, therefore, the complainant is also entitled to Rs. 5,000/- (Rs. Five Thousand only only) as compensation on account of harassment and Rs. 3,000/- (Rs. Three Thousand only) as litigation expenses.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.