Before the District Consumer Disputes Redressal Forum, Room No. 208 2nd Floor, District Administrative Complex, Tarn Taran
Consumer Complaint No : 118 of 2018
Date of Institution : 19.12.2018
Date of Decision : 09.05.2019
Satnam Singh son of Arjan Singh resident of village Sarhali Khurd, Tehsil and District Tarn Taran.
…..Complainant
Versus
SDO Punjab State Power Corporation Limited, Sub Division Kairon, Tehsil Patti, District Tarn Taran.
…Opposite Party
Complaint Under Section 12 and 13 of the Consumer Protection Act .
Quorum: Sh. Charanjit Singh, President
Smt. Jaswinder Kaur, Member
Sh. Jatinder Singh Pannu, Member
For Complainant Sh. H.S. Sandhu Advocate.
For Opposite Party Exparte.
ORDERS:
Charanjit Singh, President;
1 The complainant Satnam 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 Kairon, Tehsil Patti, District Tarn Taran (Opposite party) on the allegations of deficiency in service and negligence in service on the part of the opposite party with further prayer to direct the opposite party to withdraw its bill dated 3.12.2018 amounting to Rs. 60,160/- and not to disconnect the electricity supply of the complainant. The complainant has also prayed Rs. 20,000/- as compensation and Rs. 10,000/- as litigation expenses.
2 The case of the complainant in brief is that he is a law abiding citizen of India and is having Domestic electric connection hearing account No. T41SK430113L installed at his house at village Sarhli Khurd which is running in the name of his father Arjan Singh who is now deceased and as such, the complainant is consumer of the opposite party as he had been paying the electricity bills for the electricity consumed by him at his house for the connection which is in the name of his father Arjan Singh. The complainant had no arrears of previous electricity bills for the consumption of electricity and as such, he is not defaulter of any bills of the power consumed by him. On an average the electricity consumption of couple of months in terms of money about 5/6 thousand Rupees and this is the actual average consumption units in terms of money from the last several years. The complainant was astonished and embarrassed when he received one electricity bill dated 3.12.2018 qua which the opposite party demanded Rs.60,610/- from the complainant, so after perusing the bill, the complainant came to know that the opposite party has demanded energy charges of Rs. 52,887/- and Rs. 14,399/- as Sundry Charges from the complainant without any details of the same, as per the electricity meter, this was never the consumption of energy made by the complainant nor any explanation of Sundry charges was given in the bill. Moreover, the complainant had been paying his electricity bills regularly and as such no arrears of any sort are pending against him for the electricity consumed by him. The complainant approached the opposite party and moved a written application to him and even after marking the application to Kulwinder Singh JE no employee was sent, rather the opposite party sent one of his subordinate to the house of complainant and threatened the complainant to pay the demanded amount of Rs. 60,610/- during the time given for making the payment of the bill, otherwise, the electricity connection of the complainant will be disconnected. The complainant again approached the opposite party and requested for thoroughly look in to the matter and withdraw the demand of Rs. 60,610/- but the opposite party flatly refused to do anything as requested by the complainant rather again threatened directly of disconnection of electricity supply. Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party. Alongwith the complaint the complainant has placed on record his affidavit Ex. C-1, Self attested copy of Bill dated 13.8.2018 Ex. C-2, Self attested copy of Bill dated 3.12.2018 Ex. C-3, Self attested copy of application Ex. C-4.
3 Notice of this complaint was sent to the opposite party but no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte vide order dated 5.2.2019 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 he pleaded that the complainant is having domestic electric connection hearing account No. T41SK430113L installed at his house at village Sarhli Khurd which is running in the name of his father Arjan Singh who is now deceased and as such, the complainant is consumer of the opposite party as he had been paying the electricity bills for the electricity consumed by him at his house for the connection which is in the name of his father Arjan Singh. He further pleaded in this affidavit that the complainant had no arrears of previous electricity bills for the consumption of electricity and as such, he is not defaulter of any bills of the power consumed by him. On an average, the electricity consumption of couple of months in terms of money about 5/6 thousand Rupees and this is the actual average consumption units in terms of money from the last several years. The complainant was astonished and embarrassed when he received one electricity bill dated 3.12.2018 qua which the opposite party demanded Rs.60,610/- from the complainant, so after perusing the bill, the complainant came to know that the opposite party has demanded energy charges of Rs.52,887/- and Rs. 14,399/- as Sundry Charges from the complainant without any details of the same, as per the electricity meter, this was never the consumption of energy made by the complainant nor any explanation of Sundry Charges was given in the bill. Moreover, the complainant had been paying his electricity bills regularly and as such, no arrears of any sort are pending against him for the electricity consumed by him. The complainant approached the opposite party and moved a written application to him and even after marking the application to Kulwinder Singh JE no employee was sent, rather the opposite party sent one of his subordinate to the house of complainant and threatened the complainant to pay the demanded amount of Rs. 60,610/- during the time given for making the payment of the bill, otherwise, the electricity connection of the complainant will be disconnected. The complainant again approached the opposite party and requested for thoroughly look in to the matter and withdraw the demand of Rs. 60,610/- but the opposite party flatly refused to do anything as requested by the complainant rather again threatened to disconnect the electricity supply. The complainant has also placed on record Self attested copy of Bill dated 13.8.2018 Ex. C-2, Self attested copy of Bill dated 3.12.2018 Ex. C-3, Self attested copy of application Ex. C-4.
6 The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Party is 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 Party and opposite party did not appear in this Forum in order to contest the complaint which shows that the Opposite Party has 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 party did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice.
7 Ld. counsel for the complainant contended that Bill Ex. C-3, shows that an amount of Rs. 14,399/- as Sundry Charges and Rs. 37,941 as energy charges and the opposite party has not given any detail to the complainant before adding the same in the bill in question. He further contended that there is violation of provisions of rules and regulations framed by the opposite party itself as opposite party cannot charge the sundry charges without issuing separate detailed notice as per regulation 124.1 of the Electricity Supply Regulations of the opposite party. It has been held by the Hon’ble Punjab State Consumer Disputes Redressal Commission, Chandigarh in case PSEB Vs. Hardeep Singh 2010(2)CLT 259 that where the payment of Rs. 27,501/- was not raised by the appellant through a separate detailed notice as required by regulation 124.1 and added in the bill in dispute as sundry charges, there is violation of the regulation of the opposite party. However, the appellant is at liberty to raise fresh demand of the amount in dispute and can charge the same from the complainant by following proper procedure.
8 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 Party. The Bill dated 3.12.2018 for 60,610/- 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. However, the opposite party is directed to issue fresh bill on the basis of actual consumption for the said period. The complainant has been harassed by the opposite party. 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 Party is 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.
