Complaint No: 34 of 2023.
Date of Institution:06.02.2023.
Date of order:01.09.2023.
Kashmir Singh Son of Swaran Singh resident of VPO Purana Shalla,Tehsil and District Gurdaspur.
.....Complainant.
VERSUS
- Punjab State Power Corporation Ltd, The Mall Patiala, through its CMD.
- Punjab State Power Corporation Ltd. through its Executive Engineer, Gurdaspur.
- Punjab State Power Corporation Ltd. Sub-Division PuranaShalla, through its SDO.
....Opposite parties.
Complaint Under section 35 of the Consumer Protection Act.
Present: For the Complainant: Sh.U.R.Sharma, Advocate.
For the Opposite Parties: Sh.Manbir Singh Kaler, Advocate.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh
Matharu, Member.
ORDER
Bhagwan Singh Matharu, Member.
Kashmir Singh, Complainant (here-in-after referred to as complainant) has filed this complaint under section 35 of the Consumer Protection Act, (here-in-after referred to as 'Act') against the PSPCL (here-in-after referred to as 'opposite parties).
2. Briefly stated, the case of the complainant is that an electric connection bearing A/c No. G49DF590282N has been installed in his name and he is using the electricity paying its bills etc. regularly, nothing is outstanding against the complainant and as such he is consumer of the OP’s. The sanctioned and existing load of the complainant is 2.21KW. It is further pleaded that average bimonthly bills of this connection is between Rs.2000/- to 3500/- as per consumption during winter and summer seasons It is further pleaded that the OP’s issued bill dated 04.05.2021 for Rs.47,980/- payable by due date, showing consumption of 5585 Units, which is totally wrong and the consumption shown in the bill is highly excessive, exorbitant, and he never consumed electricity energy to this extent. It is further pleaded that above said bill in question is totally illegal and the same is liable to be rectified. It is further pleaded that earlier the meter number was 18729214, but when he received the bill in dispute, different meter number has been mentioned which is not legible. It is further alleged that the meter of the complainant is installed along with other consumers at a distant place from the house of the complainant. It is further pleaded that he approached the OP’s and came to know that the OP’s have replaced old electric meter of the complainant with New Electric Meter in the month of Feb 2021 in his absence. It is further pleaded that that earlier electric meter installed in his house was Okay and was giving correct meter reading and he has installed LED Bulbs in his house and never consumed electricity energy to the extent of 5585 Units as mentioned in the bill in dispute. It is further pleaded that the bill in dispute is the first bill after replacement of old meter of the complainant. It was further alleged that he approached the OPno.3 and requested to rectify his bill and to receive actual consumption charges on basis consumption made in the previous months or the months of preceding year, as he never consumed electricity energy to such an extent. It was further alleged that but OPno.3 flatly refused to listen the complainant and threatened to recover the amount forcibly by adopting coercive methods to disconnect his connection. It was further alleged that neither the complainant used electricity to this extent, nor he came into arrears. No notice before including such like huge amount in the bill was served by the OP’s to the complainant and he is not in a position to pay such like huge money. It is further pleaded that the complainant that he has enhanced his load on 18.07.2022 from 2.21 KW to 5 KW and deposited an amount of Rs.2764/- vide receipt no. E3791 dated 18.07.2022. It was further alleged that the above said complaint was pending before this Commission and OP’s appeared in the above said complaint and filed false and frivolous written reply of the complaint and thereafter the complaint was fixed for arguments and in the meantime, Sh.Rakeshwar Singh, A.R.A. of the OP’s appeared in this Hon'ble Commission and suffered statement on 23.12.2022 that in view of the commercial circle No. 21/2022 issued by PSPCL for waiving off the amount of consumer bill of the consumer for domestic electricity supply connection, amount was waived out and due to this the complaint was withdrawn by complainant. It is further alleged that now the OP’s issued electricity bill dated 18.01.2023 and demanded amount of Rs.19,295/- from the complainant. It is further pleaded that the complainant after receiving the bill mentioned above approached to the OP’s and requested the OP’s to exclude the amount of Rs.19,295/- from the bill of complainant and withdraw illegal threats to recover amount of Rs.19,295/- from the complainant illegally and forcibly, but the OP’s refused to admit the claim of the complainant. It is further pleaded that due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental and physical harassment and inconvenience and there is a clear cut deficiency of service on the part of the opposite parties.
On this backdrop of facts, the complainant has alleged deficiency and negligence in service and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to exclude the amount of Rs.19,295/- from the bill of the complainant and to rectify the bill of the complainant and not to recover amount mentioned in the bill in dispute illegally, forcibly and by adopting coercive methods. The complainant may kindly be awarded compensation to the tune of Rs.10,000/- for mental agony, physical torture and financial loss caused by the opposite parties to him in the interest of justice.
3. Upon notice, opposite parties appeared through counsel and contested the complaint by filing their written reply, stating therein that the bill issued to the complainant is genuine and according to consumption of electricity. It is pleaded that according commercial circular 21/2022 the old dues of the complainant is Rs.37,834/- were waived off and balance consumption amount Rs.19,300/- standing against the complainant for the consumption of electricity. On merits, the opposite parties denied all the averments of the complaint and there is no deficiency in service on the part of the opposite parties. In the end, the opposite parties prayed for dismissal of complaint with heavy costs.
4. Learned counsel for the complainant has tendered into evidence affidavit of Kashmir Singh, (Complainant) as Ex.CW-1/A along with other documents as Ex.C-1 to Ex.C-7.
5. Learned counsel for the opposite parties has tendered into evidence affidavit of Pankaj Dig Pal, (S.D.O, P.S.P.C.L, Sub - Division Purana Shalla) as Ex.OPW-1/A along with other documents as Ex.OP-1 to Ex.OP-2.
6. Rejoinder filed by the complainant.
7. Written arguments not filed by both the parties.
8. Counsel for the complainant has mainly argued that an electric connection bearing A/c No. G49DF590282N has been installed in his name and he is using the electricity paying its bills etc. regularly, nothing is outstanding against the complainant and as such he is consumer of the OP’s. It is further argued that the sanctioned and existing load of the complainant is 2.21KW and average bimonthly bills of this connection is between Rs.2000/- to 3500/- as per consumption during winter and summer seasons. It is further argued that the OP’s issued bill dated 04.05.2021 for Rs.47,980/- payable by due date, showing consumption of 5585 Units, which is totally wrong and the consumption shown in the bill is highly excessive, exorbitant, and he never consumed electricity energy to this extent. It is further argued that earlier the meter number was 18729214, but when he received the bill in dispute, different meter number has been mentioned which is not legible and the meter of the complainant is installed along with other consumers at a distant place from the house of the complainant. It is further argued that he approached the OP’s and came to know that the OP’s have replaced old electric meter of the complainant with New Electric Meter in the month of Feb 2021 in his absence and the earlier electric meter installed in his house was Okay and was giving correct meter reading and he has installed LED Bulbs in his house and never consumed electricity energy to the extent of 5585 Units as mentioned in the bill in dispute. It is further argued that he approached the OPno.3 and requested to rectify his bill and to receive actual consumption charges on basis consumption made in the previous months or the months of preceding year, as he never consumed electricity energy to such an extent. It is further argued that but OPno.3 flatly refused to listen the complainant and threatened to recover the amount forcibly by adopting coercive methods to disconnect his connection. It is further argued that neither the complainant used electricity to this extent, nor he came into arrears and No notice before including such like huge amount in the bill was served by the OP’s to the complainant and he is not in a position to pay such like huge money. It is further argued that the complainant that he has enhanced his load on 18.07.2022 from 2.21 KW to 5 KW and deposited an amount of Rs.2764/- vide receipt no. E3791 dated 18.07.2022. It is further argued that the above said complaint was pending before this Commission and OP’s appeared in the above said complaint and filed false and frivolous written reply of the complaint and thereafter the complaint was fixed for arguments and in the meantime, Sh.Rakeshwar Singh, A.R.A. of the OP’s appeared in this Hon'ble Commission and suffered statement on 23.12.2022 that in view of the commercial circle No. 21/2022 issued by PSPCL for waiving off the amount of consumer bill of the consumer for domestic electricity supply connection, amount was waived out and due to this the complaint was withdrawn by complainant. It is further argued that now the OP’s issued electricity bill dated 18.01.2023 and demanded amount of Rs.19,295/- from the complainant. It is further argued that the complainant after receiving the bill mentioned above approached to the OP’s and requested the OP’s to exclude the amount of Rs.19,295/- from the bill of complainant and withdraw illegal threats to recover amount of Rs.19,295/- from the complainant illegally and forcibly, but the OP’s refused to admit the claim of the complainant and refusal amounts to clear cut deficiency of service on the part of the opposite parties.
9. On the other hand counsel for the complainant has argued that as per commercial circular No. 21/2022 the old dues of the complainant Rs.37,834/- were waived off and balance consumption amount Rs.19,300/- is standing against the complainant for the consumption of electricity.
10. We have heard the counsel for the parties and gone through the record.
11. The Present complaint has been filed by the complainant in persuation to his previous complaint No.CC/29/2021 on the same cause, which was withdrawn by the complainant with the permission to file the fresh complaint if need be.
12. It is the admitted fact of the case by both the parties that the electricity bill dated 04.5.2021 to the amount of Rs.47,980/- was issued to the complainant as Ex.OP-1 against account number G49DF590282N which was challenged by the complainant in the previous complaint No.CC/29/2021. Then the concerned revenue accountant of the opposite party suffered a statement that an amount of Rs.37,834/- has been waived off by the department in view of their commercial Circular No. 21/2022. After that said complaint was withdrawn by the complainant.
13. Now the complainant has filed the present complaint for waiver off, regarding the amount of the bill dated 18/1/2023 amounting to Rs.19,295/- Ex.C -6, considering that it was the remaining amount of the previous bill of Rs.47,980/- dated 04/5/2021.
14. Opposite party in their written reply denied all the allegations and stated that the amount of Rs.19,295/- in bill dated 18/1/2023 was the actual energy charges consumed by the complainant.
15. There is arrear amount of Rs.19010/- added in the electricity bill dated 18.01.2023 Ex.C-6 which include the remaining amount of the previous bill dated 04.05.2021.
16. From the above said facts of the case we have observed that the previous electricity bill dated 04/5/2021 was issued with the amount of Rs.47,980/- whereas the opposite parties have waived off only Rs.37,834/- as per Ex.OP-1 (Page-2). The whole amount of the bill dated 04/5/2021 amount to Rs.47,980/- pertain to the period before 12/2021 as per Ex.OP-1. Hence it qualifies for the waiver off in view of the Commercial Circular No.21/2022. So we are of the opinion that the balance amount of this bill which ie. Rs.10,146/- i.e. (Rs.47980/ - Rs.37834/-) is also required to be waived off, which is included in the electricity bill dated 18/1/2023 challenged in the present complaint.
17. In view of the aforesaid discussions considering the facts and circumstances of the case, the present complaint is partly allowed and opposite party no.3 is hereby directed to refund/adjust in future bills amount of Rs.10,146/- of the complainant, in view of their Commercial Circular No. 21/2022 within 30 days from the receipt of the copy of the orders. No order as to costs.
18. The complaint could not be decided within the stipulated period due to heavy pendency.
19. Copy of the order be communicated to the parties free of charges. File be consigned.
(Lalit Mohan Dogra)
President
Announced: (B.S.Matharu)
Sept. 01, 2023 Member
YP.
