Ashok Kumar, 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 he is serving as LDC in department of PSPCL. It is alleged that he for the purpose of raising construction of his house, got installed Temporary Electric connection bearing A/c No.TY-3004619067 in the year March 2017after completion of all formalities. The construction work of the house of him was competed in the month of June 2017. It is further alleged that after the completion of construction work, he moved application dated 19.06.2017 to the opposite partyno.1 and requested him for disconnection of the Temporary Electric Connection which was marked to Sh. Bhupinder Singh, JE for checking and report. After competing all the official formalities, the meter was removed by the officials of the opposite party no.1and Final bill for Rs.8500/- was issued to him, which he had paid. It is further alleged that to the utter surprise of him, now the opposite parties have issued bill dated 18.08.2021 to him for Rs.71,000/- and no reasons or details etc. have been mentioned in the above said bill and on what ground and for which period this bill has been issued after a period about 4 years from the disconnection of electric connection. The bill in dispute illegal, null and void issued without any reason or excuse and without any kind of consumption made by him as his connection stood disconnected in June 2017 and he had already paid full and final consumption amount and nothing was left outstanding against him. The bill in dispute is liable to be set aside and he is not liable to pay single penny to the opposite parties. It is further alleged that on receipt of the illegal bill in question he approached the opposite party no.1 and requested him to withdraw the bill in dispute as he has already cleared his account and nothing was outstanding against him after disconnection of the above mentioned connection as fully mentioned above. But the opposite party no.1 refused to take any action into the matter, and threatened to recover the amount forcibly by adopting coercive methods, and to disconnect his domestic electric connection, if the amount is not paid. Due to this illegal act and conduct of the opposite parties, the complainant has suffered great loss and also suffered mental harassment and inconvenience. So, there is a clear cut deficiency and negligence in service on the part of the opposite parties.
On this backdrop of facts, the complainant has alleged deficiency in service and unfair trade practice on the part of the opposite parties and prayed that the necessary directions may kindly be issued to the opposite parties to check its record, to set aside the bill in dispute, not to recover any money from the complainant, also not to recover single penny from him and also not to disconnect his domestic electric connection under the garb of bill in dispute. The complainant may kindly be awarded compensation to the tune of Rs.50,000/- for mental agony, physical torture and financial loss caused by the opposite parties to him due to deficient service and unfair trade practice on the part of opposite parties and litigation expenses to the tune of Rs.5000/- in the interest of justice.
3. Upon notice, opposite parties appeared through their counsel and contested the complaint by filing written reply, stating therein that the total balance amount of the complainant on 03.08.2017 wasRs.28,904/- and the complainant paid Rs.9500/- to the PSPCL and balance defaulting amount was Rs.19,404/- on the above said date. It is pleaded that the meter of the complainant was not removed as alleged by the complainant. It was removed on 24.01.2018 against the defaulting amount. There is no record of the removal of the electric meter of the complainant as alleged by the complainant, the application shown by the complainant has not been received in the record of SDO PSPCL City Gurdaspur and up till 26.10.2021 Rs.71,581/- defaulting amount is standing against the complainant. The opposite parties denied all the averments of the complaint. 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 Ashok Kumar (Complainant) as Ex.CW-1/A alongwith other documents as Ex.C-1 to Ex.C-4.
5. Learned counsel for the opposite parties has filed a written reply alongwith other documents as Ex.OP-1 to Ex.OP-12.
6. Rejoinder not filed by the complainant.
7. Written arguments not filed by both the parties.
8. Counsel for the complainant has argued that complainant got temporary electric connection installed in his house in March, 2017 and after completion of construction work got the said connection disconnected by moving the application dated 19.06.2017 Ex.C1 and thereafter applied for permanent connection. The opposite parties issued bill dated 18.08.2021 for Rs.71,000/- illegally and unlawfully without any basis inspite of fact that due amount of Rs.9500/- has been paid vide Ex.C2. The opposite parties have no right to issue said bill and threat to disconnect the connection amounts to deficiency in service.
9. On the other hand counsel for the opposite parties has argued that total balance amount as on 03.08.2017 was Rs.28,904/- and since the complainant deposited only Rs.9500/- to the opposite parties as such defaulting balance amount was Rs.19,404/-. The meter of the complainant was removed on 24.01.2018 against the defaulting amount and as on 26.10.2021 amount of Rs.71,581/- is outstanding against the complainant, as such there is no deficiency in service on the part of the opposite parties.
10. We have heard the Ld. counsels for the parties and gone through the record. It is admitted fact that complainant got installed temporary electric connection bearing A/c No. TY-3004619067. It is further admitted fact that complainant deposited Rs.9500/- with the opposite parties vide receipt Ex.C2 on 03.08.2017. It is further admitted fact that opposite parties issued bill of Rs.71,000/- dated 18.08.2021 Ex.C3 in respect of said temporary connection. The main contention of the counsel for the opposite parties is that the complainant had deposited only Rs.9500/- in the year 2017 against total payable amount of Rs.28,904/- and accordingly upto 26.10.2021 complainant is liable to pay Rs.71,581/- to the opposite parties but this Commission is of the view that opposite parties have not placed on record any detail regarding consumption of electricity to such a large extent by the complainant and the opposite parties has further failed to show any reason as to why the amount due in the year 2017 is being claimed in the year 2021.
As per section 56(2) of The Electricity Act, 2023 "No sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity".
11. As per above referred provision opposite parties cannot recover the arrear after two years. Moreover, if we gone through bills placed on record by the opposite parties, the last bill which was sent to the complainant is of 18.08.2018 and thereafter bill was sent to the complainant on 26.10.2021 which is also after two years. Accordingly, we are of the view that issuance of bill Ex.C3 by the opposite parties without any basis and after delay of two years amounts to deficiency in service.
12. Accordingly, present complaint is partly allowed and bill dated 18.08.2021 Ex.C3 is quashed/set aside. No order as to costs.
13. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.
14. Copy of the order be communicated to the parties free of charges. File be consigned.
(Lalit Mohan Dogra)
President.
Announced: (B.S.Matharu)
Aug. 14, 2023 Member.
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