Punjab

Gurdaspur

CC/239/2022

Ashwani Kumar - Complainant(s)

Versus

P.S.P.C.Ltd - Opp.Party(s)

Complainant in person

20 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, GURDASPUR
DISTRICT ADMINISTRATIVE COMPLEX , B BLOCK ,2nd Floor Room No. 328
 
Complaint Case No. CC/239/2022
( Date of Filing : 29 Nov 2022 )
 
1. Ashwani Kumar
S/o Sh.Sardari Lal R/o village Sohal Tehsil and Distt Gurdaspur
...........Complainant(s)
Versus
1. P.S.P.C.Ltd
Sub Division Dhariwal
Gurdaspur
Punjab
............Opp.Party(s)
 
BEFORE: 
  Sh.Lalit Mohan Dogra PRESIDENT
  Sh.Bhagwan Singh Matharu. MEMBER
 
PRESENT:Complainant in person, Advocate for the Complainant 1
 Sh.Suvir Mahajan, Adv., Advocate for the Opp. Party 1
Dated : 20 Jul 2023
Final Order / Judgement

The brief facts of the case is pleaded by the complainant are that he is having electric connection No.3007595747 at his residential house and he had deposited security amount of Rs.1515/- on 08.01.2020 vide book No.51996. It is further pleaded by the complainant that he has never received any bill from December, 2021 from the date of installation of his connection at his house and bills received thereafter were deposited by him but thereafter Hon'ble Chief Minister had exempted the payment of pending bills on account of which complainant had not deposited the due bills but in November, 2022 complainant received bill of Rs.34060/- from the opposite party which is highly excessive as he is having load of 1 KW and has not installed any electric appliances like A.C. at his house. It is further pleaded by the complainant that he visited many times to the opposite party for the correction of the bill but opposite party did not pay any heed to his request.

2.       Opposite party put in appearance through Sh.Suvir Mahajan, Advocate and filed written reply by taking preliminary objections that the present complaint is not maintainable as the case of the consumer/complainant is not the one where consumer was unable to pay arrears of electricity as no defaulting amount was standing against the complainant. It is stated that as per circular no.38/2021 of Punjab Government, the consumers who were having load upto 2 KW and there was an outstanding/unpaid amount of arrears of electricity against those consumers upto 30.09.2021, such consumers were given concession from payment of electricity bill. It is stated that as per circular No.21/022, those consumers who could not clear their electricity bills upto 31.12.2021 and further in extended time upto 30.06.2022, such consumers were given concession from payment of electricity bill. As such the case of the complainant does not fall within the preview of above said two circulars and hence he is not entitled to concession of non payment of electricity bill. It is stated that complainant has not been charged anything else than the consumption charges and hence the complaint filed by the complainant is baseless and deserves to be dismissed on this ground alone. On merits, it is stated that complainant is consumer of opposite party having electricity connection bearing account No.3007595747 having sanctioned load 0.950 KW which is running in his name. It is admitted that security amount of Rs.1515/- was deposited by the complainant. It is stated that electricity bill could not be issued to the complainant alongwith other consumers prior to April, 2021 as Master Technical Data of PSPCL was being converted into Online SAP System and after operating the same electricity bills of the complainant were generated from 15.10.2020 to 28.02.2022 for 501 days and from reading 1 to 5051, meaning thereby the complainant was charged for 5050 units of electricity and for that a sum of Rs.30,230/- was worked out having 'O' Code but he did not deposit the same and this amount was carried forward in the bill for the month of 05/2022 which was from 28.02.2022 to 05.05.2022 for 458 units and for that a sum of Rs.1313/- was worked out and as such previous arrears of Rs.30230/- alongwith interest and current bill for the month of 05/2022 was worked out Rs.32,760/- but complainant again did not deposit the same and same was carried forward in the bill for the month of 07/2022 and in between he had deposited a sum of Rs.3,000/- on 12.05.2022. The bill of the complainant for the month of 07/20-22 was Rs.1540/- for the period from 05.05.2022 to 03.07.2022 for 503 units of electricity. Previous arrears of Rs.30612/- (Rs.32760/- - Rs.3000+interest) + Rs.1540/- (bill for the month of 07/2022) = Rs.32,150/- was carried forward in the next bill of complainant for the month of Rs.09/2022. As the electricity bill for the month of 09/2022 was nil as per the circular of the Punjab Government and as such a sum of Rs.33,150/- was worked out but complainant failed to deposit the same and which was carried forward in the bill for the month of 11/2022 which was nil as per the circular of the Punjab Government and as such a sum of Rs.34,170/- was worked out which the complainant is liable to pay to the opposite party. Lastly, prayed for dismissal of complaint with costs.

3.       To prove his case, complainant had filed his self declaration Ex.CW-1/A alongwith copies of documents Ex.C1 to Ex.C3.

4.       On other hand Ld. counsel for the opposite party had filed affidavit of Sarbjit Singh  S.D.O. Ex.OPW-1/A alongwith copies of documents Ex.OP-1 to Ex.OP-9.

5.       Rejoinder not filed by the complainant.

6.       Written arguments not filed by both the parties.

7.       We have heard the complainant in person and counsel for the opposite party. It is admitted fact that electricity connection No. 3007595747 is installed in the residential house of the complainant. It is further admitted fact that the amount claimed by the opposite party is for the period of 15.10.2020 to 28.02.2022 which fact has been admitted by the opposite party in their written statement. It is further admitted by the opposite party that as per notification issued by the Govt. of Punjab on the basis of which letter No.21/2022 dated 03.08.2022 Ex.OP-2 was issued as per which the arrears of domestic electricity consumption upto 31.12.2021 which has not been paid upto 23.06.2022 has been given concession of payment of electricity bills. Meaning thereby that the opposite party is only entitled to receive arrears of electricity upto 31.12.2021 and the electricity charges prior to 31.12.2021 has been exempted by the Govt. As far as the charges payable after 01.01.2022 to 20.02.202 are concerned the Govt. of Punjab had already given exemption of payment upto 600 units. This Commission is of the view that since the amount claimed from the complainant is in respect of arrears of consumption of electricity. The same are not payable by the complainant having been exempted by the Govt. which fact is admitted vide letter Ex.OP-2. Accordingly, the present complaint is partly allowed and bill Ex.C1 for amount of Rs.34060/- is quashed and set aside. No order as to costs. Further, complainant is directed to pay the future electricity bills.  

8.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record room. 

                                                                                                         

                               (Lalit Mohan Dogra)

                                                                        President.   

 

Announced:                                          (B.S.Matharu)

July 20, 2023                                                Member.

*YP* 

 
 
[ Sh.Lalit Mohan Dogra]
PRESIDENT
 
 
[ Sh.Bhagwan Singh Matharu.]
MEMBER
 

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