Complaint No: 88 of 2023.
Date of Institution: 19.04.2023.
Date of order: 21.11.2023.
Bachni wife of Tarsem Chand, resident of Village Sidhwan Jamita, Tehsil and District Gurdaspur.
.....Complainant.
VERSUS
1. Punjab State Power Corporation Limited, The Mall, Patiala, through its CMD. Pin Code – 147001.
2. Punjab State Power Corporation Limited, Sub – Division Dhariwal, Tehsil and District Gurdaspur, through its SDO. Pin Code – 143519.
.....Opposite parties.
Complaint U/s 35 of the Consumer Protection Act.
Present: For the complainant: Sh.Paramjit Singh, Advocate.
For the opposite parties: Sh.Dilawar Singh, Advocate.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Bhagwan Singh Matharu, Member.
Bachni, 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 P.S.P.C.Ltd. (here-in-after referred to as 'opposite parties).
2. Briefly stated, the case of the complainant is that an electric connection bearing No.G31SF750680W (old account number) and 3006025305 has been installed in the name of Sh. Tarsem Chand i.e. husband of complainant. It was pleaded by the complainant that her husband has since expired and after his demise, she is using electricity energy and is paying its bill regularly, as such she is the consumer of the opposite parties. She has never came into arrears and nothing is outstanding against her. The load of the connection of electricity meter is 0.220 KW which is less than half KW. It was alleged that the OP’s issued a bill dated 02.04.2023 to the complainant for Rs.25,780/- and in this bill Rs.25,780/- has been added without mentioning any reasons thereto that on what account this huge amount has been slapped. It was further pleaded that the complainant belongs to Schedule Caste (SC) Community and her bills has already been waived off by the State Government. Even, the Govt. has already passed the order of 600 Units per months to the Schedule Caste Community. The complainant pleaded that she neither used electricity to such extent nor she came into arrears of the OP’s and paid upto date bills and nothing is outstanding against her. Even current consumption shown in the bill is also highly excessive and exorbitant, and much more than the actual consumption made by the complainant. It was pertinent to mention here that earlier the bills dated 29.01.2017, 16.05.2015, 18.11.2015, 20.05.2020 were shown minus amount. It was further pleaded that her electricity consumption always remain less than concession Units and sanctioned load of the electricity connection of the complainant is only 0.220 KW. It was further pleaded that on receipt of the illegal bill in question she approached the OP No. 2 and requested him to rectify the bill and to receive the actual consumption amount. The complainant also requested OP No. 2 to explain reasons for issuance of such high amount of the bill, the OP No. 2 called the complainant to its office and assured the complainant that the bill in question will be rectified. It was further alleged that later on denied rectifying the same and moreover, the OP No. 2 threatened the complainant that more heavy amount will be imposed for in case she made any complaint or she failed to deposit the amount in question. The complainant was also threatened by the OP’s due to which she is forced to face mental agony, physical torture and financial loss. It was further pleaded that the complainant never consumed electricity to such extent as the OP’s claimed the huge amount in the bill, because the complainant has only single room house and she is using a bulb, fan only. Even, the consumption of electricity remained moderate as such no question no of arrears arises. Due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. So, there is a clear cut deficiency in 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 rectify the bill amount and only to recover the actual consumption if any. The opposite parties may also be restrained from disconnecting the electric connection of the complainant during the pendency of the complaint. The complainant may also be awarded with adequate compensation for the mental agony and physical torture caused by the opposite parties upon him alongwith litigation charges, in the interest of justice.
3. Upon notice, the opposite parties appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the complainant has filed the false and frivolous complaint with the intention to harass the opposite parties. It was pleaded that the complainant has not approach this Hon'ble Commission with clean hands and concealed the material facts intentionally and deliberately, that the present complaint is not maintainable as the complainant is not consumer to the opposite parties, that the complaint of the complainant is bad for non-joinder and mis-joinder of necessary parties and the complainant has no cause of action to file the present complaint. It was further pleaded that no application has ever been moved to transfer the electricity connection and neither any intimation regarding the death of husband of the complainant i.e. Tarsem Chand has been given and as such the complainant is not the consumer of the opposite parties. It was further pleaded that the sanctioned load of the complainant is 0.300 KW. The bill dated 02.04.2023 of Rs.25,780/- is legal and valid and is for the actual consumed units made by the complainant in the previous period. It was further pleaded that old meter was removed on 11.05.2021 and new meter bearing No. 117031 was installed. The bill dated 09.06.2022 for 2966 units consumed by the complainant in the previous period from 11.05.2021 to 09.06.2022 has been sent which becomes Rs.15,980/-. It was further pleaded that the said bill has not been paid by the complainant and due to which it has been added in the next bill dated 23.08.2022. It was pertinent to mention here that 835 units consumed in the bill dated 23.08.2022 and outstanding amount comes to Rs.17,610/-. It was further pleaded that not even a single penny was paid by the complainant and due to which the bill used to be added in the further bills alongwith surcharge and taxes. So, the bill dated 02.04.2023 of Rs.25,780/- is for the consumption units and including the surcharge etc. as the complainant failed to pay the previous bills. It was pertinent to mention here that 600 units have been exempted by the Govt. from 1st July 2022 and not previous to the said period. It was further pleaded that the complainant never moved any application for transfer the electricity connection in her name and as such the opposite parties have no knowledge regarding the fact that the complainant belongs to Schedule Caste Community or not.
On merits, the opposite parties have reiterated their stand as taken in legal objections and 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 costs.
4. Learned counsel for the complainant has tendered into evidence affidavit of Bachni, (Complainant) as Ex.CW-1 alongwith other documents as Ex.C-1 to Ex.C-8.
5. Learned counsel for the opposite parties has filed SELF Declaration of Sh. Sarabjit Singh, (S.D.O, P.S.P.C.Ltd, Sub – Division Dhariwal, Gurdaspur) as Ex.OPW-1/A alongwith other documents as Ex.OP-1 to Ex.OP-4.
6. Written arguments not filed by both the parties.
7. We have carefully gone through the pleadings of counsels for the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint.
8. The fact of the present case as detailed above reflect that the present complaint was filed by the complainant to rectify the bill amount of electricity bill dated 02.04.2023 as Ex.C2 issued for Rs.25,780/- by the opposite parties against electric connection of the complainant bearing A/c No.3006025305 which is in the name of her husband who has already expired. It has been alleged by the complainant that this electricity bill is illegal, exorbitant and highly excessive and not as per actual consumption. It was also pleaded that earlier bills dated 29.01.2017, 16.05.2015, 18.11.2015, 20.05.2020 was shown as minus amount.
9. Copy of another bill dated 23.08.2022 placed as Ex.C3 by the complainant shows that the arrear amount of Rs.16,780/- included in that bill. In the disputed bill dated 02.04.2023 the amount of Rs.25,785/- is also shown as arrears otherwise the current bill is for Zero amount.
10. Opposite parties in their written statement denied all the allegations and claimed that the bill in dispute is legal and valid and as per actual consumption. It was further pleaded that the arrear amount of Rs.25,785/- in the disputed bill was the amount related to 835 units consumed in the bill dated 23.08.2022 and outstanding amount of 2966 units consumed by the consumer for the period from 11.05.2021 to 09.06.2022 as the meter was replaced in 05/2021 but the billing as per new meter was not done upto 09.06.2022. Hence, the accumulated bill for 2966 units was raised lately on 09.06.2022 as Ex.OP-3/2.
11. From the evidence put forth by the opposite parties it is seen that the meter reading detail placed as Ex.OP-1 by the opposite parties shows 'F' code from 11.05.2021 to 02.05.2022 (Means different meter number at site) and further 'C' code (Meter change) in 03.05.2022 and accumulated reading of 2967 units on 09.06.2022. Copy of bill dated 09.06.2022 is placed as Ex.OP-3/2 which is issued by the opposite parties as per accumulated reading of new meter for an amount of Rs.15,978/- for 2967 units.
12. On perusal of the evidences of the opposite parties as Ex.OP-1 and Ex.OP-2, glaring deficiencies in service on the part of opposite parties are observed, such as:-
i) Meter is shown replaced in 05/2021 in Ex.OP-1 but actually it is reflected replaced in 05/2022 as per device replacement order on Ex.OP-2.
ii) The electricity bills have been issued on 'F' code (on average basis) for a year long period from 05/2021 to 05/2022.
iii) Concerned record has not been updated for a year long time after replacement of the meter with the result no correct bill was issued for the period more than one year to the complainant.
iv) No manual bill was ever issued for correct reading during this period.
13. It is the duty of the opposite parties to raise correct reading electricity bill to the consumers if meter working is OK. Further, as per ESMI- 2018 instructions No.84.4.7 which read as under:-
Meter Reading, Bill Generation & Payment Collection
"In case it comes to notice at a later stage that wrong bills have been prepared by taking wrong readings or because of other reasons the Outsourcing Agency /meter reader will approach the Sub Divn. for making bill manually and deliver to the consumer on the same day or latest by next working day. Advice for correction of information and / or adjustment shall be prepared and sent for updation in bill ledger of next cycle".
The correct bill would have been made manually and delivered to the consumer on the same day or latest by next working day but opposite parties failed to comply with their own instructions also which shows clear cut deficiency in service on the part of the opposite parties.
14. Further, during the course of arguments it was also argued by the Ld. counsel for the complainant that there is letter i.e. commercial circular No.21/2022 issued by the PSPCL and as per this circular all the pending arrears as on 31.12.2021 has been decided to be waived off. The present accumulated bill raised by the opposite parties also included the period from 05/2021 to 12/2021 but the opposite parties have not waived off this amount from the bill in dispute.
15. From the above facts and circumstances of the case we are of the considered opinion that the act of the opposite parties to issue electricity bill for the period of more than one year at once and not to accommodate the period for waival of the amount as per their commercial circular No.21/2022 is not justified. Hence, waival off of the amount related to the period before 12/2021 is equally applicable in this case also. So, the disputed bill was required to be rectified on this ground also.
16. Accordingly, present complaint is partly allowed and opposite party No.2 is hereby directed to rectify the disputed bill dated 02.04.2023 by excluding the amount charged in it for the period 05/2021 to 12/2021. Further, due to deficiency in service opposite party No.2 is further directed to pay Rs.3,000/- in lump sum to the complainant for litigation expenses and mental harassment within 30 days from the date of receipt of copy of this order.
17. Copy of the order be communicated to the parties free of charges. File be consigned.
(Lalit Mohan Dogra)
President
Announced: (B.S.Matharu)
Nov. 21, 2023 Member
YP.
