Punjab

Fatehgarh Sahib

CC/62/2015

Gurinder Singh - Complainant(s)

Versus

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

Manoj Kumar Garg

24 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                      Consumer Complaint No.62 of 2015

                                                            Date of institution:  14/07/2015                             

                                       Date of decision  :   24.06.2016

Gurinder Singh aged about 45 years son of Sh. Gurcharan Singh r/o ward No.8, Mohalla Guru Nanak Pura, Bassi Pathana, Tehsil Bassi Pathana, District Fatehgarh Sahib.

……..Complainant

Versus

 

1. The Punjab State Power Corporation Ltd., Bassi Pathana, Sub Division Bassi Pathana, Tehsil Bassi Pathana, District Fatehgarh Sahib, through its S.D.O.
2. The Punjab State Power Corporation Ltd., through its Secretary, The Mall Patiala.

  …..Opposite Parties

Complaint Under the Consumer Protection Act

Quorum

Sh. Ajit Pal Singh Rajput, President                                       Smt. Veena Chahal, Member                                                   Sh. Amar Bhushan Aggarwal, Member

Present :        Sh.Manoj Kumar Garg, Adv. Cl. for the complainant                                  Sh. Sumit Gupta, Adv. Cl. for the OPs.

ORDER

By Amar Bhushan Aggarwal, Member

                      Complainant, Gurinder Singh aged about 45 years son of Sh. Gurcharan Singh r/o ward No.8, Mohalla Guru Nanak Pura, Bassi Pathana, Tehsil Bassi Pathana, District Fatehgarh Sahib, has filed this complaint against the Opposite parties (hereinafter referred to as “the OPs”) under the Consumer Protection Act. The brief facts of the complaint are as under:

2.                    The complainant is having electricity connection bearing A/c No. K53KK330513P, which is running at his residential house. The complainant is depositing the amount of units consumed by him regularly and is not the defaulter of the OPs. The complainant has received a bill No.63 dated 07.07.2015 for the period from 09.05.2015 to 07.07.2015 and the consumption of units has been mentioned as 943 units and Rs.17,939/- has been imposed as sundry charges without any reason or cause. Nothing is due against the complainant for the previous bills. The complainant approached the OPs and enquired about the said amount of alleged sundry charges. The officials of the OPs did not give any satisfactory answer to the complainant and refuse to deduct the said amount from the bill in question. The OPs have no right to recover any amount on account of sundry charges from the complainant. The complainant so many times visited the office of the OPs and requested them not to recover the alleged amount but the OPs lingering on the matter on one pretext or the other and rather threatened to disconnect the electric meter, which amounts to great deficiency in service and unfair trade practice on the part of the OPs.  Hence, this complaint for giving directions to the OPs not to recover the alleged amount of Rs.17,939/- as alleged sundry charges mentioned in the bill and further to pay Rs.15,000/- as compensation on account of harassment and mental agony suffered by the complainant.

3.                   The complaint is contested by the OPs, who filed joint written reply. In reply to the complaint OPs raised certain preliminary objections, inter alia, that the complaint is not maintainable in the present form; the complainant has concealed true and material facts from this Forum; the complaint is false, frivolous and vexatious and as such the same is liable to be dismissed; the complainant is stopped by its own act and conduct to file the present complaint and the complainant has no locus standi and cause of action to file the present complaint. As regards to the facts of the complaint OPs stated that Rs.10,282/- is due towards the complainant, therefore, he is the defaulter of the OPs. It is further stated that electric connection of the complainant has been changed on his request and load is also extended. The final reading of the old meter was 1976 but the same was updated as 10. Due to some clerical/typographical mistake the same was taken as 3662 and the sundry charges of Rs.18194/- was added in the bill of the complainant. Thereafter getting the information from the record it was found that the actual reading, which has to be taken as 2209 units (4185- 1976) the same was divided from May 2014 to September 2014 and now the amount of Rs.10,282/- is due towards the complainant as consumption charges. The bill is rightly sent to the complainant. Thus, there is no deficiency of service on the part of the OPs. After denying the other averments made in the complaint, they prayed for dismissal of the complaint.

4.                   In order to prove the case, the complainant tendered his affidavit Ex.C-1, attested copy of bill dated 07.07.2015 Ex. C-2 and closed the evidence. In rebuttal the opposite parties tendered affidavit of Er. Rupinder Singh, SDO, Ex. OP-1, calculations Ex. OP-2, revised calculation Ex. OP-3 and closed the evidence.  

5.                   Written arguments were not submitted by either of the parties. The Ld. counsel for the complainant argued that a sum of Rs.17,939/- was added illegally and without any basis as sundry charges in his electric bill No.63 dated 07.07.2015 for the period from 09.05.2015 to 07.07.2015. That he had been making regular payments in time and nothing was due against him of the previous bills. The MCO dt.16.12.2014 Ex. OP-4 and calculation sheet Ex. OP-5, submitted by the OPs as additional evidence, do not prove the plea of the OPs.  That the complainant had not submitted any application for the change of electric meter. Contention of OPs that Rs.10,282/- is due against complainant, was also vague and without any basis. The Ld. counsel pleaded for acceptance of his complaint and to restrain the OPs from recovering the alleged amount of Rs.17,939/- as sundry charges with costs.

6.                   The Ld. counsel for the OPs submitted that Rs.10,282/- was due towards the complainant and he was defaulter of the OPs. It was further argued that electric connection of the complainant has been changed on his request and load was also extended. The sundry charges levied were of the previous old meter. Earlier the amount was shown as Rs.18,194/-, which was later on amended as Rs.10,282/-on receiving information from record. These were the charges for actual consumption of electricity as per calculation sheet and OPs have every right to recover the same. Thus there was no deficiency in service on the part of the OPs. The Ld. counsel prayed for dismissal of the complaint.

7.                   After hearing the Ld. counsel for the parties and going through the pleadings, evidence produced by the parties and the oral arguments, we find force in the submissions made by the Ld. counsel for the complainant. The electric meter number mentioned in MCO No.126/580 dt 16.12.2014(Ex. OP-4) was different as mentioned in the bill( Ex. C-2). Charges imposed on the complainant as shown in the bill No. 63 dated 07.07.2015, under dispute, is different from those shown in the calculation sheet tendered by OPs vide Ex. OP-2, OP-3 and OP-5. Claim of the OPs in the written version that meter was changed on the request of the complainant, no application from the complainant nor any other document in this regard has been submitted by the OPs. The OPs have thus failed to prove that the sundry charges of Rs.17,939/- as charged in the bill No. 63 dated 07.07.2015 were actual consumption charges.

8.                   Accordingly, in view of our aforesaid discussion, we accept this complaint and direct the OPs not to recover the amount of Rs.17,939/-, imposed as sundry charges, from the complainant. No order as to costs. Parties to bear their own costs.

9.                   The arguments on the complaint were heard on 15.06.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced                                                       

         Dated: 24.06.2016

(A.P.S.Rajput)     

          President

 

                                                                               (Veena Chahal)         

                                                                                   Member

 

(A.B.Aggarwal)             Member