Complainant Jagjit Singh has filed the present complaint against the opposite parties U/S 35 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to rectify the bill in dispute and to exclude amount of Rs.44,320/- as sundry charges, to receive the actual consumption charges from him after giving him concession of 200 units per month. Opposite parties be further directed to restrain from disconnecting electric connection under the garb of impugned bill till final decision of the complaint. Opposite parties be next directed to pay Rs.50,000/- as compensation for mental agony, physical torture and financial loss alongwith Rs.5,000/- as litigation expenses, in the interest of justice.
2. The case of the complainant in brief is that he has got installed an electric connection bearing account No.G 56SF 363664X in his name. He is consuming electricity energy, paying its bills etc. regularly, nothing is outstanding against him as such he is consumer of the opposite parties. He belongs to Saini Caste which is declared as OBC and 200 units per month have been exempted as per policy of the Punjab Govt. The opposite party has issued a bill dated 8.3.2021 upto 23.3.2021 for Rs.44,860/- in which an amount of Rs.44,320/- has been slapped as sundry charges, without mentioning any reason. Neither any checking has been conducted by the opposite party nor any prior notice has been issued by the opposite party and as such the bill is illegal, null and void, he is not liable to pay the bill amount and the same is liable to be rectified. On receipt of the illegal bill in dispute, he approached the opposite party no.2 and requested him to rectify the bill. The opposite party no.3 called him to his office twice after a gap of 7-8 days and thereafter refused to take any action into the matter. The opposite party no.2 also threatened to recover the amount forcibly by adopting coercive methods and to disconnect his connection, if the amount is not paid, this illegal act of the opposite party is a cause of mental agony, physical torture and financial loss to him. The demand of the opposite parties is without any prior notice and without any checking is illegal, against the rules and not binding upon him and liable to be withdrawn. Thus, there is deficiency in service on the part of the opposite parties. Hence this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply by taking the preliminary objections that the complainant has not come to the Hon'ble Commission with clean hands and has concealed the true facts from Hon'ble Commission and as such complaint of complainant is liable to be dismissed on this score only and in the checking dated 24.8.2020 complainant was found sharing electricity from his connection bearing Account No.G56 SF363664X with his tenants with the help of changeover switch, this act on his part is absolutely illegal and against rules and regulations of the department. On merits, it was admitted that complainant has been availing facility of 200 free units of electricity per month as he belongs to OBC Category. It was also admitted that opposite parties have issued bill dated 8.3.2021 to the complainant for payment of Rs.44,860/- in which an amount of Rs.44,320/- have been added as sundry charges. Actually, electric connection of the complainant was checked by SDO, PSPCL, Sub Division Sarna, alongwith other officials of the department on 24.8.2020 and in the said checking it was found that another electric connection bearing account number SF 36/14202 has been installed in the premises of complainant with sanction load of said electric connection is 3.74 KW. Complainant was found supplying electricity to his tenants from this electric connection bearing account number G56 SF363664X with the help of changeover switch. It was reported by officials of PSPCL that complainant was sharing load of his connection with his tenants and it was further recommended to stop the WSD facility to complainant vide which complainant was enjoying facility of 200 free electricity units per month. Notice dated 6.1.2021 was served upon complainant and complainant was intimated that WSD facility vide which complainant was enjoying facility of 200 free electricity units per month has been stopped. It was further mentioned in the notice that for the period from the month of 11/2017 to 9/2020 bill amount comes to Rs.44,320/- and same amount has been charged as per H.M. No.55 dated 12/2020 complainant was directed vide said notice to deposit abovesid amount in the office of SDO, PSPCL, Sub Division Sarna, but complainant failed to comply with said notice and as such said amount was demanded as sundry charges from complainant through his bills. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Alongwith the complaint, complainant has filed his own affidavit Ex.C-1 and other documents Ex.C-2 to Ex.C-8.
5. Alongwith the written statement, opposite party has filed affidavit of Er.Suresh Kumar, SDO, PSPCL Ex.OP-1 and documents Ex.OP-2 to Ex.OP-6.
6. Written arguments have been filed on behalf of opposite parties.
7. We have carefully gone through the pleadings of counsel for the both the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.
8. As detailed above, the complainant Jagjit Singh was availing WSD
benefit on his electrical connection No.G 56SF 363664X as per
Government policy under OBC category. Complainant was paying his
bills regularly but in the month of 3.2.2021 he received a bill of
Rs.44,860/- which included an amount of Rs.44,320/- as sundry charges
which is the amount in dispute in the present complaint. Regarding
sundry charges opposite party has placed on record checking report
dated 24.8.2020 wherein it was found during checking that complainant
from his connection No.G 56SF 363664X was sharing load with another
connection in the same premises No.SF36/14202 with a load of 3.74 KW
through a changeover switch. Opposite party in the remarks column
during this checking has mentioned this and further written “ਇਸ ਲਈ
WSD ਬੰਦ ਕੀਤਾ ਜਾਵੇ". Opposite party has further issued a notice Ex.OP-4
to complainant for recovering an amount of Rs.44,320/- based on the
assessment Ex.OP-3 for the period of three years i.e. 11/2017 to 9/2020
on account of WSD concession availed. Opposite party has not placed on
record any rule/regulation regarding the charging of this disputed amount,
on account of concession availed under WSD retrospectively. The
amount charged is also in violation of supply code regulation 32.2 and
hence not recoverable.
9. In view of the abovesaid discussion, facts and circumstances of this case, we partly allow the complaint. The sundry charges amounting to Rs.44,320/- in dispute are set aside. The amount deposited if any be refunded within 30 days from the receipt of copy of this order by opposite parties. No order as to costs.
10. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
11. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Naveen Puri)
President
Announced: (Raghbir Singh Sukhija)
June 01, 2022 Member
*MK*
