Complainant Kartar Singh has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to quash memo No.384 dated 27.03.2019 for Rs.26,070/-. Opposite parties be further directed to pay Rs.20,000/- on account of mental torture and physical harassment from the hands of opposite parties, in the interest of justice.
2. The case of the complainant in brief is that he has installed a domestic electric meter in his house bearing Account No.G 35-SF-440723 H as such he is consumer of the opposite party and paying electricity bills regularly to the opposite party. He has further pleaded that his meter was burnt alongwith other meters due to some technical defect and he deposited required fee of burnt meter amounting to Rs.520/- on 01.09.2017. The opposite party changed his meter and removed the old burnt meter. The opposite party no.1 had not removed the meter in his presence and packed as per procedure. Meter was sent to M.E. Lab but meter has not been checked in his presence and not as per rules and regulations of the opposite parties. No notice has been issued to him before checking the meter in M.E.Lab. He has next pleaded that opposite party no.1 has sent Memo No.384 dated 27.03.2019 for Rs.26,070/- alleged due to difference of units which is illegal, null and void and not binding on him. He approached the opposite party no.1 and requested to withdraw the illegal demand of Rs.26,070/- but all in vain. Thus, there is deficiency in service on the part of the opposite parties.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that the complainant has filed the false and frivolous complaint with intention to harass the opposite parties; the complainant has not approached this Hon’ble Forum with clean hands and concealed the material facts intentionally and deliberately; the present complaint is not maintainable; 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. On merits, it was submitted that the account No.35-SF-440723 is sanctioned in the name of the complainant. It was further submitted that the meter of the complainant was changed on the request of the complainant being burnt one vide MCO dated 11.6.2018 effected on 14.6.2018. The complainant had paid the energy bill upto the reading of 20227 and the new meter was installed. The sanctioned load of the complainant is 3.90 kilowatt. The meter was changed in the presence of complainant and same was packed in the cardboard thereafter, the opposite parties sent the meter of the complainant to the M.E. Lab vide Challan No.51 and during the checking of the M.E. Lab, it was found that the complainant has consumed 23313 units whereas paid the bill upto the reading 20227 units, hence there is difference of 3086 units, which is recoverable from the complainant as consumed units. Thereafter, the opposite parties issued notice no.284 dated 27.3.2019 for the recovery of Rs.26070/-. So the amount demanded by the opposite parties is legal and genuine and there is no deficiency in service on the part of the opposite parties. 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.CW-1 alongwith other documents Ex.C-1 to Ex.C-11.
5. Alongwith the written statement ld.counsel for the opposite parties filed documents Ex.OP-1 to Ex.OP-3.
6. Written arguments have been filed by the parties.
7. We have carefully gone through the pleadings of counsel for the complainant; written arguments as well as oral 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. The present complaint is filed by the complainant to challenge the notice no.384 (as per opposite party it is 284) dated 23.7.2019 which is placed at Ex.C-1 issued by opposite party to deposit Rs.26,070/- for difference of units consumed in the premises of complainant against Account No.G 35-SF-440723 H. Complainant alleged that his electricity meter got burnt and he deposited requisite fee for its replacement to opposite party and thereafter his meter was replaced but it has not been replaced and checked in M.E.Lab in his presence. So the said notice issued by opposite party is alleged to be illegal by complainant.
9. Opposite party in their written reply stated and admitted that the electricity meter of the complainant was burnt and replaced vide MCO dated 16.6.2018 (Ex.OP-1) and checked in ME Lab through challan No.51 (Ex.OP-2/2). Further it is claimed by opposite party that during the checking of meter in M.E.Las there was difference of meter reading checked in M.E.Lab and as reported on Challan No.51. So the said notice has been issued to the complainant to deposit Rs.26,070/- the necessary charges in lieu of the difference of units consumed.
It is admitted fact that electricity meter was in burnt condition before replacement. But opposite party failed to explain that how the reading of a defective/burnt electricity meter is considered as correct to charge the difference of units. No regulation of the department or any other document is placed on record to justify their act. Moreover nothing has been explained by opposite party to prove the consumption/accumulation of 3086 units (difference of units charged) nor any period is mentioned to which it relates.
10. From the above, we are of the considered view that this case being the case of burnt meter must have been dealt with as per guide lines given in Supply Code Regulation 21.5.2 which is read as under:-
21.5.2 Defective (other than inaccurate/Dead Stop/Burnt/Stolen meters
The accounts of a consumer shall be overhauled/billed for the period meter remained defective/dead stop and in case of burnt/stolen meter for the period of direct supply subject t maximum period of six months as per procedure given below:-
a) On the basis of energy consumption of corresponding period of pervious year.
b) In case the consumption of corresponding period of the previous year as referred in para (a) above is not available, the average monthly consumption of previous six (6) months during which the meter was functional, shall be adopted for overhauling of accounts.
c) If neither the consumption of corresponding period of previous year (para-a) nor for the last six months (para-b) is available then average of the consumption for the period the meter worked correctly during the last 6 months shall be taken for overhauling the account of the consumer.
d) Where the consumption for the previous months/period as referred in para (a) to para (c) is not available, the consumer shall be tentatively billed on the basis of consumption assessed as per para- 4 of Annexure-8 and subsequently adjusted on the basis of actual consumption recorded in the corresponding period of the succeeding year.
e) The energy consumption determined as per para (a) to (d) above shall be adjusted for the change of load/demand, if any, during the period of overhauling of accounts.
Hence notice No.284 dated 23.7.2019 issued by opposite party to demand Rs.26,070/- is not sustainable.
11. In view of the aforesaid discussion by considering the facts and circumstances of the case, the present complaint is partly allowed. The said order issued by opposite party to complainant to deposit Rs.26,070/- is hereby set aside. However opposite party is at liberty to deal this case as per Supply Code Regulation 21.5.2. No order as to costs.
12. 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.
13. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Naveen Puri)
President
Announced: (B.S.Matharu)
July 27, 2022 Member
*MK*
