Complaint No: 148 of 2022.
Date of Institution: 19.07.2022.
Date of order:20.03.2024.
Lachman Kaur W/o Sh. Dharampal Singh, resident of Village Gunno Pur Tehsil and District Gurdaspur, at present resident of 15, Murray Drive, Easton PA 18042, through her Special Power of Attorney Satnam Singh Son of Ajit Singh resident of Village Gunno Pur Tehsil and District Gurdaspur. Pin Code – 143528.
.....Complainant.
VERSUS
1. Punjab State Power Corporation Ltd. Sub Division Purana Shalla, Tehsil and District Gurdaspur, through its SDO. Pin Code – 143530.
2. Superintending Engineer, PSPCL, Jail Road, Gurdaspur. Pin Code – 143521.
3. Punjab State Power Corporation Ltd. The Mall Patiala, through its CMD. Pin Code – 147001.
.....Opposite parties.
Complaint U/s 35 of Consumer Protection Act.
Present: For the Complainant: Sh.Navdeep Kumar Babri, Advocate.
For the Opposite Parties: Sh.S.S. Saini, Advocate.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Bhagwan Singh Matharu, Member.
Lachman Kaur, 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 the complainant has installed an Atta Chakki at Village Gunno Pur for earning her livelihood and livelihood of her dependent family members. It was pleaded that the complainant has also got installed electric connection bearing No.G 49 GP 360099 H-W in her name. The complainant is using this electricity connection, paying its bills etc. regularly, without any default and nothing is outstanding against the complainant. Average bill of this Atta Chakki is between Rs.3000/- to 4000/- P.M. At present the complainant has gone abroad and in her absence, the Atta Chakki in question is being run by her Special Power of Attorney Satnam Singh. It was further pleaded that to the utter surprise of the complainant, the opposite parties issued notice bearing memo No. 465 dated 29.04.2019 in which an amount of Rs.33,212/- has been demanded on account of differences of Units. It was pertinent to mention here that neither the complainant came into arrears of the corporation, nor she committed any kind of illegality or irregularity in making payment of electricity bills. It was further pleaded that the complainant on receiving the above mentioned notice approached the OP No. 1 and requested him to withdraw the notice in question and not to receive any money from her, as she had paid upto date bills and never came into arrears. The Meter of the complainant is also giving correct reading on the basis of which bills are being sent to her. The OP No. 1 called the complainant to his office twice with assurance to do needful in the mater, but thereafter, he refused to take any action. Rather the OP No. 1 threatened to recover the amount forcibly by adopting coercive methods, and to disconnect the connection of the complainant, if the amount is not paid. It was further pleaded that aggrieved by this act of the opposite parties, the complaint filed complaint U/s 12 of Consumer Protection Act which was pending in this Ld. Commission and the same was dismissed as withdrawn due to technical defects with permission to file afresh vide order dated 29.04.2022. The complainant has also deposited 1/4th of the disputed amount with the opposite parties as per the orders of this Ld. Commission. 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 withdraw the notice under challenge and not to recover the amount illegally slapped upon the complainant. It is further prayed that the opposite parties may kindly be restrained from disconnecting electric connection of the complainant, till the final decision of the complaint. The complainant may kindly be awarded compensation to the tune of Rs.50,000/- for mental agony, physical torture and financial loss caused by the opposite parties to her due to deficient service and unfair trade practice on the part of the opposite parties. Litigation expenses to the tune of Rs.5000/- may also be awarded to the complainant, 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 approached this Ld. Commission with clean hands and has concealed the material facts and the present complaint is not maintainable in the present form. It was further pleaded that the complainant has installed Atta Chakki at village Gunopur. The complainant is running the Atta Chakki for commercial purpose and the complainant has got installed electric connection bearing No. GP 36/99 in her name and using the electricity. It was further pleaded that the electric connection of the complainant was checked by Addl. S.E (Enforcement), Batala vide L/ECR No. 24/2404 dated 24.04.2019 and during the checking, the body of the meter and seals were found suspected. Hence, the meter of the complainant was changed vide MCO No. 77/11409 dated 24.01.2019. The old electric meter bearing No. 164841 was removed with the reading of 11427 units, whereas the complainant has paid bill upto 6195 units. Hence, there is difference of 5232 units i.e. 11427 - 6195 = 5232 which is recoverable from the complainant. It was further pleaded that the new meter bearing No. 644945 was installed at the reading of 000001 units and upto 1069 the complainant has consumed the electricity of 1069 units, so the opposite parties could charge the bill of 1068 units from the complainant. The opposite parties have no personal interest in the matter in dispute neither they know the complainant personally nor they have any enmity with the complainant. It was further pleaded that the amount demanded by the opposite parties vide Memo No. 465 dated 29.04.2019 amounting Rs.33,212/- is legal and genuine and there is no deficiency in service on the part of the opposite parties and the bill of the complainant was overhauled due the defective meter of the complainant.
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 filed Self Declaration of Satnam Singh S/o Ajit Singh, (Power of Attorney of the Complainant) as Ex.CW-1/A alongwith other documents as Ex.C-1 to Ex.C-11.
5. Learned counsel for the opposite parties has tendered into evidence affidavit of Sh. Gagandeep Singh, (S.D.O, P.S.P.C. Ltd, Sub – Division Purana Shalla, Gurdaspur) as Ex.OPW-1/A alongwith other documents as Ex.OP-1/B to Ex.OP-1/E alongwith reply.
6. Rejoinder filed by the complainant.
7. Written arguments not filed by both the parties.
8. 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.
9. As detailed above the present complaint was filed by the complainant to challenge the notice placed at Ex.C8 issued by opposite parties vide memo No.465 dated 29.04.2019 for the demand of Rs.33,212/- as difference of units related to electric connection of Atta Chakki under S.P. category bearing A/c No.G-49GP-360099HW.
10. This complaint is related to an industrial connection under S.P. category used for Atta Chakki by the complainant. The complainant in the para No.2 of the complaint stated that this connection is being used to earn livelihood of her family so as per CPA, 2019 Section 7 (ii) (a) the preset complaint has been considered for adjudication in this Commission.
11. It has been alleged by the complainant that the demand raised by the opposite parties in the said notice is illegal as normally the consumption of electricity varies from 700 units to 1100 units only and prayed for withdrawal of the said notice.
12. Opposite parties in their written statement denied all the allegations and stated that the meter of this connection was replaced as per checking report of enforcement vide M.C.O. No.77/11409 dated 24.01.2019 as Ex.OP-1/C. It was further pleaded that the meter reading was found to be 11427 units whereas previously the bills were charged upto 6195 units, hence the difference of 5232 units alongwith consumption of new meter of the 1069 units has been charged in the said notice which is legal and recoverable.
13. Perusal of record in the file shows that the meter reading of the old meter was 6349 kwh as per checking report placed at Ex.OP-1/B on 05.01.2019 and as per Ex.OP-1/C and Ex.OP-1/D it was 11427 kwh on 24.01.2019. It means there is consumption of 5078 units in merely 19 days. The normal consumption of electricity as shown at the bottom of the bill placed at Ex.C-1 to Ex.C-3 varies from 750 units to 1069 units per month.
14. The opposite parties have not placed on record any cogent evidence to prove that how the consumption of 5078 units is possible in 19 days as normally monthly consumption is quite less than this. It clearly shows that the final reading of meter as 11427 units is wrong and may be due to defect in the meter.
15. Hence, in view of the above we are of the opinion that the consumption charged on the basis of the reading of the defective meter is not justified at all and it must have been charged as per guidelines given in the regulation 21.5.2 of Electricity Supply Code, 2014 under the heading overhauling of accounts in case of defective meter.
16. Accordingly, the present complaint is partly allowed and the notice issued vide memo No.465 dated 29.04.2019 for the demand of Rs.33,212/- is hereby set aside. Opposite party No.1 is directed to rectify the concerned bill by charging units for the period of defective meter during 01/2019, as per regulation 21.5.2 of Electricity Supply Code, 2014. No order as to costs.
17. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.
18. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Lalit Mohan Dogra)
President
Announced: (B.S.Matharu)
March 20, 2024 Member
*YP*
