Punjab

Gurdaspur

CC/309/2015

Lakha Singh - Complainant(s)

Versus

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

Kavi Raj Saini

07 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURDASPUR
DISTRICT COURTS, JAIL ROAD, GURDASPUR
PHONE NO. 01874-245345
 
Complaint Case No. CC/309/2015
 
1. Lakha Singh
S/o Sh.Virsa Singh r/o vill. Hemrajpur Teh and Distt. Gurdaspur
Gurdaspur
Punjab
...........Complainant(s)
Versus
1. P.S.P.C.Ltd
through its CMD The Mall Patiala
Patiala
Punjab
............Opp.Party(s)
 
BEFORE: 
  Sh. Naveen Puri PRESIDENT
  Smt.Jagdeep Kaur MEMBER
 
For the Complainant:Kavi Raj Saini, Advocate
For the Opp. Party: Sh.Suvir Mahajan, Adv., Advocate
ORDER

 Complainant Lakha 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 withdraw the impugned demand raised vide bill dated 23.7.2015 and to set aside/quash the bill in question and also to withdraw their illegal threat of disconnection of electricity connection. Opposite parties be further directed to pay Rs.10,000/- as compensation for physical harassment and mental agony alongwith litigation expenses to him, in the interest of justice.

 2.        The case of the complainant in brief is that he has got installed a domestic electric connection bearing Account No.G 33 MF 362321 and has been paying the consumption bills regularly to the opposite parties, hence, he is consumer. His average bimonthly bills are issued by the opposite parties from 500 to 600. Opposite parties issued a bill dated 23.7.2015 for Rs.99,760/- from 22.5.2015 to 23.7.2015 including Rs.92,067/- as arrears and consumption is shown to be 1116 units as Old Status of the meter was 22426 and that of new is 23542. The abovesaid bill is totally illegal, null and void and is highly improbable. Thereafter, he approached the opposite party no.4 and requested them to withdraw the impugned demand but they refused to admit his claim. 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 complaint is not maintainable because the bill under dispute has been issued for the energy consumed by the complainant. There is no defect in the meter. As per reading submitted by the meter reader and also as recorded on the meter, the old reading was 12230 units and the new reading was 22436. This way the consumption was 10190 units. As per consumption shown in the meter reading, the bill was issued for 92067 and this included 1607/- on account of SOP. The bill was not paid by the consumer. The bill under dispute includes the unpaid bill for previous months. As per rates prevailing at the time of preparing the bill, the bill under dispute is correct and there is no illegality in the same. On merits, it was submitted that the amount of Rs.92,067/- was on account of unpaid bill of previous two months. It was as per energy consumed by the consumer. There is absolutely no illegality or nullity in that. Since the consumer has consumed the energy. The bill was biding upon him. The consumer may kindly be directed to produce the receipt of his previous bill having been paid. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.      Complainant tendered into evidence his own affidavit Ex.C1, of Pal Singh Ex.C2 and of Shamsher Singh Ex.C3, alongwith other documents Ex.C4 to Ex.C8 and closed the evidence. 

5.       Sh.Kasturi Lal AEE/SDO of PSPCL tendered into evidence his own affidavit Ex.OP-1 and closed the evidence.

6.    We have carefully gone through the pleadings of 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 counsels for the purposes of adjudication of the present complaint.

7.     From the pleadings and evidence on record it is an admitted case of both the parties that the complainant is holder of one electric connection bearing account No.G 33 MF 362321  and as such is a consumer of the opposite party. The main grievance of the complainant is regarding bill dated 23.7.2015 for Rs.99,760/- which is as per the complainant is a excessive bill.

8.    On the other hand, opposite party has contended that the bill in dispute is only the actual consumption charges and it includes the unpaid bills for previous months also.

9.     From the entire above discussion, we find that consumers have every right to know what he is paying and why he is paying. The opposite party is duty bound to explain the details of bills raised by it. Hence, we prefer to dispose of this complaint by giving directions to opposite party to give a fresh notice with all details and calculations for the amount claimed from the complainant. The complainant be also given an opportunity so be heard. Entire exercise be completed by the opposite party within 45 days from the receipt of copy of orders. Meanwhile the recovery of the impugned amount shall remain stayed. Disposed off accordingly.

10.               Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                             

     

        (Naveen Puri)

                                                                            President   

 

Announced:                                                   (Jagdeep Kaur)

December 07 2015                                                  Member

*MK*

 
 
[ Sh. Naveen Puri]
PRESIDENT
 
[ Smt.Jagdeep Kaur]
MEMBER

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