Punjab

Gurdaspur

CC/294/2014

Mohan Singh - Complainant(s)

Versus

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

Ms,Meena Mahajan

28 Jan 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURDASPUR
DISTRICT COURTS, JAIL ROAD, GURDASPUR
PHONE NO. 01874-245345
 
Complaint Case No. CC/294/2014
 
1. Mohan Singh
S/o Ganda singh age 73 years retire corporation r/o Jail road
Gurdaspur
Punjab
...........Complainant(s)
Versus
1. P.S.P.C.Ltd
The Mall Patiala through its C.M.D
Patiala
Punjab
............Opp.Party(s)
 
BEFORE: 
  Sh. Naveen Puri PRESIDENT
  Sh.G.B.S.Bhullar MEMBER
  Smt.Jagdeep Kaur MEMBER
 
For the Complainant:Ms,Meena Mahajan, Advocate
For the Opp. Party: Sh.Pranav Sharma, Adv., Advocate
ORDER

 Complainant Mohan Singh through the present complaint filed under section 12 of the Consumer Protection Act, 1986 (hereinafter for short called 'the Act') has sought the issuance of necessary directions to the opposite parties namely the different authorities/offices of the Punjab State Power Corporation Ltd, at Patiala and Gurdaspur to rectify the impugned bills and issue the actual consumption bill to him besides to pay him Rs.10,000/- as compensation for causing mental agony, physical torture and financial loss and Rs.5,000/- as litigation expenses, all in the interest of justice.

2.       The case of the complainant in brief is that he has been the holder of electric connection No.3000158181 and has been paying its consumption bills regularly. However, electric meter got burnt on 10.6.2012 and that was duly informed to the opposite parties whose junior engineer Vijay Kumar visited his residence and removed the electric meter showing the reading as 2870 units. He also deposited Rs.640/- as desired by the visiting junior engineer Vijay Kumar. He has also been paying the subsequent bills regularly that were issued on average basis till 15.2.2013 when the new/fresh electric meter was installed with reading 0001 and to his utter surprise he was informed that the old meter removed on 15.2.2013 showed the reading of 14478 units which is totally wrong and unjustified and hence the present complaint with the above relief as duly prayed herein above.

3.       Upon notice, the opposite parties appeared through their counsel and filed the written reply taking the usual preliminary objections and also claiming that the impugned bill is as per the old meter reading and pertains to the consumption of units by the complainant and thus he was liable to pay the same and the present complaint liable to be dismissed with costs.     

4.       Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1, alongwith other documents Ex.C2 to Ex.C5 and closed the evidence. 

5.       Counsel for the opposite party tendered into evidence affidavits of Vijay Kumar, J.E. Ex.OP1 and of Dilbagh Singh A.A.E. Ex.OP4, alongwith other documents Ex.OP2 and Ex.OP3 and closed the evidence.

6.       We have carefully gone through the pleadings of 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 purpose of adjudication of the present complaint.

7.       We find that the senior-citizen (& the OP retiree) complainant’s Electricity Supply Meter was disconnected on 12.06.2012 (for having reported defective) and duly removed for replacement with a new/fresh (in order) Meter. However, the new Meter could be placed in-place only on 14.02.2013 and the present dispute pertains to the consumption charges for the intervening period i.e., from 12.06.2012 to 14.02.2013 i.e., for 8 months only. The OP service providers calculate consumption as per the affidavit Ex.OP4 for this period on the basis of old Meter reading taken as: 14478 minus the previous mutually accepted (Bill-Paid) reading taken as: 5851; figure coming out as: 10627 units (consumption) for a period of 8 months i.e., an average of 1328 units per month. However, this figure defies the OP’s own put forth ‘consumption-history’ average as given out in the Ex.C5 as per which the total consumption is: 3416 unit for 14 months (from Jan’12 to Mar’13) comes out as: 244 units per month. Thus the OPs are entitled to charge for 244 X 8 = 1952 units only (on the previous usage average-basis) for the intervening period awaiting the installation of the new Meter as per the MCO dated 12.06.2012. We find it indeed sad that the OP service providers unceremoniously infringe the precious consumer rights of their customers and also land them into awkward/ embarrassing situations and that too at the cost of Public Time & Public Funds. However, we hold the OP’s as guilty of having infringed the complainant’s consumer rights and thus are liable to an adverse award under the adjudicatory Act.

8.       In the light of the all above, we partly allow the present complaint and setting-aside the impugned Bill, we ORDER the opposite parties to draw a fresh Consumption Bill for the intervening period of 8 months on an average basis only besides to pay him Rs.5,000/- as compensation (for having caused him un-necessary harassment, inconvenience and delay) and Rs.3,000/- as cost of litigation within 30 days of the receipt of the copy of these orders otherwise the complainant shall be liable to pay the consumption Bills as per the new Meter only w e f 14.02.2103 onwards, only and the aggregate awarded amount shall also attract interest @ 9% PA from the date of the present complaint till actually paid.  

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

(Naveen Puri)                        

          President

 

 

ANNOUNCED:                   (G.B.S.Bhullar)             (Jagdeep Kaur)

January 28, 2015.                            Member.                             Member.

*MK*            

 

 
 
[ Sh. Naveen Puri]
PRESIDENT
 
[ Sh.G.B.S.Bhullar]
MEMBER
 
[ Smt.Jagdeep Kaur]
MEMBER

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