Complaint No: 129 of 2022.

   Date of Institution: 21.06.2022.

           Date of order:11.03.2024.

Monika Rikhi Widow of Gaurav Punj, resident of Amamwarra Chowk, Gurdaspur.

                                                                                                      .....Complainant.

                                            VERSUS

1.       Punjab State Power Corporation Limited, through its Chairman, The Mall Patiala.

2.       Sub – Divisional Officer, Punjab State Power Corporation Limited, City Sub – Division, Gurdaspur.

                                                                                                   .....Opposite parties.

            Complaint Under Section 35 of the Consumer Protection Act.

Present: For the Complainant: Sh.K.M. Singh, Advocate.

              For the Opposite Parties: Sh.Narinder Kumar Sharma,  Advocate.

Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.

ORDER

Bhagwan Singh Matharu, Member.

          Monika Rikhi, 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 is consumer of the opposite parties and is having an electric connection for domestic use under A/c No. 3005832039 and paying the electricity bills as per her consumption of electricity. It was pleaded that earlier Shri Anant Ram Sharma the great grandfather of the husband of the complainant was consumer of electric connection having A/c No. 3000154889 and after their death, his son namely Harbans Lal Punj i.e. the grandfather of the husband of the complainant remained consumer of the opposite parties and was using the electricity supply. After his death, his son Vijay Kumar, who was father-in-law of the complainant remained consumer of the opposite parties and he died in the year 2010. Thereafter, the husband of the complainant was using the electricity connection and in the year 2020 he also died. It was further pleaded that after death of the husband of the complainant i.e. Gaurav Punj, the complainant moved an application for transferring the above said electric connection in her name with the opposite parties. Accordingly, after fulfilling all the formalities, the electric connection has been transferred in the name of the complainant under the new A/c No. 3005832039. The connection can only be transferred in the name of other person, if there was no due / outstanding to be paid by the original consumer as arrears. Meaning thereby that when the electric connection has been changed in the name of the complainant and at the time of allotting new electric Connection No. 3005832039, there was no due or outstanding to be paid by the earlier consumer to the opposite parties. It was further pleaded that the opposite parties installed a new electricity meter against the change electricity connection No. 3005832039 in the premises of the complainant in October 2020. The old meter has been taken by the officials of the opposite parties. It was further pleaded that at the time of changing the old meter and installing new meter, the complainant deposited all the relevant charges with the opposite parties, but after the installation of new meter, the officials of the opposite parties came to the house of the complainant and disclosed that about an amount of Rs.32,000/- was due to be payable as arrears by the earlier electric connection holder and now that amount has become more than Rs.55,000/- and asked the complainant to deposit the same. It was further pleaded that the matter was reported to the officials of the opposite parties i.e. Superintendent Engineer (S.E.) in October 2021. Thereafter in December 2021, the complainant received a letter having memo No. 1457 dated 23.12.2021 in the demand of Rs.55,879/- has been made by the opposite parties. The raising of demand by way of above said letter dated 23.12.2021 is illegal, null and void, unconstitutional, time barred etc. and the opposite parties cannot claim the said alleged amount from the complainant after the period of more than 6 years. 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 their illegal letter having memo No. 1457 dated 23.12.2021 for the demand of Rs.55,879/- being unconstitutional, null and void, time barred etc. in the interest of justice by allowing the present complaint in favour of the complainant alongwith costs of Rs.10,000/- as compensation to the complainant and Rs.20,000/- towards mental agony, harassment etc. 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 not come to this Hon’ble Commission with clean hands and she has suppressed the true and material facts from this Hon'ble Commission and this Hon’ble Commission has no jurisdiction to try and entertain the present complaint of the complainant. It was pleaded that the complainant has moved an application for disconnection of the earlier connection and for installation of a new connection in her name with the answering opposite parties and on his application, old electric connection was disconnected and changed with new connection as per rules and regulations of the PSPCL Department. It was further pleaded that at the time of installation, the complainant has admitted that she was using the old electric meter and connection and she will be liable to pay the arrears / dues if any of the old electric connection and the opposite parties has installed new electric connection in the premises of the complainant. It was further pleaded that the matter of the fact is that previous consumer Sh. Anant Ram who was i.e. great grandfather-in-law of the complainant had issued cheque No. 44254 dated 07.09.2015 amounting to Rs.32,207/- to the PSPCL Department for payment of the electricity consumption charges, but the said cheque was dishonored. After dishonor of the cheque, the above said Anant Ram has deposited Bank Demand Draft of Rs.32,207/- to the PSPCL Department, but due to clerical mistake both the amounts were adjusted / credited in the electricity account of the above said Anant Ram and he took benefit of both the payments. However, the earlier payment made by cheque was dishonored and that amount was not deducted from the account of the consumer. It was further pleaded that due to which the above said amount of Rs.32,207/- was deducted against the next consumption bills which were issued to the consumer. Now the Special Audit Team has audited the account of the consumers of the department and it was found that the amount of Rs.32,207/- was wrongly credited in the account of the consumer i.e. Anant Ram and he took wrong benefit. In the meanwhile the complainant has disconnected the previous electric connection and installed the fresh electric connection in her name in the same premises. Thereafter, during the Special Audit, PDCO (Permanent Disconnection Order) cases were checked by the department and the premise of the complainant was checked vide LCR No. DEA / Book No. 1990 Page No. 81 dated 19.10.2021 and it was found that the new electric connection has been installed in the name of the complainant having A/c No. 3005832039 in place of old electric connection No. 3000154889 against which arrears of Rs.55,879/- were due. It was further pleaded that thereafter, notice was sent to the consumer and after receiving the notice, he approached the department and admitted that the amount of Rs.32,000/- was wrongly credited and she prayed for waive of the said arrears of the pervious electric meters. The opposite parties have rightly issued the memo No. 1457 dated 23.12.2021 demanding the amount of Rs.55,879/- from the complainant. As such the complainant is liable to pay the said amount to the PSPCL Department. It was further pleaded that there is no deficiency in services on the part of the answering opposite parties and the answering opposite parties are liable to recover the amount from the complainant as per the rules and regulations.

          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 placed on file affidavit of Monika Rikhi, (Complainant) as Ex.CW-1/A alongwith other documents as Ex.C-1 to Ex.C-6 alongwith complaint.

5.       Learned counsel for the opposite parties has placed on file affidavit of Er. Arun Bharadwaj, (A.E, P.S.P.C. Ltd, City Sub - Division, Gurdaspur) as Ex.OPW-1/A alongwith other documents as Ex.OP-1 to Ex.OP-8 alongwith reply.

6.       Rejoinder not 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.       The detailed facts of the present case reveals that the complainant has challenged the letter of opposite parties issued vide memo No.1457 dated 23.12.2021 for the demand of Rs.55,879/-. It was alleged by the complainant that this demand raised vide above said letter is illegal, unconstitutional and time barred. The contents of the letter and the reply of the opposite parties reveals that this amount is related to previous electric connection bearing A/c No.3000154889 which was in the name of Sh.Anant Ram Sharma installed in the same premises that of the complainant. Presently as per copies of electricity bills at Ex.C3 to Ex.C5, the electric connection is running in the name of the complainant bearing A/c No.3005832039 under domestic category. The contents of the letter further shows that the amount in dispute pertains to the electricity bill dated 27.09.2015 which become recoverable after dishonor of the cheque deposited by then owner Sh.Anant Ram Sharma at that time which has been detected through special  audit vide their report dated 11.09.2020 at Ex.OP-4.

10.     The audit report of the opposite parties at Ex.OP-4 shows that primarily Rs.32,207/- was due which has become Rs.55,879/- with interest from 01.08.2016 to 31.08.2022.

11.     It is clear from the above referred Ex.OP-7 and Ex.OP-4 that the amount related to the year 09/2015 has been charged/demanded in 12/2021 after gap of more than six years. Interest of Rs.23,672/- was added without any default of the complainant rather it was negligence on the part of the opposite parties. The due amount related to dishonored cheque would have been recharged and recovered there and then in 2015.

12.     By relying upon the Supply Code Regulation No.32.2 which is read as under:-

          "Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied".          

We are of the opinion that the amount of Rs.55,879/- is not recoverable at all as amount is related to the period beyond six years.

13.     Further as per latest commercial circular No.21/2022 issued by Chief Engineer/Commercial, PSPCL Patiala which read as under:-

          "As per Deptt. Of Power, GoP office Memo no.2/22/2016- EB2/469 dated 13.07.2022, Council of Ministers, Govt. of Punjab in its meeting held on 06.07.2022 has decided to waive off the pending arrears as on 31.12.2021 and not  paid   up to 30.06.2022 of electricity bills of all domestic   consumers (running/disconnected, using electricity for residential purposes only".

all the pending bills upto 31.12.2021 has already been waived off. As such this pending amount in the present case is also not recoverable as per this commercial circular.

14.     As an up shot of the aforesaid discussion we are of the view that opposite parties have no right to recover this amount as detailed above. Accordingly, the present complaint is partly allowed and the letter issued vide memo No.1457 dated 23.12.22021 for recovery of Rs.55,879/- is hereby set aside. No order as to costs.             

15.      The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.

16.     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 11, 2024                                             Member

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