Punjab

Gurdaspur

CC/312/2015

Ramesh Kumar - Complainant(s)

Versus

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

Ankush Sharma

24 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURDASPUR
DISTRICT COURTS, JAIL ROAD, GURDASPUR
PHONE NO. 01874-245345
 
Complaint Case No. CC/312/2015
 
1. Ramesh Kumar
S/o Ram Parkash R/o vpo Kalanaur Teh and distt. Gurdaspur
Gurdaspur
Punjab
...........Complainant(s)
Versus
1. P.S.P.C.Ltd
The Mall Patiala through its CMD
Patiala
Punjab
............Opp.Party(s)
 
BEFORE: 
  Sh. Naveen Puri PRESIDENT
  Smt.Jagdeep Kaur MEMBER
 
For the Complainant:Ankush Sharma, Advocate
For the Opp. Party: Sh.Opinder Rana, Adv., Advocate
ORDER

  Complainant Ramesh Kumar through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the opposite parties be directed to rectify the bill in dispute and to recover the actual consumption amount from him and restrained from disconnecting his electric connection till the final decision of the complaint. Opposite parties be further directed to pay Rs.50,000/- as compensation for the mental agony, physical torture and financial loss suffered by him alongwith Rs.5,000/- as litigation expenses all in the interest of justice.

  1. The case of the complainant in brief is that he has got installed an electric connection in his house for domestic purpose bearing A/c No.G-34K F 820091H and as such he is consumer of the opposite parties and paying the bills regularly and nothing is due against him. He has next stated that he received the bill dated 2.7.2015 in which opposite party has demanded Rs.7550/- from him in which the consumption has been shown as 924 units which is totally wrong and illegal. He never used electricity to this extent for which the amount in question has been demanded from him. Hence this complaint.
  2. Upon notice, the opposite parties appeared through their counsel and filed the written reply by taking preliminary objections that the complainant has filed the false and frivolous complaint; the complainant has not come to the Forum with clean hand and concealed the material facts intentionally and deliberately; the present complaint is not maintainable and the complaint of the complainant is bad for non joinder and mis-joinder of necessary parties. On merits it is submitted that in the month of July 2014 the consumption bill of the complainant was Rs.6490/- out of which the complainant has deposited Rs.2980/- on 13.8.2014 as part payment. The electric meter of the complainant was changed on 4.7.2014 vide MCO No.52/104842 and due to the change of meter the opposite party has sent the bill to the complainant on average basis being “F” code. The opposite parties also sent the advice to the computer section bearing no.2017 dated 14.8.2014 but not accepted by the computer section. Again the opposite party has sent the advise bearing no.2234 dated 13.12.2014 and no.2413 dated 16.2.2015 but due to the technical fault the computer system did not accept the advise sent by the opposite parties, hence from 9/2014 to 5/2015 the five bills have been sent to the complainant of 'F' Code. The opposite party has sent the energy bills on the average basis to the complainant from September 2014 to July 2015 due to the above stated reasons. The complainant has paid the energy charge from September 2014 to July 2015 of 2520 units. The new meter was installed at the reading 3406 units. Hence the complainant paid the energy charges upto 5926 whereas the current meter reading of the complainant is 6172 unit still the energy bill of 250 units is outstanding against the complainant. So the amount demanded by the opposite party is legal and genuine. There is no deficiency in service on the part of the opposite parties. All other averments made in the complaint have been denied. Lastly, opposite parties have prayed for dismissal of the complaint with costs.         
  1. Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1 along with other documents Ex.C2 to Ex.C6 and closed the evidence. 
  2. Sh.Khazan Singh S.D.O. of P.S.P.C.Ltd. tendered into evidence his own affidavit Ex.OP-1 alongwith other documents Ex.OP-2 to Ex.OP-8 and closed the evidence.
  1. We have duly considered the pleadings of both the parties; heard the arguments advanced by their 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.
  2. From the pleadings and evidence on record we find that the complainant is the holder of one electric connection bearing account No.G-34K F 820091H and as such is a consumer of the opposite party. The complainant has mainly challenged the bill dated 2.7.2015 in which the opposite party has demanded Rs.7,550/- from him for 924 units. The case of the complainant is that he never used electricity to this extent and the bill is excessive, wrong and illegal.
  3. On the other hand, counsel for the opposite party has submitted that electric meter of the complainant was changed on 4.7.2014 and due to the change of meter the bill was raised on average basis. The opposite party even sent the advice to the computer section but due to technical fault the computer system did not accept the advice sent by the opposite party and as such five bills have been sent to the complainant with ‘F’ code. The complainant has paid energy charges of 2520 units and the new meter was installed at the reading of 3406 units. The complainant has paid the energy charges upto 5926 units whereas the current meter reading is 6172 units as such bill of 250 units is outstanding against the complainant.
  4. From the entire above discussion we find that the bill dated 2.7.2015 is non-speaking and opposite party is bound to disclose the reasons and rules under which the same was raised. A consumer has every right to know what he is paying and why he is paying. In view of this we find that this complaint can be best disposed off by giving directions to the opposite party to issue a fresh detailed notice to the complainant within 30 days from the receipt of copy of orders wherein opposite party shall give/provide all the details of the impugned demand, mode of calculation etc. Disposed off accordingly. No order as to costs. 

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

                                                                            (Naveen Puri)

                                                                                 President.                                                                                        

ANNOUNCED:                                               (Jagdeep Kaur)

December 24, 2015                                                   Member.

*MK*

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

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