Punjab

Fatehgarh Sahib

CC/29/2015

Ranjit Kaur - Complainant(s)

Versus

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

Sh Sanjeev Abrol

20 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                      Consumer Complaint No.29 of 2015

                                                            Date of institution:  10.03.2015         

                                                                     Date of decision  :   20.01.2016

Ranjit Kaur aged about 47 years wife of Gurcharn Singh S/o Sh. Natha Singh, resident of # 320, Sector 21-A, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib.

……..Complainant

Versus

 

1.     Punjab State Power Corporation Ltd.(PSPCL), The Mall, Patiala, through its Chairman/Secretary.

2. Sub Divisional Officer, Punjab State Power Corporation Ltd.(PSPCL), Sub Division Mandi Gobindgarh(Sub Urban), Tehsil Amloh, District Fatehgarh Sahib.
3. Executive Engineer (X-En), Punjab State Power Corporation Ltd.(PSPCL), Sub Division Mandi Gobindgarh (Sub Urban), Tehsil Amloh, District Fatehgarh Sahib

 …..Opposite Parties

Complaint under Sections 11 to 14 of the Consumer Protection Act

Quorum

Sh. Ajit Pal Singh Rajput, President                                       Smt. Veena Chahal, Member                                                   Sh. Amar Bhushan Aggarwal, Member

Present :        Sh. Sanjeev Abrol, Adv. Cl. for the complainant                                         Sh. M.P.S.Batra, Adv. Cl. for the OPs.

 

ORDER

Amar Bhushan Aggarwal, Member

                      Complainant Ranjit Kaur aged about 47 years wife of Gurcharn Singh S/o Natha Singh, resident of # 320, Sector 21-A, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib, has filed this complaint against the Opposite parties (hereinafter referred to as “the OPs”) under Sections 11 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.                    The complainant purchased a house, vide sale deed dated 26.03.2014, situated at village Jassran, Tehsil Amloh, District Fatehgarh Sahib, from its previous owner. Being owner of the said house the complainant is enjoying electricity facility through electricity connection bearing account No. K21CR290273N. The electric meter is in the name of Madan Lal, the previous owner of the said house and the complainant has not transferred the same in her own name. The complainant has been regularly paying the charges with regard to the electricity consumed by her through the said electric connection and has never defaulted the same nor has become defaulter of the department at any time nor any amount is due towards her. In the month of February 2015, the complainant was stunned and surprised to receive a bill dated 04.02.2015 for an amount of Rs.9120/-, in which old balance was shown as Rs.8082/-, whereas no previous bill or amount is pending.  The complainant immediately approached the concerned PSPCL authorities and requested them to correct the bill but they flatly refused to do and rather threatened to disconnect the electric connection of the complainant, which shows the gross negligence, carelessness and deficiency in service on the part of the OPs. Hence, this complaint for giving directions to the OPs not to recover the alleged amount of Rs.8082/- and further to pay Rs.60,000/- as compensation on account of mental tension, undue and unnecessary harassment being suffered by the complainant.

3.                   The complaint is contested by the opposite parties, who filed joint written reply. In reply to the complaint the opposite parties raised certain preliminary objections, inter alia, that the present complaint is beyond the scope of the provisions of the Consumer Protection Act. The complainant is not a consumer of the OPs as no agreement is executed between the complainant and OPs; the complainant has no legal right or cause of action to file the present complaint; the complainant is stopped by her own act and conduct to file the present complaint and this Forum has no jurisdiction to entertain and try the present complaint. As regards the facts of the complaint, the OPs stated that the electric meter in question is in the name of Madan Lal and complainant has not transferred the same in her name, hence the complainant is not the consumer of the OPs.  It is further stated that  as per record of the PSPCL, Sub Division, Mandi Gobindgarh, the amount of Rs.8082/-, mentioned in the bill as sundry charges, is on the basis of overhauling the said account by the audit party of PSPCL.  The meter of the consumer became defective and was reported defective in the month of February 2013. The defective meter was changed vide MCO No.83/109579 dated 28.02.2013. The meter in question became defective in 9/12, when the same was stopped to record reading after 19999. As per reading data it clearly shows that bills dated 05.12.2012 and 10.02.2013 are having the same reading and the bill dated 09.04.2013 is of average basis.  Therefore, as per rules, regulations and procedure of the PSPCL, the audit party overhauled the said connection of the complainant for the month of 10/12 to 12/12 on the basis of consumption of bills for the period of 10/11 and 12/11. The amount of Rs.8082/- has been rightly charged by the PSPCL and there is no deficiency in service on the part of the OPs. After denying the other averments made in the complaint, they prayed for dismissal of the complaint.

4.                   In order to prove the case, the complainant tendered his affidavit Ex.C-1, attested coy of sale deed Ex. C-2, attested copies of bills and receipts  Ex. C-3 to C-13 and closed the evidence. In rebuttal the opposite parties tendered affidavit of  Joga Singh, RA, Ex. OP-1, attested copy of MCO Ex. OP-2, attested copy of reading data Ex. OP-3, attested copy of audit report Ex. OP-4, copy of sundry register Ex. OP-5 and closed the evidence.

5.                    Written arguments were not submitted neither by the complainant nor the OPs. The Ld. counsel for the complainant argued that he is not liable to pay the amount of Rs.8,082/- charged as sundry charges for the period of 10/2012 and 12/2012 since he had purchased the premises in March 2014. He pleaded for acceptance of his complaint and for setting aside the demand of alleged amount of Rs.8,082/- along with amount of Rs.60,000/- for unnecessary harassment and mental tension.

6.                   On the other hand the ld. counsel for the OPs pleaded that the amount of Rs.8082/- mentioned in the bill is sundry charges on the basis of the overhauling the account of the complainant by the audit party of PSPCL, Ex. OP-5. The meter had stopped giving reading after it reached at 19999, so it was replaced as per order Ex. OP-2. Bills dated 05.12.2012 and 10.02.2013 were showing the same readings, which were charged as per reading of the corresponding previous year’s reading of 12/2011. Bill dated 09.04.2013 was charged on average basis. Then on the basis of overhaul of account of complainant by audit party, an amount of Rs.8,082/- was added in the bill of the complainant, which are the consumption charges. The complainant had purchased the premises on 26.03.2014(Ex. C-2) along with the electricity connection and its security etc. and was liable to pay all the consumption charges. The Ld. counsel for OPs pleaded for dismissal of the complaint.

7.                   After hearing the Ld. counsel for the parties and going through the pleadings, evidence produced by the parties and the oral submissions, we find that there is merit in the submissions made by the Ld. counsel for the OPs. Hence, we dismiss the complaint and the OPs are well within their rights to claim the consumption charges of Rs.8,082/- as pointed out in its report by the audit party. No order as to the costs. Parties will bear their own costs.

8.                   The arguments on the complaint were heard on 18.01.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.    

Pronounced                                                                                             Dated: 20.01.2016

(A.P.S.Rajput)               President

 

                                                                               (Veena Chahal)                                                                                            Member

 

(A.B.Aggarwal)             Member