Complainant Sangat Samtavad Samtayog Ashram through Sh.Sushil Kumar son of Bawa Ditta Mal has filed the present complaint against the opposite parties U/S 35 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to set aside bill dated 24.01.2021 amounting to Rs.25,350/-. Opposite parties be further directed to pay Rs.50,000/- for physical harassment and mental agony alongwith Rs.30,000/- as litigation expenses, in the interest of justice.
2. The case of the complainant in brief is that it is a Religious Organization and Mr.Sushil Kumar son of Bawa Ditta Mal is authorized to file and pursue the matter vide Resolution dated 01.01.2021. One electricity connection having Account No.3000160517 and Consumer No.G44MF370082K has been installed in its premises and at that time one Khidmat Rai who was the whole time devotee of the Ashram and the connection was issued in his name and address as mentioned in the electricity bill and sanctioned load of the 2.07 KW. He was paying electricity bills regularly to the opposite parties without any delay. Electricity meter is installed outside the premises and away from his house in a Almirah under the lock and key of the officials of the opposite parties. His bills approximately amounting to Rs.1000/- to Rs.1200/- were issued from time to time. He has next pleaded that the opposite parties issued a bill dated 24.01.2021 for Rs.25,350/- for a period of 59 days against consumption of 51 electricity units. The bill of the consumption has been calculated in the bill which was amounting to Rs.352/- but opposite parties wrongfully and illegally had added an amount of Rs.1139/- as arrears and Rs.23,575/- as Tax which is sheer high headedness and dictatorship and illegal act on the part of the opposite parties. After receiving the bill, he went to the office of opposite party no.3 and enquired the matter and has also moved an application to the Asstt. Executive Engineer, PSPCL, Gurdaspur on 29.01.2021 requested them for rectification of the bill but opposite parties without making an enquiry gave wrong remarks on the application. He requested the opposite parties to withdraw their illegal demand of bill and to correct the bill dated 24.01.2021 as the same is not payable but all in vain. 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 taking the preliminary objections that the complainant has not been charged anything else than consumption charges and hence the present complaint is not maintainable; the complainant is not consumer of opposite parties as such the complaint filed by the complainant is not maintainable and the complaint filed by the complainant is vexatious one and deserves to be dismissed with special cost. On merits, it was submitted that the present complainant is not consumer of opposite parties and the meter in question is still in the name of Khidmat Rai and no anyone from the applicant side moved any application for change the name of consumer. It was next submitted that the bills were issued to the complainant by the opposite parties without charging the tax/ED from bill dated 18.08.2012 to 5/2020 by computer software mistake. The audit party calculated the ED/tax from 8/2012 to 5/2020 which comes to Rs.23,575/- as such the amount of Rs.23,575/- was outstanding against the complainant till 5/2020. Hence, the opposite parties have every right to recover the amount outstanding against the complainant. Actually, the amount demanded from the complainant is ED/Tax which was not calculated from the period of August 2012 to 5/2020, hence the amount demanded by the opposite parties is legal and genuine. Now at present bill dated 24.01.2021 and latest bill dated 19.03.2021includes ED/Taxes in column "I" Taxation which were missing in the previous bills from 8/2012 to 5/2020. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Alongwith the complaint, complainant has filed his own affidavit Ex.CW-1/A alongwith other documents Ex.C-1 to Ex.C-5.
5. Alongwith the written statement ld.counsel for the opposite parties filed affidavit of SDO PSPCL Sub Division, Sub Urban, Gurdaspur Ex.OPW-1/A alongwith documents Ex.OP-1 to Ex.OP-7.
6. Written arguments have not been filed by the parties.
7. We have carefully gone through the pleadings of counsel for the complainant; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.
8. The present complaint has been filed by the complainant regarding receipt of an excessive electricity bill dated 24.1.2021 amounting to Rs.25,350/- issued by opposite parties which is placed at Ex.C-4.
9. It has been alleged by complainant that this electric connection belongs to Religious Organization and opposite party has issued them a wrong bill dated 24.1.2021 which include unjustified amount of Rs.1139/- as arrears and Rs.23,575/- as tax under sundry charges. It has also been pleaded that they are regularly paying all the electricity bills in time, which varies upto Rs.1200/- normally.
10. Opposite party in their written statement admitted the fact of charging the said amount. It is further pleaded by the opposite party that the amount of Rs.23,575/- charged in the bill dated 24.1.2021 was leftover amount of Tax/ED for the previous period from 8/12 to 5/20 which could not be charged earlier and placed Ex.OP-1 to Ex.OP-7 on record as evidence. Nothing has been explained by opposite party regarding charging of Rs.1139/- as arrears. It has also been pointed out by opposite party that complainant is not the consumer, but the complainant has placed on record a copy of authorization letter duly signed by the President of the Ashram which is placed at Ex.C-1.
11. From the above facts and details of the case, we have observed that the amount charged by opposite party was related to the period of about eight years back i.e. from 8/12 to 5/20 which is charged in 1/21. Opposite party has not placed on record copy of any separate bill cum notice issued to the complainant to charge this amount but it has been charged directly to the regular electricity bill.
12. As per Supply Code Regulation No.30.1.2 "the bill cum notice for arrears in the case of under assessment or the charges levied as a result of checking etc. shall be initially tendered separately and shall not be clubbed with the current electricity bill".
13. Regulation No.32.2 "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".
14. So we are of the opinion that opposite party failed to comply with the above mentioned Supply Code Regulations while charging the said amount which relates to the previous period of about eight years back and hence considered to be unjustified.
15. In view of the above, the present complaint can be best disposed off by giving direction to the opposite parties.
16. Hence the amount of Rs.23,575/- charged in the bill dated 24.1.2021 as sundry charges is hereby set aside. However, opposite parties are at liberty to reassess the chargeable amount in view of the above referred Supply Code Regulations.
17. The above complaint is disposed off accordingly with no order as to costs.
18. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
19. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Naveen Puri)
President
Announced: (B.S.Matharu)
January 18, 2023 Member
*MK*
