Complainant Sanjeev Kumar has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party with prayer their in the electricity bills dated 16.4.2016 for Rs.5290/-, dated 14.05.2016 for Rs.3490/-, bill dated 13.06.2016 for Rs.5690/- and bill dated 25.7.2015 for Rs.9280/- may be quashed and set aside alongwith other relief which he may be found entitled to.

2.        The case of the complainant in brief is that he has installed an electric connection in his house for domestic purpose bearing Account No.G56GP590787K and his sanctioned load is 15.16 KW.  The opposite party had sent electricity bills dated 16.4.2016 for Rs.5290/-, dated 14.05.2016 for Rs.3490/-, bill dated 13.06.2016 for Rs.5690/- and bill dated 15.7.2015 for Rs.9280/- to him which are patently wrong as he has been wrongly charged Rs.9407/- as power factor in impugned bills. He had already filed complaint no.170 of 2012 directing the opposite parties to get his electric meter checked from M.E.Lab which was decided on 13.6.2012 but instead of obeying the orders of the Ld.Forum, the opposite parties had sent impugned bills without rectifying the bills in dispute and issuing bills for highly excessive amounts.  To execute this order he had filed execution no.04 of 1.2.2013 before this Ld.Forum and during the pendency of the execution his meter was checked in the M.E.Lab Gurdaspur on 26.2.2013 in his presence and his meter was found correct, accordingly amount was overhauled and an amount of Rs.57,941/- was deducted from an amount of Rs.92,591/- from his account as per the rules and regulations of the opposite parties. The Ld.Forum vide its order dated 13.6.2013 observed that Rs.57,941/- have been deducted from the aggregate amount of bills i.e. Rs.92,591/- drawn upon him and he is liable to pay Rs.37,863/- only for the disputed period. Thus the Ld.Forum had given direction to replace the defective meter and overhaul the above stated bills, but they had wrongly charged Rs.9407/- as Power factor and charged huge amount which is not as per actual consumption of the meter just to harass him. He has asked the opposite party to withdraw these bills as the same are illegal but of no avail. Hence this complaint.

3.       Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply by taking the preliminary objections that the present matter pertains to assessment of charges as such Hon’ble Forum has got no jurisdiction to try and entertain present complaint. On merits, it was submitted that the present matter was entirely different from previous matter. Electric connection of the complainant was commercial connection bearing account No.G56GP 590787K. As per rules of the department power factor which was to be provided by every consumer is 0.90. In order to maintain said power factor complainant had installed shunt capacitor of appropriate capacity to maintain said power factor. It was the duty of every consumer to maintain said power factor by installing shunt capacitor of appropriate capacity in like commercial connections. If at the time of taking reading of meters of any consumer it was found that power factor of the shunt capacitor had not been maintained then as per power  which was shown by equipment of consumer bills of power consumption were prepared and power factor surcharge was demanded accordingly. In the instant case at the time of taking reading of the meters of complainant in the months of 54/2016, 6/2016 and 7/2016 power factor was not maintained by complainant and same was 0.71, 0.40 and 0.22 in respective months, which was quite less, and accordingly power factor surcharge had been calculated and demanded from complainant. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.            Complainant tendered into evidence his own affidavit Ex.CW-1/A, alongwith other documents Ex.C1 to Ex.C10 and closed the evidence. 

5.          Sh.Pritpal Singh S.D.O. of opposite parties tendered into evidence his own affidavit Ex.OP-1 alongwith other document Ex.OP2 and closed the evidence.

6.           We have duly heard the learned counsels for both the sides in the back drop of the legally applicable merit of the supporting evidence/ document(s) as produced by the litigating parties in order to statutorily resolve the inter-se dispute (in accordance with the provisions of the Consumer Protection Act’ 1986) prompting the present complaint. We find that the complainant has been a long time consumer of the opposite party service provider/corporation being the valid holder of Commercial Connection # G56GP590787K and has filed the instant complaint for statutory redressal of his grievance at the ‘power factor’ surcharge amounting to Rs.9,407/- unceremoniously added to his last ‘4’ nos of consumption Bills for the months of April’ 2016 to July’ 2016. The evidentiary documents as produced by the complainant satisfactorily and sufficiently prove the complaint-raised allegations. Upon approach, the OP service providers instead of explaining the impugned excessive amount of the Bills did threaten to recover the same through coercive means such as disconnection of supply etc and carrying over the disputed amount to the next Bills and that prompted the present complaint.

7.       However, the opposite party corporation (service providers) have refuted all the allegations vide its written statement and has further deposed (vide its affidavit Ex.OP1) of the consumer’s liability to maintain the supply power factor level through installation of an appropriate ‘capacitor’ but somehow in the instant case the power supply Power Factor dropped-down from its requisite level of 0.9 and that attracted the demanded ‘surcharge’ as exhibited out in the related consumption Bills that otherwise have been legal and valid. We do also somewhat find the instant explanation as made out by the opposite party service providers/ corporation to be quite satisfactory and legally valid. Moreover, the demand as put forth upon the complainant for payment of the impugned Bill by the opposite party corporation has been a matter of routine and also in accordance with the legally accrued amounts as per the Sales & Distribution of Electricity Rules & Regulations. 

8.       In the light of the all above, we are of the considered opinion that the present complaint shall be best disposed of by directing the opposite party # 4 to respectfully summon the complainant to his office and patiently explain to him the technical aspects of power-factor and the valid logic behind the levying of ‘surcharge’ to recover the PF Losses etc within a period of 15 days of receipt of the copy of these orders and the complainant in turn is further directed to pay out all his balance outstanding Bills within 15 days of getting clarifications to his queries at the  at hands of the opposite party service providers. In the meantime, the complainant shall however remain liable to pay all his accrued charges for his actual consumption on regular basis. 

9.        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,27 2016                                                                     Member

*MK*