Complaint No: 172 of 2021.

     Date of Institution: 19.07.2021.

             Date of order: 05.10.2023.

Satpal Son of Sh.Des Raj, Resident of Village Nawan Naushehra, P.O Pull Tibri, Tehsil and District Gurdaspur.

                                                                                                                                                .....Complainant.

           VERSUS

1.       Punjab State Power Corporation Limited, The Mall Patiala, through its Chief Managing Director.

2.       Punjab State Power Corporation Limited, through its S.D.O, Sub - Division Purana Shalla, Tehsil and District Gurdaspur.

                                                                                                                                              .....Opposite parties. 

                                                        Complaint u/s 35 of the Consumer Protection Act.

Present: For the Complainant: Sh.U.R.Sharma, Advocate.

   For the Opposite Parties: Sh.S.S.Saini, Advocate.

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

ORDER

Bhagwan Singh Matharu, Member.

          Satpal, 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 has installed electric meter in his house bearing A/C No.G49PF351922K and consume the electricity from the above said account and regularly paid the electricity charges and never defaulted in payment of electricity charge. It was submitted by the complainant that the electric meter is installed outside the house at some distance in a box locked from outside and the key always remained with the officials of OP’s. The electric meter of the complainant is OK and no fault occurred in it. The electric meter of the complainant was never replaced by the OP’s in the presence of the complainant. It was further pleaded that the OP’s issued bill to the complainant on 04.07.2020 amounting to Rs.6,240/- and on 04.09.2020 amounting to Rs.2,620/- and then the OP’s issued bill in November, 2020 amounting to Rs.2,710/- and the complainant paid all the bills to the OP’s vide proper receipts. It was further alleged that the OP’s issued bill to complainant on 13.07.2021 amounting to Rs.9,370/- which is in excess and not as per the actual consumption charges consumed by the complainant and the complainant approached the OP’s and requested them to explain the Bill dated 13.07.2021, but the OP’s refused to explain the same and threatening to recover the above said amount from the complainant under the threat of disconnect of electric connection of the complainant. It was further alleged that the bill dated 13.07.2021 issued by the OP’s to the complainant is illegal, null and void, against the law and not according to the consumption of the complainant and complainant is not liable to pay the same. 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 the electricity bill dated 13.07.2021 and restraining the opposite parties from disconnecting the electric connection of the complainant till the pendency of the complaint. The opposite parties may be further burdened with compensation of Rs.50,000/- on account of physical harassment, mental agony and causing financial loss to the complainant, 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 complaint filed by the complainant is not maintainable; that the complainant has got no locus standi to file the present complaint; as the complainant has filed a false, frivolous and vexatious complaint by concealing the true facts from this Hon'ble Court and as such the complainant is liable to be burdened with special costs. It was pleaded that the complainant was fully apprised regarding the amount added in the bill dated 13.07.2021 and no threat was ever issued to the complainant by the OP’s as alleged in this complaint. It was further pleaded that the electric meter of the complainant was replaced vide MCO No. 15/11210 dated 06.08.2020 effected on 10.08.2020 by JE Sarwan Singh and reading of the meter was 6991 Units when it was removed in the presence of complainant. Thereafter, meter was sent to ME Lab vide Store Challan No.16 dated 31.03.2021, and checked in the ME Lab. by Sh. Arun Dogra, S.D.O ME Lab, Sh. Gagandeep S.D.O PSPCL Purana Shalla and Kuljit Pal, JE, PSPCL Purana Shalla. It was further pleaded that Billing as per ledger was 6091 Units; whereas when the meter was replaced, actual meter reading was 6991 Units.  As such an amount of Rs.6,740/- for 900 Units was demanded from the complainant vide notice No. 358 dated 06.04.2021, but the complainant failed to pay the same. Hence the above mentioned amount was added in the current bill of the complainant. It was further pleaded that the complainant has filed the present complainant by concealing all the above mentioned facts with sole motive to avoid payment of legally and rightly demanded amoun and as such he is not entitled to any relief from this Ld. Commission. It was further pleaded that the bill in question issued by the opposite parties is legal, valid, and genuine, according to the consumption made by the complainant.

          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 tendered into evidence affidavit of Satpal, (Complainant) as Ex.CW-1/A alongwith other documents as Ex.C-1 to Ex.C-7.

5.       Learned counsel for the opposite parties has tendered into evidence affidavits of Sh. Gagandeep Singh, (S.D.O, P.S.P.C.Ltd, Sub – Division Purana Shalla, Gurdaspur) as Ex.OP-1/A, Sh. Sarwan Singh, (J.E, P.S.P.C.Ltd, Sub- Division Purana Shalla, Gurdaspur) as Ex.OP-2/A and Sh. Arun Dogra, (S.D.O, P.S.P.C.Ltd, Sub – Urban, Gurdaspur) as Ex.OP-3/A alongwith other documents as Ex.OP-1 to Ex.OP-4.

6.       Rejoinder 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.       As detailed above the present complaint was filed by the complainant to challenge the electricity bill dated 13.07.2021 amounting to Rs.9370/- as Ex.C7 issued by the opposite parties bearing A/c No. G49PF351922K. It has been alleged by the complainant that the bill in dispute was excessive not as per consumption charges and illegal. Complainant further prayed to withdraw the disputed bill dated 13.07.2021.

10.     Opposite parties in their written reply denied all the allegations and stated that the electricity bill was issued by adding the amount related to difference of units which was duly intimated to the complainant vide their notice No.358 dated 06.04.2021 placed at Ex.OP-3 before its addition to the bill in question.

11.     It was further pleaded by the opposite parties that as per Ex.OP-1 meter of the complainant was replaced on 06.08.2020 and checked in M.E. Lab. on 31.03.2021 (Ex.OP-2) and thereafter the difference of 900 units as per latest reading of the meter was charged being actual consumption of electricity by the complainant.

12.     During the course of arguments it has been pleaded by the counsel for the complainant that the electricity bill was illegal and unjustified whereas counsel for the opposite parties claimed it to be legal and genuine.

13.     Further, Assistant Revenue Account (ARA) of the sub Division Purana Shalla had suffered a statement on behalf of opposite parties on 27.09.2023 that the electricity bill in question had already been deposited by the complainant on 23.07.2021 and as of now there is nothing due towards the complainant as per latest electricity bill dated 27.07.2023, the balance amount is in negative i.e. Rs.-50/-.

14.     In view of the above facts and circumstances of the case we have seen that the complainant has already paid the bill in dispute of its own during the pendency of the case without bringing it to the notice of this Commission and further more there is nothing due towards the complainant as of now. Hence, this Commission is of the considered opinion that the present complaint has already been got resolved by the complainant himself so that is nothing to consider it on merit at this stage.

15.     In view of the aforesaid discussion the present complaint is hereby dismissed and application if any pending in this case is also disposed off accordingly. No order as to costs.          

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

17.     Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                          

      (Lalit Mohan Dogra)

                                                                                  President  

Announced:                                               (B.S.Matharu)

Oct. 05, 2023                                                     Member

YP.