New Complaint No.241 of 2023.                                              

                                                   Date of Institution:27.10.2023.

                                                  Old Complaint No:315 of 2018.

                                                      Date of Institution: 20.07.2018.

                                                               Date of order:07.02.2024.

Shamsher Singh Son of Sewa Singh, resident of Japuwal, Tehsil and District Gurdaspur.

                                                                                                            .....Complainant.

                   VERSUS

1.       Punjab State Power Corporation Ltd., Gurdaspur, Sub Division Dhariwal, District Gurdaspur, through its S.D.O.

2.       Punjab State Power Corporation Ltd., Gurdaspur, through its Executive Engineer.

                                                                                                  …....Opposite parties.  

                       Complaint U/S 12 of Consumer Protection Act.

Present: For the Complainant: Sh.G.S. Maan, Advocate.

              For the Opposite Parties: Sh.Bishwajeet Uppal, Advocate.

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

ORDER

Bhagwan Singh Matharu, Member.

          Shamsher Singh, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 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 was having a domestic electric Connection No. SF/67/0535 and availing the services of the opposite parties as such the complainant is the Consumer of the opposite parties. It was pleaded by the complainant that he has started a Tuition Centre adjoining to his house in his own land in the month of June, 2017. The complainant being a law abiding citizen moved an application dated 08.05.2017 to change the nature of connection from domestic to commercial one with the S.D.O. PSPCL, Dhariwal before starting the tuition centre. It was further pleaded that the concerned officer i.e. S.D.O. PSPCL allowed the application of the complainant and told the complainant that they have to remove the electric meter installed in the house premises to some other point and for that the complainant has to deposit the requisite additional fee for the change of category and line charges which the complainant as per the demand raised by the opposite parties deposited Rs.1200/- vide receipt No. 133 dated 11.05.2017. After paying the requisite fee, the opposite parties changed the nature of the electric connection of the complainant i.e. from Domestic to Commercial one. It was further pleaded that after depositing the requisite fee, the opposite parties shifted the electric meter from the house of the complainant on the pole erected in the land of the neighbourer. After shifting the electric meter, the meter was burnt due to mishandling and negligence of the PSPCL Staff who shifted the meter and was replaced without informing the complainant. The opposite parties issued two bills of electricity consumption on average basis to the complainant for the period of 4 months. The complainant paid the claimed amount i.e. Rs.3,090/- on dated 03.08.2017, Rs.5,230/- on dated 03.10.2017. It was further pleaded that as the premises of tuition center is around 10/15 meters away from the house of the complainant, but after changing the status of meter from domestic to commercial, the electric meter was shifted from the house of the complainant to the Pole, erected on the land of neighbourer by the opposite parties and the officials of PSPCL laid a cable from the said meter to the tuition center of the complainant as per supply manual. After that the complainant paid the electric consumption bills regularly as Commercial Supply without making any default. It was further pleaded that on 25.05.2018, staff of the opposite parties came to the house of the complainant in his absence and introduced themselves as officials of PSPCL Dhariwal to father of the complainant who is a paralytic patient for the last 8/9 years and was lying on bed in the Verandah of the house and asked him to sign on a book. On inquiring by the father of the complainant, the officials of the opposite parties made an excuse that they want his signature to show to the PSPCL that have visited the premises as an evidence as earlier the officials of PSPCL Dhariwal has changed the meter and had not obtained owner’s signature and now they have to show their visit in the record of PSPCL, but to the utter surprise of the complainant, the complainant received a notice dated 12.06.2016 issued by the opposite parties vide Memo No. 1509 that underground P.V.C. Cable measuring 60 meters was laid to supply the electricity from the meter to the tuition premises / center and raised illegal demand of Rs.13,286/- which is to be deposited by the complainant for the illegal use of electricity to the Tuition Centre. It was further pleaded that the complainant was shocked after receiving the illegal demand notice because he had already paid the entire differences requisite for changing the category from Domestic to Commercial and line charges. It is pertinent to mention here that vide letter dated 12.06.2018, the opposite parties made allegations against the complainant that the complainant is using electricity by lying 60 meters PVC wire from his house to the tuition center. As a matter of fact the opposite parties have given a supply connection from the pole to the tuition center and the complainant is receiving the electricity bills of the tuition center separately from house domestic connection which is used by the brother of the complainant and wire supply is open. It was further pleaded that the complainant approached the opposite parties and tried to enquire about the same and put his version before the concerned officials, but the opposite parties turned off the request of the complainant on the pretext that the checking has been made by the Enforcement Staff, Batala and the demand has been raised on the instructions of the Enforcement Staff, Batala and not by us, so we cannot withdraw the demand of Rs.13,286/-. It was further pleaded that the opposite parties vide their letter dated 12.06.2018 again demanded test report for the tuition center, but it is pertinent to mention here that the complainant submitted test report before getting the category of the connection changed from domestic to commercial. The opposite parties never convert the category without getting the test report from the consumers. It was further pleaded that raising of illegal demand of Rs.13,286/- is unfair trade practice and deficiency on the part of the opposite parties. The opposite parties are also threatening to penalize the complainant in future also till the deposit of illegal demanded amount. It is further pleaded that 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. It is further pleaded that 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 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 their illegal demand of Rs.13,286/- and also not to penalize the complainant in future as the complainant has already paid the charges for the change of electric connection category from Domestic to Commercial. The opposite parties may also be burdened with compensatory costs to tune of Rs.50,000/- along with interest from the date of issue of letter dated 12.06.2018, on account of causing mental and physical harassment to the complainant alongwith litigation expenses of Rs.20,000/-, in the interest of justice. Any other appropriate order as this Ld. Commission may deem fit, be passed in favour of the complainant as fair play.

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 in the present form and the complainant has got no locus standi to file the present complaint. It is further pleaded that the complainant has filed a false, frivolous and vexatious complaint by concealing the true facts from this Hon'ble Commission and as such the complainant is liable to be burdened with special costs and complaint of complainant is liable to be dismissed. It is further pleaded that the fact of matter is that the electric connection of the complainant was checked on 25.05.2018 in the presence of his father and during the checking it was found that the complainant was using electricity un-authorizedly by putting about 60 meters underground PVC wire from his house to his school / tuition center. In this way, the complainant was making unauthorized use of electricity. The checking was conducted in the presence of the father and other family members of the complainant which was duly signed by father of the complainant. Thereafter, demand of Rs.13,286/- was rightly and legally raised by the opposite parties vide memo in question. It was further pleaded that the complainant is fully aware about the above mentioned facts, but he has filed the present complaint by concealing all the above mentioned facts. The demand raised by the opposite parties is legal, genuine, according to rules and instructions on the subject and the complainant is bound to make payment of the same. It was further pleaded that there is no deficiency of any sort on the part of the opposite parties. Neither any threat has been issued to the complainant by the opposite parties, nor the complainant has suffered mentally and physically harassed as alleged in this complaint.

          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 filed Self-Attested affidavit of Shamsher Singh, (Complainant) alongwith Self-Attested documents as Ex.C-2 to Ex.C-17.

5.       Learned counsel for the opposite parties has filed documents as Ex.OP-1 to Ex.OP-2 alongwith reply.

6.       Rejoinder not 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 complainant in the present complaint challenged the notice No.1509 dated 12.06.2018 which is marked as  Ex.C15 having issued by the opposite party No.1 alleging that the demand of Rs.13,286/- raised by the opposite party is illegal and prayed to withdraw the illegal demand.

10.     It was pleaded by the complainant that he was having domestic electric connection bearing No.SF/67/0535. As per Ex.C2 the complainant has submitted an application on 08.05.2017 to opposite party No.1 with the request to change its category to commercial supply as he wants to use it as commercial purpose. Complainant deposited the requisite amount vide copy of receipt at Ex.C3. The electricity bills placed as Ex.C7 to Ex.C10 by the complainant also shows that the category as commercial supply (CS). As per notice of opposite party No.1 Ex.C15 the amount of Rs.13,286/- is shown charged for running a school at 60 meters from the house but the opposite parties have not mentioned any regulation under which the notice has been issued.

11.     Opposite parties in their written statement denied all the allegations and stated that the amount has been charged vide above referred notice in compliance to the checking of the Enforcement dated 05.06.2018 as per Ex.OP-1.

12.     It is seen from the checking report Ex.OP-1 that the checked load is within the limit of sanctioned load and the category is also mentioned as commercial supply (CS). At the bottom of the report it is mentioned in the comments to call for explanation of the delinquent officials who released the connection and nothing has been mentioned to charge any amount to the consumer.

13.     The fact of the case as detailed above reveals that opposite parties have not quoted reference of any regulation of the department under which the amount was to be charged. In the written statement it is mentioned that it was unauthorized use but in the notice issued to the complainant it is mentioned that the complainant was running a school at the distance of 60 meters from the house and asked the complainant to remove the load and submit the test report otherwise case of U.U.E. shall be prepared this shows that the amount mentioned in the notice is not meant for U.U.E.(Unauthorised use of electricity).

14.     Hence, we are of the considered opinion that opposite parties have failed to prove with the cogent evidence the issue of the notice demanding Rs.13,286/- from the complainant. As such this notice is considered to be null & void.

15.     Accordingly, present complaint is partly allowed and notice issued by the opposite parties No.1 vide memo No.1509 dated 12.06.2018 for recovery of Rs.13,286/- is hereby set aside. No order as to costs.

16.     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.

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

                               (Lalit Mohan Dogra)

                                                                         President

Announced:                                          (B.S.Matharu)

Feb. 07, 2024                                                Member

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