Complainant Shamsher Singh 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 parties to rectify the bill in question dated 27.08.2018 and also directed to issue new bill as per average basis or actual consumption. Opposite parties be further directed to pay Rs.10,000/- on account of mental harassment  and torture alongwith Rs.10,000/- as litigation expenses, in the interest of justice.

2.       The case of the complainant in brief is that his father Raghbir Singh  had installed a domestic electric meter in his house bearing Account No.G 455 F 730996W. His father died and after his death at present he is using the abovesaid connection and paying electricity bills regularly to the opposite parties without any default. He has further pleaded that his average electricity bill used to come between Rs.6,000/- to Rs.7,000/- in summer season and Rs.1500/- to Rs.2500/- in winter season.  He has next pleaded that in the month of May 2018 his abovesaid electric meter was burnt and the electricity bill dated 18.06.2016 amounting to Rs.7,069/- which was based on average basis of consumption. He approached the opposite party no.3 and deposited Rs.520/- on 28.05.2018 vide receipt No.SF73/0996 for installation of new electric meter. He has next pleaded that he received electricity bill amounting to Rs.18,962/- dated 27.08.2018 wherein consumption was shown as 2207 units but in fact the new electric meter showing the units as 360 on 27.08.2018. On 30.8.2018, he approached the opposite party no.3 and requested him to rectify the electricity bill in question as the same is issued by showing the 2207 units consumption which is totally wrong as per the actual meter reading but all in vain. On 7.09.2018, a legal notice was issued to the opposite parties. The opposite party while submitting their reply to the legal notice wrongly held that the complainant consumed 946 units in the month of August 2017 when the load was 1.31 KW, so the opposite parties wrongly assessed the load of August by calculating 70 days and total units as per average 2207 which is completely wrong and illegal and  not recoverable from him.  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 complaint filed  by the complainant is vexatious one and deserves to be dismissed with special cost as complainant has not been charged anything else than consumption charges. On merits, it was submitted that originally electricity connection was in the name of Raghbir Singh son of Ram Singh who died. The bill dated 18.6.2018 for Rs.7069/- was based on consumption charges of 680 units. It was correct that the complainant deposited Rs.520/- with opposite party as cost of burnt meter. It was next submitted that the actual load of complainant was 1.31 KW. Vide LCR No.87/1602 dated 12.5.2018, the load was enhanced to 2.62 KW. The defective meter of complainant was changed and complainant was charged on the basis of average charges based on 2.62 KW as per the average consumption of the corresponding previous years. This bill was for 70 days and the previous year consumption of the corresponding month i.e. 8/17 for 57 days and payment of electricity bills.  The consumption of the complainant in 8/17 was 899 units for 57 days. They lastly prayed that the complaint may be dismissed with special costs.   

4.       Alongwith the complaint, complainant has filed his own affidavit Ex.C1/A alongwith other documents Ex.C-1 to Ex.C-6.

5.      Alongwith the written statement the opposite parties filed affidavit of Sh.Kasturi Lal SDO PSPCL Ex.OP-1 alongwith other documents Ex.OP-2 and Ex.OP-3.

6.       Written arguments have not been filed by the parties.

7.      We have carefully gone through the pleadings of counsel 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 parties for the purposes of adjudication of the present complaint.

8.     In the present complaint, main dispute is regarding issue of a inflated electricity bill dated 27.8.2018 amounting to Rs.18,962/- by opposite party which is placed at Ex.C-2. It is alleged by complainant that electricity bill in dispute has been issued for 2207 units whereas his normal consumption is quite less. It has been requested so many times to opposite party to rectify it but it has not been rectified so far.

9.      Opposite parties in their written reply stated that the bill in question is issued after replacement of defective/burnt meter on the average basis as per rules and regulations of Department. It is further pleaded that load of the premises of the complainant has also been increased from 1.31 KW to 2.62 KW, hence the average consumption is increased.

10.     During the course of arguments by ld.counsels of both the parties, it has also been brought out that the Government of Punjab/Electricity Department has already issued instructions regarding waiver of all the arrears of electricity bills of domestic connections pending prior to 31.12.2021.

11.     So in view of Commercial Circular No.21/2022 dated 3.8.2022 issued by PSPCL Patiala with the subject "regarding waiving of pending arrears as on 31.12.2021 of all domestic consumers", wherein it has been  stated that

          "ït has been decided to waiver of the pending arrears as on         31.12.2021 and not paid upto 30.6.2022 of electricity bills of all      domestic consumers running/disconnected, using electricity for       residential purposes only”.

12.   Hence, we are of the opinion that the disputed electricity bill in the present case is of the period upto 8/2018 which is prior to 31.12.2021 and belong to domestic category and as per statement of opposite party, it is based on the consumption of electricity. So the above Commercial Circular is equally applicable to the electricity bill of the complainant in dispute and deserve the waiver of amount of the electricity bill in dispute.

13.    So the present complaint can be best dispose off by giving directions to the opposite party.

14.        Opposite party is hereby directed to waive  off the amount of electricity bill dated 27.8.2018 in dispute in view of the Commercial Circular No.21/2022 within 60 days from the receipt of copy of this order.

                 The present complaint is disposed off accordingly with no order as to costs.

15.        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.

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

                (Naveen Puri)

                                                                                President   

Announced:                                                        (B.S.Matharu)

September 23, 2022                                                 Member

*MK*