Punjab

Gurdaspur

CC/263/2014

Surinder Kumar - Complainant(s)

Versus

P.S.P.C.Ltd - Opp.Party(s)

Rajiv bhatia

12 Feb 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURDASPUR
DISTRICT COURTS, JAIL ROAD, GURDASPUR
PHONE NO. 01874-245345
 
Complaint Case No. CC/263/2014
 
1. Surinder Kumar
S/o sh.Sanjhi Ram r/o Hardochannian Road
Gurdaspur
Punjab
...........Complainant(s)
Versus
1. P.S.P.C.Ltd
through its S.E
Gurdaspur
Punjab
............Opp.Party(s)
 
BEFORE: 
  Sh. Naveen Puri PRESIDENT
  Smt.Jagdeep Kaur MEMBER
  G.B.S.Bhullar MEMBER
 
For the Complainant:Rajiv bhatia, Advocate
For the Opp. Party: Major Som Nath, Adv., Advocate
ORDER

 Complainant Surinder 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 parties to  withdraw the impugned demand of Rs.1,54,810/- raised in bill dated 24.7.2014  being illegal, null and void and to charge the actual consumption from him. Opposite parties be also directed to pay compensation and litigation expenses.

2.       The case of the complainant in brief is that he has got installed an electric domestic connection bearing Account No.3000154325 and is continuously paying the electricity bills. His bimonthly bill was from Rs.3,000/- to Rs.4,000/-. So he is consumer of the opposite parties. He has next stated that in the last year his abovesaid meter was burnt and he deposited Rs.7500/- vide receipt dated 9.1.2013 as fees for change of the meter. After that, no bills were issued for many months by the opposite parties. Then he approached the opposite parties to issue bills for the last months, then the officials told him to deposit Rs.10,000/- for time being and fresh bill will be issued within few days, so he being law abiding citizen deposited Rs.10,000/- as per the instructions of the opposite parties vide receipt dated 20.1.2014. Thereafter no bill has been received by him. The opposite parties issued false, illegal, null and void bill dated 24.7.2014 for Rs.1,54,810/- which is totally arbitrary, unconstitutional and against the provisions of Electricity Act.   He approached the opposite party and requested them to withdraw the impugned demand raised in the impugned bill, but the opposite party refused to admit his claim. 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 by taking the preliminary objections that the complaint is not maintainable in the present Forum. It has been filed without any cause of action. The bill under dispute is issued for the energy consumed by the complainant, the bill is for 711 days and 18751 units. The load of the complaint is 11.240 K.W.H. Keeping in view the load, number of unit consume and the amount of bill, it is a normal bill. There is no illegality in the same. On merits, it was submitted that the meter of the complainant was burnt and was replaced on 16.11.2013 within a week from the date of deposit of fee for the change of meter. Due to some technical snag in the system the bills were delayed. The bills were issued to the complainant from time to time and the complainant had paid Rs.2030/- on 9.1.2013, Rs.7500/- again on 9.1.2013, Rs.10,000/- on 20.1.2014 and Rs.25,000/- on 8.8.2014. The bill dated 24.7.2014 for Rs.1,54,810/- is as per electric energy consumed by the complainant. There is absolutely no illegality in the bill. All other averments made in the complaint have been vehemently denied and prayed for dismissal of the complaint.

4.     Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1, alongwith other documents Ex.C2 to Ex.C4 and closed the evidence.  

5.       Counsel for the opposite parties tendered into evidence affidavit of Er.Dilbag Singh A.A.E. acting as S.D.O. PSPCL Ex.OP-1, alongwith other documents Ex.OP2 to Ex.OP4 and closed the evidence.

6.       We have carefully gone through the pleadings of both the parties; 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 purposes of adjudication of the present complaint.

7.       From the pleadings and evidence brought on record we find that complainant is the holder of electricity connection bearing no.3000154325 in his house and as such he is a consumer of the opposite parties. The complainant has challenged the bill dated 24.7.2014 for Rs.1,54,810/- issued by the opposite parties being false, illegal, null and void and being against the provisions of Electricity Act.

8.       Whereas the opposite party has submitted that the bill under dispute is issued for the energy consumed by the complainant. The bill is for 711 days and 18751 units. The load of the complainant is 11.240 KW and as per the load, number of units consumed and the amount of bill, it is just a normal consumption bill. There is no illegality in raising of such bill.

9.           We find that there is no deficiency in service on the part of the opposite parties. However, a consumer has a right to know what he is paying and why he is paying, as such, we dispose off this complaint with the directions to the opposite parties to give a detailed notice to the complainant giving all details of calculation of the impugned amount and the rules under which this demand is raised within a period of 30 days from the receipt of copy of orders and the complainant is directed to pay the same to the opposite parties.

10.     Copy of the order be communicated to the parties free of charges. File is ordered to be consigned to the record room.             

                                                           

                                                                   (Naveen Puri)

                                                                        President

 

ANNOUNCED:               (G.B.S.Bhullar)             (Jagdeep Kaur)

February 12 2015.                      Member                                Member.

*MK*               

 
 
[ Sh. Naveen Puri]
PRESIDENT
 
[ Smt.Jagdeep Kaur]
MEMBER
 
[ G.B.S.Bhullar]
MEMBER

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