DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.<br /> <br /> Complaint No.96 of 8.3.2007<br /> Decided on: 18.2.2008<br /> <br /> Gursharan Singh r/o H.No.265, Ghuman Nagar, Gali No.5, Sirhind Road, Patiala.<br /> <br /> -----------Complainant<br /> <br /> Versus<br /> 1. Punjab State Electricity Board, Patiala through its Secretary.<br /> 2. The Assistant Executive Engineer/DS (North) Sub Division, Punjab<br /> State Electricity Board, Patiala.<br /> <br /> <br /> <br /> ----------Opposite parties.<br /> <br /> Complaint under Sections 11 to 14 of the<br /> Consumer Protection Act.<br /> <br /> QUORUM<br /> <br /> Sh.Inderjit Singh, President<br /> Smt.Paramjit Kaur, Member<br /> <br /> Present:<br /> For the complainant: Sh.S.K.Kaushal, adv.<br /> For opposite parties: Smt.Puja Puri, adv.<br /> <br /> ORDER<br /> <br /> SH.INDERJIT SINGH, PRESIDENT<br /> <br /> Complainant,Gursharan Singh has brought this consumer complaint under Sections 11 to 14 of the Consumer Protection Act,1986 as amended up to date ( hereinafter referred to as the Act) against the opposite parties fully detailed and described in the head note of the complaint.<br /> 2. As per averments made in the complaint the case of the complainant is like this;<br /> That the complainant is holding the electric connection No.SR31/0084 installed in the residential premises of the complainant under the opposite party No.2.That the complainant is regularly paying the electricity bills to the opposite parties within due date as received from the opposite parties. That now the complainant has received energy bill for the period from 29.11.2006 to 29.1.2007 amounting to Rs.19,410/- in which an amount of Rs.822/- has been charged as arrear, but no detail of the arrears has been assigned or intimated to the complainant. That the complainant deposited the following amounts against the energy bill received from the opposite parties:-<br /> Sr.No. Bill cycle amount of bill deposite<br /> 1. 9-11/2005 1860/- 1860/-<br /> 2. 11-1/2006 3380/- 3380/-<br /> 3. 1-3/2006 4660/- 4460/-<br /> 4. 6-8/2006 6017/- 6017/-<br /> 5. 8-10/2006 5051/- 5051/-<br /> 6. 10-11/2006 9119/- 9119/-<br /> But surprisingly the complainant received the bill for the period from 29.11.2006 to 29.1.2007 amounting to Rs.19,410/- with arrears of Rs.822/-.That there was no consumption during this period neither there was any function or it was summer season and as such the meter of the opposite parties might be faulty, which needs to be checked and replaced. That the complainant is totally unable to deposit the excess amount charged in the bill and as such the demand made in the bill is illegal ,null and void. That the complainant had been making requests to the opposite parties in this respect, but all in vain and as such the complainant is being harassed and is not being provided proper service. As such he is entitled for compensation of Rs.10000/-.<br /> 3. Notice of the complaint was given to the opposite parties who appeared and filed the written reply contesting the claim of the complainant. The complainant is well aware of the fact that the amount of Rs.822/-relates to surcharge amount and the same has been charged as the complainant has failed to deposit the current electricity bill amounting to Rs.14,170/- within the stipulated period i.e. upto 2.1.2007 and in case he fails to deposit the amount before the due date then he would be liable to surcharge amount of Rs.822/- as was fully described in the electricity bill. The complainant had not deposited the amount before the due date i.e.2.1.2007 and has become liable to make the payment of Rs.822/- as surcharge. The allegations of the complainant that no detail has been shown in the electricity bill is absolutely false. The complainant has not correctly shown the dates i.e. the date to which period the electricity bill relates, the date of noting the reading , the date on which the bill amount is payable. However, it is specifically stated that the electricity bill for the period, whose reading was taken on 29.11.2006 was issued on 18.12.2006 to the complainant which was payable by 2.1.2007 through cheque.The complainant has failed to make the payment of the amount upto 2.1.2007 of the said electricity bill amounting to Rs.14170/- and it was already mentioned in the said bill that in case he fails to make the payment of the amount within the said period or on/before 2.1.2007 that he would be liable to make the payment of Rs.822/-as surcharge. The said amount has been charged in the next energy bill of the consumer. The complainant has filed the present complaint in respect of the said surcharge amount of Rs.822/- and this Forum had granted the stay orders vide this Forum order dated 9.3.2007, the concerned office of the Board has decided not to take any action against the consumer in respect of the said amount of Rs.822/-till the decision of the complaint by this Forum. However, the complainant has failed to make the payment of the current electricity bill amount of Rs.<br /> which was payable on 5.3.2007.The said connection was disconnected vide T.D.C.O. dated 14.3.2007 due to non payment of the current electricity bill amounting to Rs.18588/-However, the same was reconnected as the complainant has agreed to deposit the amount in installment. The correct meter reading has been recorded by the mete reader. It is denied that the meter of the opposite parties is faulty. The demand of the board is absolutely legal. It is denied that the complainant is being harassed. It is denied that the complainant is liable for any compensation. All other averments made in the complaint have also been denied and have prayed that complaint be dismissed.<br /> 4. In order to prove his case the complainant tendered in evidence his affidavit,Ex.C1, receipts,Exs.C2 to C5 and photo copies of bills,Exs.C6 to C9.<br /> 5. In rebuttal the opposite parties tendered in evidence affidavit of Er.Gurcharan Singh Pannu,SDO,Ex.R1, application by the complainant,Ex.R2 and details,Ex.R3.<br /> 6. The parties filed written arguments. We have gone through the same and have also heard the learned counsel for the parties.<br /> 7. The learned counsel for the complainant has contended that the complainant received energy bill for the period from 29.11.2006 to 29.1.2007 amounting to Rs.19410/-,Ex.C9 in which an amount of Rs.822/- has been charged as arrears but no detail of the same has been intimated to the complainant despite repeated visits. He has further contended that there was no consumption during this period neither there was any function or it was a summer season and as such the meter of the opposite parties might be faulty which needs to be checked and replaced. The demand raised by the opposite parties is totally unjustified and illegal.<br /> 8. On the other hand the learned counsel for the opposite parties has contended that the complainant was issued an electricity bill of Rs.14170/- which was payable up to the period 2.1.2007 in which it was mentioned that the consumer shall be liable to make the payment of Rs.822/- as surcharge if the consumer failed to make the payment within the stipulated period i.e.upto 2.1.2007.As the consumer has not deposited the amount within the stipulated period i.e. upto 2.1.2007 so he has become liable to make the payment of surcharge of Rs.822/-.The details of the bill have been specifically shown in the bill for the said month. The said bill in dispute was issued on 28.12.2006.The reading was noted by the meter reader on 18.12.2006.The same was payable upto 2.1.2007 through cheque.The said bill was for the consumption of units as fully described in the bill. She has further contended that the amount of Rs.5021/-out of the said bill of Rs.14170/- was as arrears of electricity as has been fully described in Ex.R3.She has further contended that the complainant has also failed to make the payment of current electricity charges bill amounting to Rs.19410/-+Rs.1674/-totalling Rs.21084/- which was payable on 5.3.2007.She has further contended that the connection of the consumer was disconnected due to non payment of the electricity charges bill amount of Rs.18588/- as the amount of Rs.822/- was kept pending due to the orders of this Forum. So there is no illegality in raising the demand of Rs. In the current electricity bill. There is no deficiency in service on the part of the opposite parties.<br /> 9. We have considered the rival contentions of the learned counsel of the parties.<br /> 10. Admittedly the complainant received energy bill for the period from 29.11.2006 to 29.1.2007 amounting to Rs.19410/- in which an amount of Rs.822/- has been charged as arrears. According to the opposite parties the bill was issued on 28.12.2006 whose reading was taken on 18.12.2006 and the same was payable on 2.1.2007 through cheque.The complainant failed to make the payment upto 2.1.2007 of the said electricity bill amounting to Rs.14170/-<br /> 11. The perusal of the details of the bill,Ex.R3, shows that the amount for 11/2006 the arrear amount was 5051/- and the current bill was of Rs.9119/- totaling Rs.14170/-.This amount was to be paid upto 2.1.2007.The consumer was liable to make the payment of Rs.822/- as surcharge if the complainant failed to make the payment within the stipulated period i.e.upto 2.1.2007.The details further show that Rs.14170/- were paid on 16.1.2007.Thus, the consumer was liable to make the payment of Rs.822/- as surcharge as he failed to deposit the amount of the bill within the stipulated period. The detail further shows that on 1/2007 the beginning amount of Rs.822/- and the current bill was of Rs.18588/- and it was payable upto 5.3.2007 and in case the consumer failed to make the payment within the stipulated period i.e.5.3.2007 then it carried a surcharge of Rs.1674/-.The detail further shows that no amount was paid by the consumer. Thus an amount of Rs.21084/- was payable by the consumer. The detail of the bill further shows that in March/2007 the beginning amount was 21084/- and the current bill was of Rs.7856/- and it was payable upto 4.5.2007 and in case the consumer failed to make the payment within the stipulated period then it showing a surcharge of Rs.708/-.The detail shows that the consumer deposited Rs.14610/-out of Rs.21084/- on 2.5.2007.So disputed amount of Rs.822/- is regarding the surcharge as the consumer failed to deposit the bill within the stipulated period i.e. 2.1.2007.This,we hold that the amount being recovered from the complainant was regarding the actual consumption.<br /> 12. In the result we hold that there is no deficiency in service on the part of the opposite parties. The complaint merits dismissal and is dismissed accordingly. However, under the circumstances, parties are left to bear their own costs. Copy of this order be sent to the parties as per rules.<br /> File be consigned to the record.<br /> Pronounced.<br /> Dated:18.2.2008.<br /> <br /> President<br /> <br /> <br /> Member<br /> <br /> <br />