BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT.

Complaint No. : 19

Date of Institution : 25.1.2010

Date of Decision : 22.4.2010

Pritam Singh aged about 65 years S/o Lachhman Singh, resident of Bambiha Bhai District Moga.

...Complainant

Versus

1. Punjab State Electricity Board through its Chairman PSEB, The Mall, Patiala.

2. Assistant Executive Engineer (DS), Sub Division, PSEB, Bargari.

...Opposite Parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

Quorum: Sh. Ashok Kumar President

Smt. D.K. Khosa Member

Dr. H.L. Mittal Member

Present: Sh. Ranjit Singh counsel for the complainant.

Opposite parties exparte.

ORDER

Complainant has filed the present complaint against the opposite parties for charging the amount of Rs. 32,186/- charged in the bill issued on 15.2.2009 to him in respect of Account No. BB 24/0363 and for directing the opposite parties to withdraw the illegal amount charged in the said bill and to refund the amount of Rs. 10,885/- deposited by the complainant vide receipt No. 326/93178 dated 13.3.2009 and to pay Rs. 20,000/- as compensation on account of harassment and mental agony besides payment of Rs. 5,000/- as litigation expenses.

2. Briefly stated, the case of the complainant is that he is the consumer of the opposite parties having a domestic electric connection bearing Account No. BB 24/0363 running in his premises. He received a bill issued on 15.2.2009 in which charges of Rs. 32,186/- have been charged illegally. No notice has been received by him about the above mentioned charges. Moreover, as per instructions of the PSEB no such amount is to be charged in the bill and only separate bill is to be rendered. No detail of the amount charged was ever furnished to the complainant. On receipt of said bill he immediately visited the office of the opposite party No. 2 and inquired about the charges levied through bill but no detail of the charges was supplied to him inspite of his repeated requests. In reply to the previous complaint in written statement opposite parties had alleged that connection of the complainant was checked on 15.8.2008 and he was found committing theft of energy but his connection was never checked on 15.8.2008 by any officer of the PSEB in presence of the complainant or any of his representatives. The charges in the said bill are illegal and against the instructions of the PSEB. He approached the opposite party no. 2 and requested to withdraw the illegal and unlawful charges but the opposite party No. 2 flatly refused to do so and threatened to disconnect the connection of the complainant, which amounts to deficiency in service and unfair trade practice on the part of the opposite parties. The complainant is also entitled for compensation of Rs. 20,000/- and litigation expenses of Rs. 5,000/-. It is also averred that previously complainant had filed complaint against the demand of Rs. 32,186/- charged in the bill dated 15.2.2009 on 4.3.2009 but that was dismissed in default on 18.8.2009. Application to restore the same was also dismissed on 23.12.2009. As the complaint of the complainant was never decided on merits, hence the fresh complaint.

3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 27.1.2010 complaint was admitted and notice was ordered to be issued to the opposite parties.

4. The summons sent to the opposite parties were duly served and Sh. A.K. Arora Advocate filed memo of appearance on 26.2.2010 on behalf of the opposite parties. But on 16.4.2010 none appeared on behalf of the opposite parties, so the opposite parties were proceeded against exparte by this Forum vide order dated 16.4.2010.

5. The complainant tendered in exparte evidence his affidavit Ex.C-1, copy of bill dated 15.2.2009 Ex.C-2, receipt No. 326 Ex.C-3 and closed his evidence.

6. We have heard the learned counsel for the complainant and have very carefully gone through the affidavits and documents on the file. Our observations and findings are as under.-

7. Learned counsel for the complainant has vehemently argued that the opposite parties has charged Rs. 32,186/- vide bill issued to the complainant dated 15.2.2009 illegally and unlawfully without any detail of the amount charged. Even alongwith the bill no detail was supplied. In the previous complaint in respect of the same charges it was alleged that connection of the complainant was checked on 15.8.2008 and he was found committing theft of energy though in fact the connection of the complainant was never checked on the aforesaid date in his presence nor in the presence of any of his representatives, which amounts to deficiency of service and unfair trade mal practice. On a resort to the office of the opposite party No. 2 they flatly refused to withdraw the illegal and unlawful demand, rather threatened to disconnect the connection of the complainant, if he failed to pay the said amount. Previous complaint against such a demand was dismissed in default on 18.8.2009. Application for restoration thereof too met with the same fate on 23.12.2009. Since the matter was never decided on merits complainant was constrained to file the present complaint on the same cause of action. It is also argued that in the previous complaint the complainant has deposited Rs. 10,885/- vide receipt dated 13.9.2009 Ex.C-3 as per the order of this Forum.

8. We have considered the aforesaid submissions of learned counsel for the complainant in the light of the evidence proved on record. In his affidavit complainant has deposed on the lines of allegations in the complaint more or less in entirety. Reliance has also been placed on copy of impugned bill Ex.C-2 and receipt of payment of Rs. 10,885/- Ex.C-3. On a perusal of the affidavit and the documents relied upon which has remained un-rebutted and un-assailed we have found the complainant entitled to the relief claimed. Therefore, the complaint filed by the complainant is accepted with a direction to the opposite parties to withdraw the illegal and unlawful charges of Rs. 32,186/- charged by the opposite parties vide bill dated 15.2.2009 and to refund or adjust the amount of Rs. 10,885/- already deposited by him vide receipt dated 13.3.2009 Ex.C-3 and further to pay Rs. 1,000/- as compensation on account of mental tension, harassment and litigation expenses within the period of one month from the date of the receipt of the copy of this order. Any other amount except the above mentioned amount of Rs. 10,885/-, if already deposited by the complainant with regard to above mentioned charges in the bill dated 15.2.2009 with the opposite parties, be also refunded to the complainant or adjusted in the next bills. In case no compliance is made out of this order, complainant shall be entitled to proceed under the provisions of Sections 25 and 27 of the Consumer Protection Act. Copies of the order be sent to the parties free of costs. File be consigned to record room.

Announced in open Forum:

Dated: 22.4.2010

Member Member President

(Dr. H.L. Mittal) (D.K. Khosa) (Ashok Kumar)