DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA. Complaint No.34/13.03.2008 Decided on : 26.08.2008 Surjit Singh S/o Sh. Sohna Singh S/o Sh.Chanan Singh, near Dr.Manphool, Jawaharke Road, Mansa. ..... Complainant. VERSUS The Sub Divisional Officer, City, Punjab State Electricity Board, Mansa. ..... Opposite Party. Complaint under Section 12 of the Consumer Protection Act, 1986. ..... Present: Sh.S.K.Singla, counsel for the complainant. Sh.S.S.Aulakh, counsel for the Opposite Party. Before: Sh.Lakhbir Singh, President. Sh.Sarat Chander, Member. Smt.Neena Rani Gupta, Member. Order: Instant one is a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as 'Act') which has been preferred by the complainant seeking direction from this Forum to the opposite party to waive Rs.13765/- and sur-charge of Rs.1487/-; correct bill dated 23.01.2008; pay Rs.5,000/- as compensation and Rs.2,000/- as litigation expenses. 2) Version of the complainant lies in a narrow compass as under: Complainant is holder of Electricity Connection bearing Account No. TL380314. On 23.01.2008, the electricity consumption bill was sent to him by the opposite party raising demand of Rs.16737/-. The complainant assails this demand as illegal saying that no amount is outstanding towards Contd........2 : 2 : him. When the officials of the opposite party were contacted he was apprised that the amount has been demanded concerning account of Veer Bhan. No notice prior to the issuance of this bill was served upon him. It is further averred by him that act and conduct of the opposite party has caused him mental agony and sufferings. 3) On being put to notice, opposite party filed reply of the complaint taking legal objections that complainant has no no locus standi to file the complaint; complaint is not maintainable and it has been filed to harass him. On merits, he admits that electricity connection has been installed in the premises of the complainant. A sum of Rs.13765/- is due towards him. Previously electricity connection No.TL38/19 was installed in this house in the name of one Veer Bhan. A sum of Rs.13765/- was outstanding towards him. Complainant is liable to pay the amount concerning the electricity connection of Sh.Veer Bhan. He denies the remaining averments in the complaint. 4) In support of his allegations and averments in the complaint, Surjit Singh, complainant has tendered in its evidence Impugned bill (Ex.C-1) and his own affidavit (Ex.C-2) 5) In rebuttal, on behalf of the opposite party affidavit of Sh.Ashok Kumar, SDO (Ex.OP-1), Copy of the letter of Sh.Pawan Kumar, J.E to the SDO, Mansa (Ex.OP-2) and Copy of the ledger (Ex.OP-3) have been tendered in evidence. 6) We have heard the learned counsel for the parties and gone through the record. 7) Copy of the impugned bill dated 23.1.2008 is Ex.C-1 in which a sum of Rs.13,765/- has been shown as expenses of the running cycle. Plea of the complainant is that he is not liable to pay this amount. For this he has submitted an affidavit Ex.C-2 in which he reiterates his version in the complaint. Opposite party aver that previously electricity connection bearing Account No. TL38/19 was installed in the house in question Contd........3 : 3 : in the name of one Veer Bhan and a sum of Rs.13,765/- was due towards him which has not been deposited by him. It being so, the same is liable to be recovered from the complainant as electricity connection bearing Account No.TL380314 has been released to him in the same premises. In support of it, opposite party is relying upon affidavit (Ex.OP-1) of Sh.Ashok Kumar, SDO, copy of the letter dated 14.11.2007 (Ex.OP-2) of Sh.Pawan Kumar, J.E to the SDO, Punjab State Electricity Board, Mansa and copy of the ledger Ex.OP-3. 8) Material question for determination in this case is as to whether amount of Rs.13765/- standing in the name of Veer Bhan who was having electricity connection bearing Account No.TL38/19 in the premises in which electricity connection has been released to the complainant, can be recovered from the complainant. Answer to our minds is in the negative. No Rules and Regulations have been shown by the opposite party entitling the Electricity Board to recover the arrears of another electricity connection in the same premises from the new connection holder in those premises. The arrear of previous owner cannot be foisted on a new owner unless there are specific Rules and Regulations to that effect. It being so, complainant cannot be saddled with the responsibility of paying the arrears due towards Veer Bhan who was having electricity connection bearing Account No.TL38/19. In this view of the matter we are fortified by the observations of their Lordships of the Hon'ble Supreme Court in the case of Isha Marbles Vs Bihar State Electricity Board & another JT 1995(II) SC 626. Similar view has been held in the case of Punjab State Electricity Board and others Vs Sham Bahti IV(2007)CPJ 317 and CESE Ltd., Vs Rama Banerjee 2005 CTJ 78. 9) As a result of our foregoing discussions, demand of Rs.13,765/- raised by the opposite party in the bill dated 23.1.2008, copy of which is Ex.C-1, is illegal, arbitrary and null and void. Accordingly, deficiency in service on the part of the opposite party is writ large. Contd........4 : 4 : 10) Now question arises as to which relief be accorded to the complainant. As per the above discussion, direction deserves to be given to the opposite party to withdraw demand of Rs.13,765/- and the surcharge on it out of the bill amount dated 23.1.2008, copy of which is Ex.C-2. Act and conduct of the opposite party must have caused him mental agony and harassment for which complainant deserves some compensation which we assess as Rs.500/-. 11) In the result, complaint is accepted against opposite party with costs of Rs.1,000/-. Opposite party is directed to do as under: (i) Withdraw the demand of the amount of Rs. 13,765 shown in bill dated 23.1.2008 in the column of expenses on electricity of running cycle and the sur charge on it. (ii) Pay Rs.500/- to the complainant as compensation under Section 14(1)(d) of the Act 12) Compliance be made within 30 days from the date of receipt of the copy of this order failing which amount of compensation would carry interest at the rate of 9% per annum till payment. Copy of the order be supplied to the parties free of costs and file be consigned to record. Pronounced: 26.08.2008 Neena Rani Gupta, Sarat Chander, Lakhbir Singh, Member. Member. President.
