THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 29 of 2015
Date of Institution : 8.1.2015
Date of Decision : 16.06.2015
Gaurav Sharma,Advocate son of Sh. Gopal Bhushan Sharma, aged 32 years, resident of VPO Raja Sansi, Tehsil Ajnala Distt.Amritsar
...Complainant
Vs.
Punjab State Power Corporation Limited through its Chairman/CMD, The Mall, Patiala
Assistant Executive Engineer, Punjab State Power Corporation Limited, Sub Division, Harsha Chhina, Distt.Amritsar
Sub Divisional Officer, Punjab State Power Corporation Limited, Harsha Chhina Sub Division Distt.Amritsar
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh.Amit Sharma,Advocate
For the opposite parties : Sh.Anil Sharma,Advocate
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
-2-
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Sh. Gaurav Sharma under the provisions of the Consumer Protection Act alleging therein that an electric connection bearing account No. A46FH480143Y has been installed at the premises of the complainant in the name of Swaran Singh, previous owner of the property. According to the complainant he has been making payment of the bills regularly without committing any default. Complainant was surprised to receive bill dated 3.12.2014 for Rs. 36190/- in which an amount of Rs. 34241/- has been shown as arrears. Complainant approached the opposite party and requested them to give details of the alleged amount claimed in the bill and also to withdraw the said demand and correct the bill, but the opposite party did not listen the complainant. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to withdraw the said demand of Rs. 34241/-. Compensation of Rs. 50000/- alongwith litigation expenses were also demanded.
2. On notice, opposite party appeared and filed written version in which it was submitted that the meter of the complainant remained defective for the period from 9/2012 to 3/2014 and during this period average bills with F code were issued to the complainant. The audit party overhauled the account of the complainant and after deducting the amount already paid, an amount of Rs. 34241/- was found due payable by the complainant and the same was added in the regular bill dated 18.12.2014 according to the rules and regulations of the opposite party. While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence his affidavit Ex.C-1 alongwith douments Ex.C-2 to Ex.C-7.
4. Opposite party tendered affidavit of Sh.Sukhdev Singh AAE Ex.OP1, copy of half margin Ex.OP2, consumption data Ex.OP3.
5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for the parties.
6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties , it is clear that complainant is the consumer of electricity vide account No. A46FH480143Y which is in the name of Swaran Singh, previous owner of the property. As per complainant's version, he has been paying all the electricity bills regularly without any default. However, complainant received bill dated 3.12.2014 for Rs. 36190/- in which the opposite party claimed Rs. 34241/- as arrears without any explanation. The complainant approached the opposite party to rectify the bill or to give the details of the arrears. But the opposite party did not pay any heed to the request of the complainant. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party qua the complainant.
7. Whereas the case of the opposite party is that the meter of the complainant remained defective from 9/2012 to 3/2014 and during this period average bills with F code were issued to the complainant as per consumption data Ex.OP3. Thereafter audit party of the opposite party overhauled the account of the complainant vide half margin Ex.OP2 and after deducting he amount which had been already paid by the complainant, found an amount of Rs. 34241/- due payable by the complainant and this amount was added in the regular electricity bill of the complainant dated 18.12.2014 issued to the complainant. Ld.counsel for the opposite party submitted that the opposite party has charged this amount from the complainant on the basis of actual consumption of electricity made by the complainant, as such there is no deficiency of service on the part of the opposite party qua the complainant.
8. From the entire above discussion, we have come to the conclusion that the meter of the complainant became defective, as such the bills were issued to the complainant with F code on average basis for the period from 9/2012 to 3/2014. The audit party of the opposite party overhauled the account of the complainant and after deducting the amount already paid by the complainant for the bills on average basis, found that a sum of Rs. 34241/- is due payable by the complainant vide half margin Ex.OP2. Opposite party then added this amount in the current consumption bill of the complainant dated 3.12.2014 Ex.C-7. As per rule 124.1 of the Sales Regulations and Supply Code, opposite party cannot claim any other amount except the current consumption charges in the current consumption bill of the consumer except after following proper procedure i.e. opposite party is bound to give prior notice to the consumer, supplying him the copy of the half margin and requiring the consumer to deposit the amount in question within a stipulated period or to file objections, if any . But in the present case, the opposite party did not issue any prior notice before adding this amount of arrears of Rs. 34241/- directly in the current consumption bill of the complainant, which is against the rules and regulations of the opposite party. As such the complainant has not been given proper opportunity of being heard.
9. Resultantly this demand of arrears raised by the opposite party from the complainant in the current consumption bill dated 3.12.2014 Ex.C-7 is not sustainable in the eyes of law.
10. Resultantly this demand of Rs. 34241/- as arrears raised by the opposite party in the current consumption bill of the complainant dated 3.12.2014 Ex.C-7 is hereby set-aside. However, opposite party is at liberty to charge this amount from the complainant after following proper procedure as laid down under rules 124.1 of the Sales Regulations and Supply Code . Keeping in view the peculiar circumstances of the case parties are left to bear their own costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
11. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
16.06.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
