BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No.20 of 2016
Date of Institution: 8.1.2016
Date of Decision: 11.5.2016
Gurdip Singh S/o Ram Singh R/o H.No. 1668, Gali No. 7, Daim Ganj, Dhapai Road, Amritsar
Complainant
Versus
- Punjab State Power Corporation Ltd., through its Chairman, Power Regulation & Control DTE, PSPCL, 220kv S/stn. Ablowal, Patiala
- Punjab State Power Corporation Ltd., through Sub Divisional Officer, Islamabad Sub Division, Under Civil Line Division, Hall Gate, Amritsar
Opposite Parties
Complaint under section 11, 12 & 13 of Consumer Protection Act, 1986
Present: For the Complainant : Sh.Rajan Kataria,Adv.
For the Opposite Parties : Sh.Anil Sharma,Advocate
Coram
Sh.S.S.Panesar, President
Ms.Kulwant Kaur Bajwa, Member
Sh.Anoop Sharma,Member
Order dictated by:
Sh.S.S. Panesar, President.
1. Gurdip Singh, complainant has brought the instant complaint under the Consumer Protection Act, 1986 on the allegations that the complainant is holder of electric connection bearing Account No. 3002167426 in his name under DS category which is installed in residential house of the complainant situated at Dam Ganj, Dhapai Road, Amritsar. The complainant has been making regular payments of consumption as per the bills being issued by the opposite party, except the impugned demand. As such, the complainant is a consumer of the opposite party as defined under the Consumer Protection Act , 1986 and has a right to invoke the jurisdiction of this Forum by way of filing the instant complaint for redressal of his grievance. The complainant applied for electric connection on 23.5.2012 vide receipt No. 368/28997 dated 23.5.2012 being a member of scheduled caste category. After installation of the electric connection readings of his meter were never taken by the officials/meter reader of the opposite party. The complainant used to receive bills on average consumption which he used to pay regularly. On 12.6.2015, the complainant was given the excess impugned bill bearing bill No. 50200871665 for an amount of Rs. 32,910/- for the period 26.3.2015 to 12.6.2015. On receiving the said bill, the complainant immediately went to the office of opposite party but no fruitful was done by them. Even the complainant moved an application on 31.8.2015 to XEN Civil Lines, Amritsar regarding the excess bill, but no action was taken. The complainant belongs to SC category and there is subsidy of 200 units per month to that category . Since the installation of the electric connection from 23.5.2012 , the meter reading was not properly taken and now the bill has been sent for 4902 units which is illegal, improper and arbitrary and against the rules. The complainant is entitled to subsidy of 200 units per month and he has not been given the said benefit since installation of the electric connection. As such the complainant is not liable to make the payment of the impugned bill. Hence, this complaint.
2. On notice, opposite party appeared and contested the complaint by filing written reply taking certain preliminary objections therein inter-alia that complaint as framed is not maintainable as the complainant has no cause of action to file the present complaint . The impugned bill dated 12.6.2015 for Rs. 32910/- has been issued according to actual consumption. The complainant has not challenged the electricity bill nor he has moved any application to the competent authority for checking the electric meter ; that the present complaint is not maintainable in the present Forum. On merits it is stated that in the month of June 2015 a bill of 4902 units for Rs. 32910/- has been issued according to actual consumption of electricity from the meter of the complainant. The complainant has not challenged his electricity meter reading. There is no force in the complaint and a prayer for dismissal of the complaint with cost was made.
3. In his bid to prove the case Sh. Rajan Kataria, Adv.counsel for the complainant has tendered into evidence affidavit of the complainant Ex.C-1, copy of bill dated 3.11.2013 Ex.C-2, copy of Aadhar card Ex.C-3, copy of application dated 31.8.2015 Ex.C-4, copy of report dated 31.8.2015 Ex.C-5, copy of schedule caste certificate of the complainant Ex.C-6, copy of deposit receipt dated 23.5.2012 Ex.C-7, copy of bill dated 12.6.2015 Ex.C-8, copy of consumption data sheet Ex.C-9.
4. On the other hand Sh. Anil Sharma, Adv.counsel for the complainant tendered into evidence affidavit of Er. Amit Deepak, AEE Ex.OP1, account detail Ex.OP2.
5. We have heard the counsel for the parties and have carefully gone through the record on the file.
6. There is no dispute that the complainant is the consumer under the opposite party and is holder of electric connection bearing account No. 3002167426. It is also not disputed that bill No.50200871665 of Rs. 32,910/- for the period from 26.3.2015 to 12.6.2015 was issued to the complainant. It is further not denied that since the installation of the electric meter in dispute from 23.5.2012 the meter reading was not being properly taken. The complainant was entitled to subsidy of 200 units per month being member of SC category. But, however, that was also not extended to him. The complainant has been regularly paying the bill on average basis as issued by the opposite party from time to time since the installation of the electric connection in dispute . During the pendency of the present complaint, complainant has deposited 50% against the impugned bill. As a matter of fact the accumulated bill for the consumption of units of 4902 have been issued for the period since installation of the electric connection/meter uptil 12.6.2015. Whereas the electric bill of the complainant was required to be overhauled by giving him concession of 400 units bi-monthly and the entire consumption is also required to be divided equally in bi-monthly parts w.e.f 23.5.2012 uptil 12.6.2015. The opposite party has failed to apply that principle at the time of issuing the impugned bill dated 12.6.2015 , copy whereof is Ex.C-8 on record.
7. As such instant complaint succeeds and the opposite party is directed to overhaul the impugned bill of the complainant regarding the period in dispute i.e. w.e.f. 23.5.2012 uptil 12.6.2015 in equal parts after extending benefit of 400 units bi-monthly. The amount payable be ascertained within a period of 30 days of the receipt of the copy of this order. If after over-hauling the bill, any amount paid by the complainant is found excessive, the same may be refunded to the complainant . Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
Dated : 11.05.2016
/R/ ( S.S.Panesar )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
Member Member
