BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 708 of 2015
Date of Institution: 09.12.2015
Date of Decision: 04.05.2016
Harwant Singh son of Sh.Swaran Singh, resident of Jagir Singh Lineman Wali Gali, Village: Miran Kot, Tehsil & District Amritsar.
Complainant
Versus
- Punjab State Power Corporation Limited, through its Chairman, Patiala.
- Punjab State Power Corporation Limited, through SDO, South Sub Division, Amritsar.
Opposite Parties
Complaint under section 12 & 13 of the Consumer Protection Act, 1986.
Present: For the Complainant: In person.
For the Opposite Parties: Sh.Anil Sharma, Advocate
Coram
Sh.S.S.Panesar, President
Ms.Kulwant Kaur Bajwa, Member
Mr.Anoop Sharma, Member
Order dictated by:
Sh.S.S. Panesar, President.
1. Sh.Harwant Singh has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that the complainant is resident of Jagir Singh Lineman Wali Gali, Village: Miran Kot, Tehsil & District Amritsar and has been using electricity through connection bearing account No. 3001798850, Old No.A24KS2606011 from Opposite Party No.2. The complainant falls under Mazbi Sikh caste which has been recognized as Scheduled Caste as per the constitution and the complainant has also obtained certificate for Scheduled Caste bearing No.5537 dated 13.7.2006. On the basis of said certificate, 200 units per month are available as concession to the complainant. The complainant never consumed more than 400 units bi-monthly and every time, he paid bills only for Rs.20/-. In the month of November, 2015 the complainant has received a bill No.1000422883 dated 24.11.2015 from Opposite Parties for a sum of Rs.20,740/- which included SOP/ Energy Charges, etc. The actual consumption of the meter is near about 300 to 400 units and as such, the charges for consumption of the electricity amounting to Rs.20,740/- are highly excessive and improbable. The demand of Rs.20,740/- as SOP/ Energy Charges, etc. is totally illegal and arbitrary. The complainant is not liable to pay any alleged charges as claimed by the Opposite Parties. The Opposite Parties have not disclosed as to what and for what purpose they are charging the alleged energy charges from the complainant. On receipt of the bill, the complainant contacted the SDO and enquired from him about the inflated amount of the bill, who told the complainant that the amount has been charged on the instructions of the Head Office and he is helpless to do any thing. The cause of action arose to the complainant to file the present complaint in the month of November, 2015, when inflated bill dated 24.11.2015 for Rs.20,740/- was issued by the Opposite Parties to him. The complainant has requested for grant of relief to the following affect: -
a) impugned amount of Rs.20,740/- added in the bill dated 24.11.2015 be withdrawn immediately.
b) the complainant has claimed compensation to the tune of Rs.5,000/- for the harassment and mental agony caused by the illegal acts of the Opposite Parties.
Hence, this complaint.
2. Upon notice, opposite parties appeared through counsel and contested the complaint by filing joint written statement taking preliminary objections therein inter alia that the present complaint is not maintainable as the complainant has no cause of action to file the present complaint and that the present complaint is not maintainable in the present form. On merits, it is submitted that complainant has suppressed the material fats from this Forum. The true facts are that in the month of September, 2014, a bill of Rs.20740/- for 3438 units was issued to the complainant, but the complainant did not pay the said bill and this amount was added in his regular electricity bill dated 24.11.2015. The complainant again did not make the payment and challenged the said bill after depositing challenged fee on 15.10.2015. After that the electricity meter of the complainant was removed from the premises of the complainant vide MCO No. 429830 dated 30.10.2015 which was effected on 2.11.2015. The meter was packed in card box and signatures of the complainant were obtained on card box. After that the electricity meter of the complainant was checked in the ME Lab on 26.11.2015 with the consent letter of the complainant and the electricity meter of the complainant was found to be OK. So, the complainant has no cause of action to file this complaint. The complainant has made a concocted story to mislead this Forum. It is requested that the complaint may be dismissed with costs.
3. In his bid to prove the case, complainant made into the witness box as his own witness and filed duly sworn affidavit Ex.C-1 in support of the allegations made in the complaint and also produced copies of bills Ex.C2 to Ex.C5 and copy of application submitted to the Incharge, Thana Kambo, Amritsar Ex.C6 and closed the evidence.
4 To rebut the evidence of the complainant, the Opposite Parties tendered into evidence the affidavit of Sh.Ninder Pal, SDO Ex.OP1, copy of application Ex.OP2, copy of MCO Ex.OP3, copy of consumption data Ex.OP4, copy of detailed bill Ex.OP5, copy of consent letter Ex.OP6, copy of ME Lab report Ex.OP7 and closed the evidence on behalf of the Opposite Parties.
5. We have heard the complainant and ld.counsel for the Opposite Parties and have carefully gone through the evidence on record.
6. On the basis of evidence on record, Sh.Anil Sharma, Advocate ld.counsel for the Opposite Parties has vehemently contended that the complainant himself moved an application Ex.OP2 making a request for challenging the meter reading. On the request of the complainant, his meter was removed and was packed in the card box and same was sent to ME Lab with the consent letter of the complainant. The report of the ME Lab is on the record of the Forum which is Ex.OP7 and perusal whereof shows that the electricity meter of the complainant was found to be in order. The bill in dispute was issued to the complainant on actual consumption recorded in the electric meter of the complainant. The complainant also got his suspicion removed by getting the electricity meter checked from the ME lab, as such the instant complaint has got no force. There is no deficiency in service on the part of the Opposite Parties and it is contended that the complaint being false and frivolous may be dismissed.
7. But, however, from the appreciation of the facts and circumstances of the case, it becomes evident that in the previous months, the bills of the complainant used to be in minus, copies of the bills Ex.OP2, Ex.OP4 and Ex.OP5 prove this fact. The impugned bill has been issued for an amount of Rs.20,740/-. If the total load of the meter in dispute is taken into consideration which is 0.220 KW, the consumption of 3438 units was not possible by any stretch of imagination within a period of 2 months. It appears that the electric meter of the complainant recorded false reading. As a matter of fact, the complainant being a member of scheduled caste community was entitled to use 200 units per month as free and as such, he was entitled to consume 400 units bi-monthly as free. Even if, the consumption of the complainant is taken into consideration as per the chart submitted by Opposite Parties (Ex.OP4), the average consumption comes to 426 units comes bi-monthly. We go a step further & presume that consumption to be 500 units for the disputed bill period, even then the amount claimed vide impugned bill is quite exorbitant and excessive. We are of the considered view that the consumption for the disputed bill Ex.C3 is required to be scaled down to 500 units and the excessive amount, if deposited by the complainant, against the impugned bill be refunded to the complainant. The complaint stands disposed of accordingly. The Opposite Parties are given one month’s time to comply with this order, failing which, the complainant shall be at liberty to get the order enforced through the indulgence of this Forum. Copies of the order 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: 04.05.2016. (S.S.Panesar) President
(Anoop Sharma) (Kulwant Kaur Bajwa)
Member Member
hrg
