Order dictated by:
Mr.Anoop Sharma, Presiding Member
- Present complaint has been filed by Inderjit Kapoor and Pooja Sharma under section 12 of the Consumer Protection Act on the allegations that an electric connection bearing account No. 3002412300 has been installed in the premises situated at 501, Maqbool Road, Amritsar which is in the name of complainant No.1. Complainant No.2 was using the said electric connection from the date of purchase of property and has been paying the electricity bills regularly to the opposite party, as such complainants are consumer qua the opposite party. On 6.8.2016 opposite party came into the premises of the complainant and stopped/cut the supply of the electricity without any intimation. The complainants approached the opposite party on the same day and requested them to restore the electric supply to the premises, which the opposite party failed to do so. Again on 7.8.2016 complainants again approached the opposite party and showed their willingness to pay the actual amount of the bill in question without surcharge and interest i.e. Rs. 80000/- and also requested them to restore the electric supply to the premises, but the opposite party flatly refused to the same. Complainants have sought for the following reliefs vide instant complaint:-
- Opposite party be directed to restore the electric supply to the premises of the complainant with immediate effect ;
- Opposite party be also directed to pay compensation to the tune of Rs. 70,000/- for causing mental harassment, mental pain and agony;
- Opposite party be also directed to pay litigation expenses to the tune of Rs. 30000/-
Hence, this complaint.
2. Upon notice, opposite party appeared and filed written version taking certain preliminary objections therein inter alia that the complainant has not come to the Forum with clean hands and had suppressed the material facts from the knowledge of this Forum ; that the demanded amount is a consumption charges and the same has not been paid by the complainant so far and instead of depositing the said amount the complainant had filed the present complaint ; that complainants have no locus standi to file the present complaint as neither the electricity connection bearing account No. GT16-1930 was released in the name of the complainants , as such the present complaint is liable to be dismissed at this score alone. On merits, it was submitted that on 29.7.2016 the electricity connection bearing account No. GT 16-1930 was inspected by Sh. Darbari Lal, SDO, PSPCL and other staff of the opposite party and it was found that the electricity meter of the demised premises was installed in the MCB box. An electricity meter bearing account No. CL 47/182 , in the name of complainant No.1 was disconnected on 21.5.2015 by the opposite party for non payment of consumption charges, the complainant was found using electricity from electric connection bearing account No. GT 16/1930, which is in the name of Mr. Charanjit Kapoor i.e. brother of complainant No.1, since the electric meters were installed in the same building and complainant No.1 is using electricity from electricity meter bearing account No. GT 16-1930, released in the name of Mr. Charanjit Kapoor i.e. brother of complainant No.1, as such he defaulting amount of electricity connection account No. CL 47/182 was debited in the electricity connection bearing account No. GT 16-1930. The report bearing No. 8015/57 dated 29.7.2016 was prepared on the spot. Notice in this respect bearing No. 1596 dated 29.7.2016 was also issued to the complainant. It was admitted that electricity connection bearing account No. CL 47/182 was disconnected on 21.5.2015 due to non payment of consumption charges and there is no procedure to reconnect the electricity connection after a gap of approximately one year. While denying and controverting other allegations, dismissal of complaint was prayed.
3. In his bid to prove the case Sh.S.K.Vyas,Adv.counsel for the complainants has tendered into evidence duly sworn affidavit of complainant No.1 Ex.C-1 alongwith documents Ex.C-2 to Ex.C-4 and closed the evidence on behalf of the complainant.
4. To rebut the aforesaid evidence Sh. Talwinder Singh,Adv.counsel for the opposite party has tendered into evidence affidavit of Sh.Ajay Pal Singh, SDO Ex.OP1, copy of inspection report dated 29.7.2016 Ex.OP2, copy of memo No. 1596 dated 29.7.2016 Ex.OP3, copy of challan Ex.OP4 and closed the evidence on behalf of opposite party.
5. We have heard the ld.counsel for the parties and have carefully gone through the record on the file.
6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that an electric connection bearing account No. 3002412300 was installed in the premises situated at 501, Maqbool Road, Amritsar which is in the name of complainant No.1. Complainant No.2 has been using the said electric connection from the date of purchase and has been making payment of all the bills of consumption of electricity to the opposite party regularly without any default. However, on 6.8.2016, opposite party came into the premises of the complainant and stopped/cut the electricity supply of the premises of the complainant without any intimation. The complainant approached the opposite party on the same day i.e. on 6.8.2016 as well as on the next day i.e. on 7.8.2016 and requested them to restore the electric supply to the premises, but the opposite party did not pay any heed to the request of the complainant . Complainant has alleged that he showed his willingness to pay the actual amount of bill in question without surcharge and interest i.e. Rs. 80000/- with request to restore the electric supply to the premises, which the opposite party flatly refused to it. Ld. Counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party.
7. Whereas the case of the opposite party is that there is electric connection bearing account No. CL47/182 was released in the name of complainant No.1 and the same was disconnected on 21.5.2015 for non payment of consumption charges . It was the case of the opposite party that on 29.7.2016, the electricity connection bearing account No. GT 16-1930 (3002912627) was inspected by Sh. Darbari Lal, SDO and other staff of the opposite party and it was found that the electricity meter of the demised premises was installed in the MCB box. An electricity meter bearing account No. CL 47/182 , in the name of complainant No.1 was disconnected on 21.5.2015 by the opposite party for non payment of consumption charges, the complainant was found using electricity from electric connection bearing account No. GT 16/1930, which is in the name of Mr. Charanjit Kapoor i.e. brother of complainant No.1, since the electric meters were installed in the same building and complainant No.1 is using electricity from electricity meter bearing account No. GT 16-1930, released in the name of Mr. Charanjit Kapoor i.e. brother of complainant No.1, as such he defaulting amount of electricity connection account No. CL 47/182 was debited in the electricity connection bearing account No. GT 16-1930, released in the name of Mr. Charanjit Kapoor i.e. brother of complainant No.1, as such the defaulting amount of electricity connection A/c. No. CL 47/182 was debited to the electricity connection bearing account No. GT 16/1930. Report bearing No. 8015/57 dated 29.7.2016 was prepared on the spot and notice bearing No. 1596 dated 19.7.2016 was issued to the holder of electric connection bearing account No. GT 16/1930 .Ld.counsel for the opposite party submitted that there is no deficiency of service on the part of the opposite party.
8. But, however, from the appreciation of the facts and circumstances of the case, it becomes evident that the electric connection bearing account No. CL 470182Y (3002412300) has been installed in the name of complainant No.1 and complainant No.2 has been using the said electric connection since the date of purchase of the property. However, on 6.8.2016 the opposite party stopped/cut the supply of the electricity without any intimation and did not restore the same despite making several requests to the opposite party as well as showing willingness to pay the actual amount without surcharge and interest i.e. Rs. 80000/-. But on the other hand the plea of the opposite party that electric connection bearing account No. CT 47/182 (3002412300) has been disconnected due to non payment of consumption charges on 21.5.2015 and the complainant was found using electricity from electric connection bearing account No. GT 16-1930 (3002912627) released in the name of Mr.Charanjit Kapoor i.e. brother of complainant No.1 , is not tenable as the complainant has produced on record bill dated 14.10.2016 , copy of which is Ex.C-2 on record showing that the electric connection has been running and the complainants have been using the supply from the said electric connection . However, the opposite party raised the demand to the tune of Rs. 92,630/- vide bill dated 30.7.2016, copy of which is Ex.C-4 as well as Rs. 1,67,890/- vide bill dated 14.10.2016 Ex.C-2 on record without issuing separate detailed notice as per regulation 124.1 of the Electricity Supply Regulations of the Opposite Party. It has been held by Hon’ble Punjab State Consumer Disputes Redressal Commission, Chandigarh in case PSEB Vs. Hardeep Singh 2010(2) CLT 259 that where the payment of Rs.27501/- was not raised by the appellant through a separate detailed notice as required by Regulation 124.1 and added in the bill in dispute as sundry charges, there is violation of the regulation of the Opposite Party. However, the appellant is at liberty to raise fresh demand of the amount in dispute and can charge the same from the complainant by following proper procedure. It was the case of the complainant that opposite party stopped/cut the supply to the premises of the complainant without any intimation and did not restore the same despite making several requests. However, complainant is ready and willing to pay the actual amount of the bill without surcharge and interest i.e. Rs. 80000/-.
9. Resultantly , we dispose of the complaint with the directions to the Opposite party to raise the demand afresh after issuing prior notice under regulation 124.1 of Electricity Supply Regulations of PSPCL, upon the complainant to explain his position. Opposite party is further directed to restore the electric connection bearing account No. 3002412300 (CT47/182) as per rules. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated: 20.2.2017
