DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA
CC.No.290 of 08-05-2014
Decided on 03-11-2014
Jagroop Singh aged about 66 years S/o Jeon Singh R/o Rampura Phul, District Bathinda.
........Complainant
Versus
1.Punjab State Power Corporation Limited, The Mall, Patiala, through its Secretary.
2.SDO/AEE, Punjab State Power Corporation Limited, City Sub Division, Rampura, District Bathinda.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt.Vikramjit Kaur Soni, President.
Smt.Sukhwinder Kaur, Member.
Sh.Jarnail Singh, Member.
Present:-
For the Complainant: Sh.Ashok Gupta, counsel for the complainant.
For Opposite parties: Sh.M.L Bansal, counsel for the opposite parties.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant is holding an electricity tubewell connection bearing account No.B61SP940134X which is being used for the agriculture purpose since its release and supply is given under metered supply. As per the policy of Punjab State Power Corporation the AP bills have been declared free as per CC No.26/98 and electricity tubewell connections that were released from the industrial quota have also been declared exempted from charging anything and again CC No.10/2006 has been issued about the free electricity to the farmers. The abovesaid electricity tubewell connection has been issued from tubewell category for the agricultural purposes. The commercial circular CC No.24/2008 is also about the free supply to the electricity tubewell connection holder. The complainant further alleged that the opposite parties started sending him the bills, which have been dispensed with and he is entitled for the free supply as per Circulars Nos.24/2008, 10/2006 and 26/1998. As per the government instructions the farming sector has been exempted to pay the electricity charges. As per Sales Regulations 85.03.01.02 the complainant is exempted to pay the electricity charges. The complainant many times requested the opposite parties to withdraw the bills, but to no effect. There are other electricity connections similar to the complainant i.e. Pritam Singh S/o Maghar Singh R/o Phul bearing account No.SP 6, Jagdev Singh S/o Uttam Singh R/o Phul bearing account No.SP 26, Jaspal Singh S/o Mukand Singh R/o Phul etc., whose bills are neither made nor charged. Hence the complainant has filed the present complaint to seek the directions of this Forum to the opposite parties to dispense with the bills alongwith cost and compensation or to give him any other additional or alternative relief for which he may be found entitled to.
2. The opposite parties after appearing before this Forum have filed their joint written statement and pleaded that the alleged circulars mentioned in the complaint are not applicable to the facts and circumstances of the case in hand, rather as per the circular No.71/2003, only those AP electricity connections have to be considered for the free supply that have been running from the agricultural purposes, but in the present case the complainant has applied for SP electricity connection for the commercial purposes. The opposite parties further pleaded that from the releasing of the abovesaid electricity connection under SP category, it has been using by the complainant for the commercial purpose as such he is not entitled for the free electricity under the abovesaid electricity connection. As per CC No.10/2006 which reads as 'Agriculture Tubewells released under SP category, tubewell connections released to the farmers of Kandi Area, PAU Ludhiana, PSTC/IB lift irrigation, other connections released under SP/MS category and TCA (Technical Co-Op. Assistance)', are entitled for the free supply. To support their version the opposite parties have referred to the precedent laid down by the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh in case titled as Lakhveer Singh & Others Vs. PSEB First Appeal No.1485 of 2006, decided on 5.3.2007 and case titled as Jagdish Singh Vs. PSEB & Another, Revision Petition No.18 of 2007, decided on 5.3.2007 and case titled as Lachhman Singh Vs. PSEB & Another, First Appeal No.1484 of 2006, decided on 5.3.2007 and case titled as Tej Kaur Vs. PSEB & Another, Revision Petition No.20 of 2007, decided on 5.3.3007. The opposite parties further pleaded that the bills issued by them are legal and valid and complainant is bound to pay them the bills and not entitled for the free electricity supply.
3. The parties have led their evidence in support of their respective pleadings.
4. Arguments heard. The record alongwith written submissions submitted by the parties perused.
5. The submission of the complainant is that he is holding an electricity tubewell connection bearing account No.B61SP940134X which is being used for the agriculture purpose since its release and supply is given under metered supply. As per the policy of Punjab State Power Corporation the AP bills have been declared free as per Commercial Circulars No.26/98; 10/2006 and 24/2008. As per the government instructions the farming sector has been exempted to pay the electricity charges. The complainant further submitted that he requested many times to the opposite parties to withdraw the bills, but nothing has been done by them so far.
6. On the other hand the submission of the opposite parties is that as per the circular No.71/2003, only those AP electricity connections have to be considered for the free supply that have been running from the agricultural purposes, but in the present case the complainant has applied for SP electricity connection for commercial purposes. The opposite parties further submitted that from the release of the abovesaid electricity connection under SP category, it has been using by the complainant for the commercial purpose as such he is not entitled for the free electricity under the abovesaid electricity circular. As per CC No.10/2006 which reads as 'Agriculture Tubewells released under SP category, tubewell connections released to the farmers of Kandi Area, PAU Ludhiana, PSTC/IB lift irrigation, other connections released under SP/MS category and TCA (Technical Co-Op. Assistance)', are entitled for the free supply. To support their version the opposite parties have relied upon various authorities The bills issued by the opposite parties are legal an valid and complainant is bound to pay them the bills and not entitled for the free electricity supply.
7. A perusal of record placed on file shows that the tariff type of electricity tubewell connection bearing No.B61SP940134X is SP with connected load of 5.86 KW. A further perusal of record placed on file, Ex.OP1/4, shows that the complainant has applied for the electricity connection under SP category.
8. As discussed above the electricity connection of the complainant is SP electricity connection that has not been converted into AP/TW (Tubewell) connection by the opposite parties till date and he has been receiving the bills on SP tariff, which is evident from Ex.C2, thus the complainant cannot seek the benefits of the abovesaid circulars, as the tariff has not been converted by Punjab State Power Corporation Limited till date. According to the precedents laid down by the Hon'ble National Commission and Hon'ble State Commissions in catena of judgments cited at 1994 (1) CPJ NC Page 45; 1997 (2) CPJ NC Page 354; 1992 CPC Punjab Page 338; 1999 (1) CPJ Shimla Page 11; 1998 (2) CPC Shimla Page 588 and 1996 (2) CPC Patna Page 391, the consumer Forum has no jurisdiction to decide the validity of tariff prepared by Punjab State Power Corporation Limited. Thus this complaint is hereby dismissed without any order as to cost, being not maintainable before this Forum.
9. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
03-11-2014
(Vikramjit Kaur Soni)
President
(Sukhwinder Kaur)
Member
(Jarnail Singh)
Member
