BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 123 of 2016
Date of Institution: 10.3.2016
Date of Decision: 7.6.2016
Jasbir Kaur W/o Dalip Singh R/o Plot No. 9, Sahibjada Juzar Singh Avenue, Ajnala Road, Amritsar
Complainant
Versus
- Punjab State Power Corporation Ltd through its Chairman, The Mall, Patiala
- The Punjab State Power Corporation Ltd., through its SDO South Division, Amritsar
Opposite Parties
Complaint under section 11/12 of Consumer Protection Act, 1986
Present: For the Complainant :Sh.G.S. Nagra,Advocate
For the Opposite Party : 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. Jasbir Kaur, complainant has brought the present complaint under section 11 & 12 of the Consumer Protection Act on the allegations that the complainant is the holder of electric connection bearing account No. 3001483310 with a sanctioned load of 2 KW having been granted and installed by the opposite party at the premises of the complainant. All the bills raised by the opposite party against the electric connection from time to time stood paid and no amount is outstanding against the said electric connection. On 6.1.2016 the complainant received bill No.1090616A06y1508053 for the period from 28.10.2015 to 6.1.2016 issued by South Sub Division, Amritsar for an amount of Rs. 1,43,130/- which included Rs. 77890/- and Rs. 41026/ as arrears of Misc. and Sundry charges without any explanation and details. The status of the meter is shown "O" which means that there is no defect in the meter. No separate demand notice has been sent alongwith the said bill. The demand of said Misc. and sundry charges is totally illegal and arbitrary. The complainant visited the office of the opposite party, but they failed to satisfy the complainant rather they stated that her bill shall be corrected in the next month because their system was going online. So on that pretext the complainant did not deposit the said bill to the opposite party. On 3.3.2016 complainant against received a bill No. 1090616C031231328 for the period from 6.1.2016 to 3.3.2016 issued by the opposite party for a sum of Rs. 85,280/- which included Rs. 27207/- and Rs. 41032/- as Misc. and sundry charges without any explanation and details. The status of the meter is shown "O" which means that there was no defect in the meter. No separate demand notice has been sent with the said bill. The demand of alleged Misc. and sundry charges is totally illegal and arbitrary. The complainant is not liable to pay the said Misc. and sundry charges as claimed by the opposite party. . Opposite party No. 2 has not disclosed as to for what purpose , it is charging the alleged sundry charges from the complainant whereas the complainant is only liable to pay the charges of actual consumption of the electricity amount. The act and conduct of the officials of opposite party No.2 charging the impugned amount of Rs. 27207/- and Rs. 41032/- as Misc. and Sundry charges without any reason and justification is violative of its own rules and regulations as well as principles of natural justice. The complainant has prayed for the following reliefs vide instant complaint :-
- The opposite party may be directed to restore the electric connection of the complainant bearing account No. 3001483310
- Opposite party may be directed to delete the aforesaid impugned amount of Rs. 27207/- and Rs. 41032/- credited as Misc. and sundry charges from the bill dated 3.3.2016.
- Compensation of Rs. 20000/- may also be awarded to the complainant alongwith litigation expenses of Rs. 5000/-
Hence, this complaint.
2. Upon notice, opposite party appeared and contested the complaint by filing written reply taking certain preliminary objections therein inter alia that the present complaint as framed is not maintainable. The complainant has no cause of action to file the present complaint as the complainant is not a good pay master of the opposite party. The complainant has not been making payment of the electricity charges regularly ever since April 2013 ; that the present complaint is not maintainable in the present Forum. On merits, it is admitted that the complainant is having electric connection bearing account No. 3001483310. It is specifically denied that the complainant has been making payment of the electricity bills issued by the opposite party regularly. As a matter of fact the complainant has not approached this Forum with clean hands and is guilty of suppression of material facts from this Forum. The complainant has not been making payment of her electricity bills regularly w.e.f. December 2013 a bill of Rs. 33510/- alongwith previous unpaid amount was issued to the complainant. But the complainant paid only Rs. 15000/- on 12.2.2014. In the month of Feb. 2014 a bill for Rs. 20390/- with previous unpaid amount was issued to the complainant, the complainant made a payment of Rs. 15000/- on 23.3.2014. After that in the month of August 2014 a bill for Rs. 50,290/- alongwith previous unpaid bills was issued to the complainant but the complainant only paid Rs. 15000/- on 26.9.2014. After that the complainant has not paid any amount of consumption charges to the opposite party and till March 2016 total amount of Rs. 85,338/- is due payable by the complainant. In the bill dated 16.1.2016 for Rs. 1,43,130/- was issued to the complainant and in that bill Rs. 77890/- was added as arrears of current year and Rs. 41026/- were added as arrears of previous year as per rules and regulations of the PSPCL. The complainant approached the opposite party alongwith this bill after verifying the account of the complainant the correct bill for Rs. 85,280/- including unpaid previous bills amount on 3.3.2016 was issued to the complainant. It is stated that bill dated 3.3.2016 Rs. 27207/- has been charged as arrears of unpaid consumption charges of current year and Rs. 41032/- has been charged as arrears of unpaid consumption charges of previous year as per rules and regulations of the PSPCL. Remaining facts narrated in the complaint have been specifically denied and a prayer for dismissal of the complaint with cost was made.
3. In her bid to prove complainant tendered into evidence her affidavit Ex.C-1, copy of bill dated 6.1.2016 Ex.C-2, copy of bill dated 3.3.2016 Ex.C-3 and closed her evidence.
4. To rebut the aforesaid evidence Sh.Anil Sharm,Adv.counsel for the opposite party tendered into evidence affidavit of Sh.Ninder Pal,SDO Ex.OP1, copy of billing detail Ex.OP2 and closed the evidence on behalf of the opposite party.
5. We have heard the ld.counsel for the parties and have carefully gone through the record on the file.
6. On the basis of the evidence on record, ld.counsel for the complainant has vehemently contended that it is not disputed that the complainant is holder of electricity connection bearing account No. 3001483310 with sanctioned load of 2 KW which is installed at the premises of the complainant by the opposite party. It is further contended that all the bills raised by the opposite party against the said electric connection from time to time, have been paid and no amount was outstanding or payable by the complainant against the electric connection in dispute. On 6.12.2016 complainant received a bill No. 1090616A06y1508053 for the period from 28.10.2015 to 6.1.2016 issued by South Sub Division, Amritsar for an amount of Rs. 1,43,130/- which included Rs. 77890/- and Rs. 41026/ as arrears of Misc. and Sundry charges without any explanation and details, which is Ex.C-2. The status of the meter has been shown to be "O" which means that there is no defect in the meter. NO separate demand notice has been sent alongwith the said bill. The demand of alleged Misc. and sundry charges is totally illegal and arbitrary. The complainant visited the office of the opposite party, but they failed to give any satisfactory answer rather they stated that her bill shall be corrected in the next month because their system was going online. So under that pretext the complainant has not deposited the said bill to the opposite party. On 3.3.2016 complainant against received a bill No. 1090616C031231328 for the period from 6.1.2016 to 3.3.2016 issued by the opposite party for a sum of Rs. 85,280/- which included Rs. 27207/- and Rs. 41032/- as Misc. and sundry charges without any explanation and details. The status of the meter is shown "O" which means that there was no defect in the meter. The bill is Ex.C-2. No separate demand notice has been sent alongwith the said bill. The demand of alleged Misc. and Sundry charges is totally illegal and arbitrary. It is, therefore, contended that complaint may be allowed and the opposite party may be restrained from charging an amount of Rs. 27207/- and Rs. 41032/- as Misc. and sundry charges because it is not only violative of the rules and regulations of the PSPCL but also of principles of natural justice and fairplay.
7. But, however , from the appreciation of the facts and circumstances of the case, , it becomes evident that the complainant was not paying the electric bills regularly to the PSPCL. As per copy of statement of account Ex.OP2 pertaining to Khata of the complainant, she has paid Rs. 15000/- on 26.9.2014 , while another sum of Rs. 15000/- has been paid on 23.3.2014 whereas further amount of Rs. 15000/- has been paid on 2.2.2014. Except those payments, the complainant has not paid any amount against the demands raised by the opposite parties vide bills. No doubt bill dated 6.1.2016 for the period from 28.10.2015 to 6.1.2016 has been issued by South Sub Division, Amritsar for an amount of Rs. 143130/- which included Rs. 77890/- and Rs. 41026/- as arrears, has since been corrected and a fresh bill dated 3.3.2016 has been issued to the complainant for the payment of the amount of Rs. 27207/- and Rs. 41032/- in all Rs. 85,280/- payable on account of consumption of electricity made by the complainant. The complainant, being not good customer and she being defaulter in making the payment of the bills regularly to the PSPCL, is not entitled to any relief from this Forum. There is no violation of any rules and regulations as alleged by the complainant. There is no deficiency of service on the part of the opposite parties. Rather the complainant is at fault. As such instant complaint fails and the same is ordered to be dismissed accordingly. 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 : 7.6.2016
/R/ ( S.S.Panesar )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
Member Member
