DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT AT AMRITSAR, PUNJAB.
Complaint Case No : RBT/CC/2018/471
Date of Institution : 03.07.2018/29.11.2021
Date of Decision : 06.06.2022
Sh. Jaswinderpal Singh Prop. of M/s SS Textiles carrying on business at 22 No. Phatak, Islamabad, Amritsar. …Complainant
Versus
Punjab State Power Corporation Limited, through the SDO, Sultanwind Sub Division, Industrial Division, O/s Hall Gate, Amritsar.
…Opposite Party
Complaint U/S 12 of The Consumer Protection Act
Present: Sh. Saurabh Sharma Adv counsel for complainant.
Sh. Munish Menon Adv counsel for the opposite party.
Quorum.-
1. Sh. Ashish Kumar Grover : President
2. Sh. Navdeep Kumar Garg : Member
(ORDER BY ASHISH KUMAR GROVER MEMBER):
The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant Jaswinderpal Singh filed the present complaint under Section 11 and 12 of the Consumer Protection Act against Punjab State Power Corporation Limited, Amritsar. (in short the opposite party).
2. The facts leading to the present complaint as stated by the complainant are that the father of the complainant had obtained an electric connection bearing Account No. 3002878317 under SP category. The complainant is using the said connection for doing job work of for running power looms. The said connection has been used by the complainant with the help of his son for earning his livelihood by way of self employment. The meter of the complainant was already installed outside his premises and its monthly reading always taken by JE. The complainant was received a memo dated 1.3.2018 claiming an amount of Rs. 15,008/- from the opposite party. After receipt of memo the complainant approached the sub division and showed them the previous bills. In reply the opposite party informed that the memo was issued due to defective shunt capacitor installed in his business premises. No notice regarding the removal of defect in shunt capacitor has been received by the complainant. The opposite party threatened to disconnect the connection in case amount not deposit. As per CC No. 26/2016 and ESIM General Condition of Tariff Annexure II Section 4 S-III-8 In case shunt capacitors are found to be missing or damaged a fifteen days notice shall be issued to the consumer for rectification of the same. In case defective capacitors are not replaced/rectified within fifteen days of the issue of notice, surcharge and the rate of 20% on bill amount shall be levied for the proceeding two months and it shall continue to be levied till the defective capacitors are replaced/rectified to the satisfaction of the PSPCL. In case the capacitors are found to be of Inadequate rating, the capacitor surcharge shall be levied on pro rata basis. The memo in question has been issued on the directions of the audit party but as per law the audit party has no right to claim any amount from the consumer. The complainant requested the opposite party to withdraw the memo but to no effect which is deficiency in service. Hence, the present complaint is filed seeking the following reliefs.-
1) The opposite party may be directed to withdraw the impugned memo dated 1.3.2018 of Rs. 15,008/- which amount was subsequently added in the bill dated 21.6.2018 under the head of sundry charges.
2) To pay Rs. 10,000/- on account of compensation for mental agony and harassment.
3) To pay Rs. 11,000/- as litigation expenses.
4) Any other relief to which the complainant is found entitled.
3. Upon notice of this complaint, the opposite party filed written statement taking preliminary objections that as per rules and regulations the consumers were required to maintain the said ratio at 0.90 and in case ratio comes out to be less than the prescribed ratio such consumers were liable to pay power factor surcharge and if the said ratio exceeds the prescribed ratio such consumers were entitled to incentives/rebate in the bill amount. The complainant by keeping the ratio of power factor lower than the prescribed ratio is causing financial loss to the opposite party. The complainant is using the connection for commercial purpose so also the complaint is liable to be dismissed.
4. On merits, it is admitted that electric connection No. 3002878317 is installed under SP category. The memo No. 1346 dated 1.3.2018 claiming an amount of Rs. 15,008/- has been issued by the opposite party to the complainant for non maintenance of power factor as detected by the internal auditor, as per rules and regulations. is legal and as per rules and regulations of the PSPCL. The amount has been charged due to lower power factor. The bill dated 21.6.2018 has been rightly issued by the opposite party. There is no deficiency in service on the part of the opposite party. Lastly, the opposite party prayed for the dismissal of the present complaint.
5. We have heard the learned counsel for the parties and gone through the record on the file.
6. The complainant has alleged that the complainant obtained an electric connection bearing Account No. 3002878317 under SP category. The complainant is using the said connection for doing job work of running power looms. The said connection has been used by the complainant with the help of an employee for earning his livelihood by way of self employment. It also stands proved on record that the meter of the complainant was already installed outside his premises and its monthly reading is always taken by Technical Officer of opposite party i.e. JE-1. The complainant was shocked and surprised to receive a memo No. 1346 dated 1.3.2018 claiming an amount of Rs. 15,008/- from the opposite party.
7. That as per CC No. 26/2016 and ESIM General Condition of Tariff AnnexureII Section 4 S-III-8 “In case shunt capacitors are found to be missing or inoperative or damaged a fifteen days notice shall be issued to the consumer for rectification of the same and setting right the same. In case defective capacitors are not replaced/rectified within fifteen days of the issue of notice, surcharge and the rate of 20% on bill amount shall be levied for the proceeding two months and it shall continue to be levied till the defective capacitors are replaced/rectified to the satisfaction of the PSPCL. In case the capacitors are found to be of Inadequate rating, the capacitor surcharge shall be levied on pro rata basis. Moreover, memo No. 1346 dated 1.3.2018 has been issued on the directions of the audit party but as per law the audit party has no right to claim any amount from the consumer.
8. On the other hand the opposite party alleged that the consumers are required to maintain the PF Ratio at 0.90 and in case said ratio comes out to be less to the prescribed ratio such consumers are liable to pay power factor surcharge and if the said ratio exceeds the prescribed ratio such consumers are entitled incentives/rebate in the bill amount. The bills issued by the department to the consumers including the complainant contained a column in which the power factor ratio is specifically mentioned and as such the complainant was aware of the fact that the power factor is not being maintained by him. However, complainant has nowhere alleged that he had no knowledge about the maintenance of power factor and he had no knowledge about the prescribed ratio of power factor which was required to be maintained by him. The only ground propounded by the complainant in the present complaint is that the opposite party has not issued 15 days notice to the complainant before raising the impugned demand.
9. From the appreciation of facts and circumstances of the case the only case of the complainant that the opposite party issued memo No. 1346 dated 1.3.2018 for an amount of Rs. 15,008/- on the direction of the audit party. Copy of memo is Ex.C-2. When on the receipt of said memo the complainant approached the opposite party, the opposite party informed that the memo was issued due to in operative/defective shunt capacitor. The complainant alleged that no separate notice regarding the removal of the defect in the shunt capacitor was received by the complainant which was against the circular of the opposite party vide CC No. 26/2016 and ESIM (General Condition of Tariff). However, perusal of the file shows that no such 15 days notice was ever issued to the complainant before raising said demand vide memo No. 1346. Rather it stands proved on record that on the representation made by the Association Ex.C-3 to the Chief Engineer, Border Zone PSPCL, Amritsar which was marked to the SDO, Civil Lines, Amritsar and who further wrote a memo No. 1699 dated 28.3.2018 to Assistant Accounts Officer, Mall Audit Party, Civil Lines Division, Amritsar in which it has been requested to AAO to reconsider their decision as the same is beyond the purview of ESIM. Copy of the memo is Ex.C-4.
10. Reliance has placed upon Dakshin Haryana Bijli Vitran Nigam Limited and Anr Versus Rajji Bai 2009 (1) CLT-526 wherein it has been held by Hon'ble Haryana State Consumer Disputes Redressal Commission in para No. 5 of the orders that.-
“It is regular feature in the Electricity Board that Audit Parties audit the consumer's account and penalty is imposed whenever any discrepancy is pointed out by the Audit Party. It is understood that whenever any discrepancy is pointed out by the Audit Party the SDO concern is required to check the report but in practice the penalty is imposed without any cross checking by the SDO concerned. Before imposing penalty etc. notice is required to be given to consumer to explain his position.”
11. Further, reliance has been placed upon M/s Kundan Mill Board and Paper Mills and another Versus Punjab State Electricity Board, Patiala and others 2014(2) Civil Court Cases-44 of the Hon'ble Punjab and Haryana High Court wherein it has been held as under.-
“We may notice that any internal audit objection is only an opinion and cannot be itself a justification for raising of a supplementary or initial bill.”
12. In view of the above discussion and law laid down mentioned above, present complaint is partly allowed and opposite party is directed to withdraw the memo No. 1346 dated 1.3.2018 for Rs. 15,008/- which was subsequently added in the bill dated 21.6.2018 as sundry charges. Opposite party is also directed to adjust the amount if any deposited by the complainant against the said memo/sundry charges in future bills. Opposite party is further directed to pay Rs. 3,000/- as compensation to the complainant for mental tension and harassment and Rs. 2,000/- as litigation expenses. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order will be supplied to the parties by the District Consumer Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar.
ANNOUNCED IN THE OPEN COMMISSION:
6th Day of June 2022
(Ashish Kumar Grover)
President
(Navdeep Kumar Garg)
Member
