THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 176 of 2015
Date of Institution : 25.3.2015
Date of Decision : 13.08.2015
Jatinder Singh aged about 56 years son of Sh. Balbir Singh, resident of Mohalla Ram Nagar, Near Pathania Hospital, Tehsil Ajnala and District Amritsar
...Complainant
Vs.
The Punjab State Power Corporation Ltd., through its Chairman, The Mall, Patiala
The Punjab State Power Corporation Ltd, through its Executive Engineer/SDO, Sub Division, Ajnala Tehsil Ajnala District Amritsar
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh. Ramandeep Bhullar,Advocate
For the opposite parties : Sh.Anil Sharma,Advocate
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
-2-
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Jatinder Singh under the provisions of the Consumer Protection Act alleging therein that complainant is the beneficiary of electricity connection vide account No. A11BA130066F which was installed in the name of Sh. Harbhajan Singh, father-in-law of the complainant. According to the complainant after the death of Harbhajan Singh, he has been using the said electric connection and paying the electricity bills regularly. On 27.1.2015 at about 12.00 noon the officials of opposite party No. 2 came at the residence of the complainant at Mohalla Ram Nagar, Near Pathania Hospital, Ajnala and they forcibly cut the electric supply to the house of the complainant inspite of showing all the receipts of the paid bills by the complainant, the officials of opposite party No.2 did not pay any heed to the request of the complainant. The complainant then lodged complaint to opposite party No.1 through Toll free Number and then the electric supply of the complainant was connected. The complainant also served legal notice dated 5.2.2015 upon the opposite party. Opposite party No.2 has also issued a demand notice bearing No. 207 dated 6.2.2015 raising a demand of Rs. 30644/- as default amount of account No. BA13/0033 which does not belong to the complainant. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to withdraw the illegal demand notice bearing No. 207 dated 6.2.2015. Compensation of Rs. 50000/- alongwith litigation expenses were also demanded.
2 On notice, opposite party appeared and filed written version in which it was submitted that the complainant did not deposit the electricity bill in the office of Sub Divisional Ajnala . When the list of defaulters was prepared , the name of the complainant was also entered in that list and as such the electric supply to the aforesaid electric connection was disconnected, when the complainant was not present at the spot nor any Representative of the complainant produced the receipt regarding the payment of the electricity bill. It was submitted that when the complainant gave information on phone that he paid the electricity bill through online facility, his electricity supply was restored . It was further submitted that in the same premises one electric connection bearing account No. BA13/0033 was installed in the shop of the complainant and an amount of Rs. 30644/- was still outstanding against this account. In this regard a detailed notice vide memo No.207 dated 6.2.2015 was issued to the complainant according to rules and regulations of the opposite party in which the complainant was asked to produce the documents of title regarding the shop. While denying and controverting other allegations, dismissal of complaint was prayed.
3 Complainant tendered into evidence his affidavit Ex.C-1 alongwith documents Ex.C-2 to Ex.C-9.
4 Opposite party tendered affidavit of Sh.Sharanjit Singh Virdi ,SDO Ajnala Ex.OP1, copy of letter dated 6.2.2012 Ex.OP2, copy of ledger Ex.OP3, copy of notice Ex.OP4.
5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for the parties.
6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties , it is clear that complainant is the consumer of electricity being beneficiary vide account No. A11BA130066F,. The complainant submitted that he has been paying the electricity bills regularly. On 27.1.2015 at about 12.00 noon, the officials of opposite party No. 2 came at the residence of the complainant at Mohalla Ram Nagar, Near Pathania Hospital, Ajnala and they forcibly disconnected the electric supply to the house of the complainant . Inspite of showing all the receipts of the paid bills by the complainant, the officials of opposite party No.2 did not pay any heed to the request of the complainant. The complainant then lodged complaint to opposite party No.1 through Toll free Number and then the electric supply of the complainant was restored. The complainant also served legal notice dated 5.2.2015 Ex.C-6 upon the opposite party. Not only this the opposite party issued demand notice bearing No. 207 dated 6.2.2015 Ex.C-9 to the complainant raising illegal demand of Rs. 30640/- as default amount of account No. BA13/0033 which does not belong to the complainant and the opposite party also threatened that in case the complainant did not deposit this amount within 7 days, the same shall be charged from the complainant in regular electricity consumption bill. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party qua the complainant.
7 Whereas case of the opposite party is that the complainant did not deposit the electricity bill in the office of Sub Divisional Ajnala . When the list of defaulters was prepared , the name of the complainant was also entered in that list. Resultantly the electric supply to the aforesaid electric connection was disconnected, when the complainant was not present at the spot nor any representative of the complainant produced the receipt regarding the payment of the electricity bill. However, the complainant had paid the electricity bill through online. But the information was not received by opposite party No.2, as the receipt of online bill payment was received after more than one month and when the complainant produced the said receipt, the electric connection was reconnected within 30-35 minutes. Opposite party further submitted that in the same premises one electric connection vide account No. BA13/0033 was installed in the shop and an amount of Rs. 30640/- was still outstanding against that account. Resultantly notice bearing No. 207 dated 6.2.2015 Ex.OP2 was issued to the complainant in which the complainant was asked to produce the documents of title regarding the said shop. Ld.counsel for the opposite party submitted that in these circumstances there is no deficiency of service on the part of the opposite party qua the complainant.
8 It may be mentioned here that Sh.Sharanjit Singh,SDO Ajnala Sub Division of the opposite party appeared on 12.8.2015 and got recorded his statement that on the basis of notice dated 6.2.2015, Ex.OP2 they are not charging this amount of Rs. 30644/- from the complainant and they shall charge this amount from the proper person after filing proper procedure as per rules and regulations of the opposite party. He further stated that electric connection of the complainant was disconnected on 27.1.2015 as the complainant did not deposit the amount of the electricity bill nor the complainant or his representative could produce any receipt in this regard. When the complainant produced the receipt of payment of the said bill, opposite party officials restored the electric connection of the complainant within 30-35 minutes.
9 From the entire above discussion, we have come to the conclusion that the complainant is the beneficiary of the electricity connection bearing account No.A11BA130066F. There is no dispute that the complainant has been paying all the electricity bills regularly. However, there was dispute regarding the payment of last bill dated 23.12.2014 Ex.C-3 for Rs. 4370/- . The complainant as per receipt Ex.C-2 dated 1.1.2015 deposited this amount of Rs. 4370/- with the opposite party. But the opposite party did not check their account and went to the house of the complainant to disconnect the aforesaid electric connection. No doubt at that time the receipt was not immediately available with the person present at the house of the complainant and the opposite party disconnected the aforesaid electric connection. However, when the complainant/his representative produced the receipt Ex.C-2 dated 1.1.2015 regarding the payment of the amount of the aforesaid bill Rs. 4370/-, the opposite party reconnected the electricity supply to the premises of the complainant within 30-35 minutes. But all this shows the deficiency on the part of the opposite party because the opposite party was not justified in disconnecting the electric connection of the complainant. The complainant had already deposited the amount of the bill in question Ex.C-3 dated 23.12.2014 which was due upto 7.1.2015. But the complainant has made the payment of this bill on 1.1.2015 as is evident from the receipt Ex.C-2. The officials of the opposite party without checking their own record i.e. without following proper procedure, disconnected the aforesaid electric connection of the house of the complainant. As a result of which the complainant has been unnecessarily harassed atleast for 30-35 minutes and he had also faced awkward position in the neighbourhood because the electric connection of the house of the complainant was disconnected because of non payment of electricity bill, whereas the complainant had already deposited this amount with the opposite party. So certainly the opposite parties are in deficiency of service qua the complainant. As such they are liable to pay compensation to the complainant for this harassment/mental agony suffered by the complainant.
10. As regards the notice dated 6.2.2015 Ex.OP2/Ex.C-9 the opposite party has issued this notice to the complainant to the effect that there is shop in the same premises having electric connection bearing account No. BA13/0033 against which an amount of Rs. 30644/- is outstanding as electric consumption charges. The said shop is lying closed . Opposite party has gathered information that this shop belongs to the complainant. So the complainant was requested to produce the documents regarding the ownership of the said shop otherwise to deposit the aforesaid amount within 7 days ; failing which the said amount shall be charged in the aforesaid account of the residence of the complainant bearing account No. BA13/0066. However, SDO Sharanjit Singh got recorded his statement in this Forum dated 12.8.2015 that opposite party is not charging this amount from the complainant as a result of this notice dated 6.2.2015 Ex,.OP2/C-9. So there is no dispute regarding this notice as opposite party No.2 has itself withdrawn this notice Ex.OP2/Ex.C-9 through the aforesaid statement of SDO, in the Forum dated 12.8.2015.
11. However, the opposite party has disconnected the electric connection bearing account No.A11BA130066F of the house of the complainant without any fault of the complainant and thereby harassed the complainant and he has to suffer mental agony in the neighbourhood.
12. Resultantly, we partly allow this complaint and the opposite party No.2 is directed to pay compensation of Rs. 2500/- and litigation expenses Rs. 1000/- to the complainant. 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.
13.8.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
