DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  BARNALA, CAMP COURT AT AMRITSAR, PUNJAB.

 

Complaint Case No : RBT/CC/2018/17

Date of Institution : 08.01.2018/29.11.2021

Date of Decision : 18.07.2022

S. Khajinder Singh s/o S. Mohinder Singh near Ram Mandir Kot Atma Ram, Amritsar.  

  …Complainant

Versus

Punjab State Power Corporation Limited, through the SDO, Industrial Division, Amritsar. 

…Opposite Party

Complaint U/S 11 and 12 of The Consumer Protection Act 1986 as amended up to date

Present: Sh. SK Sharma Adv counsel for the complainant.

Sh. Vijay Sharma Adv counsel for opposite party.  

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Smt. Urmila Kumari : Member

(ORDER BY URMILA KUMARI 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 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 complainant has obtained one electric connection bearing Account No. 3002880670 under SP category from the opposite party. The complainant had obtained the connection for running his business to earn his livelihood by way of self employment. In the month of December 2017 some officials of the opposite party came to the business premises of complainant for disconnecting his electric supply. The complainant raised hue and cry and asked for the details then the officials of the opposite party returned back and asked the complainant to meet their higher officials in this regard. So the complainant rushed to the higher officials of the opposite party who handed over a memo No. 2783 dated 21.12.2017 of an amount of Rs. 95,337/- on the pretext that from 8/15 to 11/15 the complainant has consumed 2029 units whereas during the same months of previous years the complainant consumed 15370 units. So the opposite party after deducting 2029 units from 15370 units and asked the complainant to pay Rs. 95,337/- for 13341 units which is not at all payable by the complainant. The opposite party issued this memo illegally only to harass the complainant. The complainant went so many times to the office of the opposite party for the withdrawal of the said memo but they did not care to listen the complainant rather threatened to disconnect the connection permanently. Even the demand made through the said memo was beyond the period of limitation. The act of the opposite party is deficiency in service and unfair trade practice on their part. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to withdraw the impugned memo No. 2783 dated 21.12.2017 or in alternative it may be set aside being wrong and illegal and not to add this amount in the future bills of the complainant and to issue regular bills to him in future on the basis of actual reading.  

2) To pay Rs. 50,000/- to the complainant on account of compensation for mental pain and agony. 

3) To pay Rs. 22,000/- as cost of legal expenses.

4) Any other relief to which the complainant is found entitled. 

3. Upon notice of this complaint, the opposite party filed written version taking preliminary objections on the grounds that the present complaint is not maintainable as the complainant had obtained industrial connection for running industry and is carrying on commercial activities and has employed labour and other persons in his factory so the complainant is not a consumer of the opposite party. The complainant has not come to this Commission with clean hands.

4. On merits, it is admitted that the complainant had obtained electricity connection under SP Category from the opposite party. The meter of the complainant under industrial connection small power category was replaced on 23.11.2015 due to burnt was checked in the ME Lab Verka vide ECR No. 55/2313 on 30.12.2017. The meter of the complainant remained burnt from 28.7.2015 to 23.11.2015 and in this period average of 2029 units was charged to the consumer by computer whereas while checking the meter in ME Lab and analyzing the previous consumption data the Addl. SE Enforcement II Amritsar instructed to charge the average of 8/2015 to 11/2015 as per corresponding previous year month recorded consumption was 15370 units hence the difference 15370-2029, 13341 units amounting to Rs. 93,427/- and Rs. 1910/- the cost of meter totaling Rs. 95,337/- was charged to the consumer as per rules and regulations of the Board. The opposite party fully explained the calculations to the complainant. It is denied that the demand is beyond the period of limitation. The opposite party is empowered to disconnect the connection if consumer fails to pay the due electricity charges to the department. The opposite party lastly prayed for the dismissal of the present complaint with costs.   

5. In support of his complaint, the complainant tendered in evidence his affidavit Ex.C-1, copy of memo No. 2783 dated 21.12.2017 Ex.C-2 and closed the evidence. 

6. To rebut the case of the complainant the opposite party  tendered in evidence affidavit of Kawalpreet Singh AE Ex.OP-1, copy of checking report Ex.OP-2, copy of supply code Ex.OP-3 and closed the evidence.

7. We have heard the learned counsel for the parties and have gone through the record on the file carefully.

8. The brief facts of the case are that the complainant has an electric connection bearing Account No. 3002880670 under SP category to earn his livelihood from the opposite party. In the month of December 2017 the complainant received a memo No. 2783 dated 21.12.2017 for an amount of Rs. 95,337/- on the pretext that from 8/15 to 11/15 the complainant has consumed 2029 units whereas during the same months of previous year the complainant consumed 15370 units. So the opposite party after deducting 2029 units from 15370 units asked the complainant to pay Rs. 95,337/- for 13341 units. It is alleged by the complainant that the opposite party issued this memo illegally and unlawfully. 

9. In reply the opposite party has admitted that the meter of account No. 3002880670 under SP category was replaced on 23.11.2015 as it got burnt. The burnt meter was checked in the ME Lab Verka vide ECR No. 55/2313 on 30.10.2017 as per Ex.OP-2. The meter of the complainant remained burnt from 28.7.2015 to 23.11.2015. During this period the average of 2029 units was charged to the consumer by computer whereas while checking the meter in ME Lab and analyzing the previous consumption data the Addl. SE Enforcement II Amritsar instructed to charge the average of 8/2015 to 11/2015 as per months of  corresponding previous year. The recorded consumption was 15370 units hence the difference 15370-2029, 13341 units amounting to Rs. 93,427/- and Rs. 1910/- the cost of meter totaling Rs. 95,337/- was charged to the consumer as per rules and regulations of the Board. The notice No. 2783 dated 21.12.2017 amount is chargeable as per Rule 21.4 (2) (II) of Supply Code of PSPCL which is as under.- 

“The accounts of a consumer will be overhauled for the period a burnt meter remained at site and for the period of direct supply, on the basis of energy consumption of the corresponding period of the previous year.”

The complainant has not filed any document or evidence to rebut the claim of the opposite party and the amount charged by the opposite party is legal and genuine as per Supply Code of Punjab State Power Corporation Limited. 

10. From the above discussion, it is clear that there is no negligence or carelessness or deficiency in service on the part of the opposite party. The amount charged from the complainant is correct. The opposite party officials have fully explained the correct position and calculations to the complainant as per Ex.OP-2 so the complaint has no merit and same is dismissed. However, no order as to costs  or compensation. Copy of the order will be supplied to the parties by the District Consumer Disputes Redressal Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

        18th Day of July 2022

 

            (Ashish Kumar Grover)

            President

              

(Urmila Kumari)

Member