DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 394-14
Date of Institution : 23.7.2014
Date of Decision : 25.2.2015
Narinderjit Singh son of Avtar Singh, care of Diamond Ice Factory, resident of Near Manjit Palace, Fatehgarh Churian Road, Majitha, District Amritsar
...Complainant
Vs.
Punjab State Power Corp.Limited Enforcement Wing, through its XEN, Sarvejit Sharma, PSPCL Urban, Majitha I,Amritsar
Punjab State Power Corp.Limited Enforcement Wing, through its SDO, Majitha I, Tehsil and District Amritsar
Punjab State Power Corp.Limited Enforcement Wing, through its Chairman, The Mall, Patiala
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
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Present : For the complainant : Sh.Rajan Sanyal, Adv
For the opposite parties : Sh. Anil Sharma,Adv.
Quorum : Sh. Bhupinder Singh, President,
Ms.Kulwant Kaur Bajwa,Member & Sh.Anoop Sharma,Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Narinderjit Singh under the provisions of the Consumer Protection Act alleging therein that he is running ice factory in which he has installed electric connection bearing account No. SP 83/0229 for self employment. According to the complainant he has been making the payment of electricity bills regularly. On 4.6.2014 the opposite party alongwith other staff visited the premises of the complainant and ECR No. 98/9125 dated 4.6.2014 was prepared . The red phase of three phase meter was found melt. The complainant requested the opposite party to change the meter and the new meter was installed on 28.6.2014 in the premises of the complainant. But the complainant was never called in the ME Lab for inspection of the meter . Thereafter memo No. 1355 dated
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2.7.2014 was issued demanding Rs. 28646/- for the period of January 2014 to June 2014. The complainant requested the opposite parties so many times not to recover such amount , but the opposite parties did not pay any heed to the request of the complainant rather issued another bill of Rs. 69,710/- to the complainant on average basis of last year consumption. On receipt of the bill dated 16.7.2014 of Rs. 69,710/- the complainant approached the opposite party to enquire about the inflated bill, but to no avail. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to withdraw the impugned bill dated 16.7.2014 of Rs. 69710/- and memo No. 1355 dated 2.7.2014 demanding Rs. 28646/-. Compensation of Rs. 10000/- alongwith litigation expenses were also demanded.
2. On notice, opposite party appeared and filed written version in which it was submitted that as the complainant is running an ince factory under the name and style of Diamond Ice Factory and using electricity connection bearing account No. SP 83/229, as such the complaint being a commercial one, the same does not fall in the category of consumer under the Consumer Protection Act 1986. It was submitted that meter of the complainant was got checked on 4.6.2014 by Sr.XEN Enforcement namely Sarabjit Sharma and other staff and during the said checking it was found that the red phase of the meter was melt and due to this the supply of red phase was not being recorded by the electricity meter but the supply of yellow
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and blue phase were being recorded by the meter. A detailed checking report was prepared by the officials of the opposite party in the presence of the representative of the complainant and a copy of the same was supplied to the complainant on which the complainant duly signed the same. On the basis of checking the opposite party charged Rs. 28646/- of 4326 units of the bill on the basis of last 6 months consumption and memo No. 1355 dated 2.7.2014 in this regard was issued to the complainant. The complainant never challenged this memo. In the month of June 2014 due to change of meter bill on average basis was issued for 10364 units on the basis of the last year consumption and the same was charged from the complainant according to rules and regulations of the opposite party. Hence, bill dated 16.7.2014 is based on the actual consumption made by the complainant and there is no deficiency of service on the part of the opposite party. 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 C-12.
4. Opposite party tendered into evidence affidavit of Sh.J.S.Sandhu,SDO Ex.OP1, copy of complaint Ex.OP2, copy of checking report Ex.OP3, copy of notice Ex.OP4, copy of MCO Ex.OP5, copy of consumption data Ex.OP6.
5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsels for both the parties and have appreciated the evidence
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produced on record by both the parties with the valuable assistance of the ld.counsels for both 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 has electric connection in his factory named Diamond Ice Factory at Fatehgarh Churian Road, Majitha and is using the electricity with account No. SP83/0229. The complainant alleges that he has been making payments of all the electricity bills to the opposite party regularly without any default. On 4.6.2014 the XEN Enforcement Wing of the opposite party alongwith other staff visited the premises of the complainant and ECR No.98/9125 dated 4.6.2014 Ex.C-4 was prepared. The red phase of three phase meter was found melt. The complainant requested the opposite party to change the meter. Resultantly new meter was installed on 28.6.2014. But the old meter was not checked in the ME Lab nor the complainant was called in ME Lab for the checking of the meter. Thereafter opposite party issued memo No. 1355 dated 2.7.2014 Ex.C-5 and the complainant was asked to deposit Rs. 28646/- for the period of January 2014 to June 2014. The complainant alleges that the demand raised by the opposite party through this memo is totally illegal and baseless. The complainant approached the opposite party but the opposite party instead of correcting the aforesaid memo issued another bill dated 16.7.2014 Ex.C-2 of Rs. 69710/-. Ld.counsel for the complainant submitted that this demand raised by the opposite
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party is totally illegal and the opposite party did not correct the bill despite requests made by the complainant and all this amounts to deficiency of service on the part of the opposite party qua the complainant.
7. Whereas the case of the opposite party is that the present complaint is not maintainable as the complainant has also filed civil suit against the opposite party on the same cause of action having same subject matter in dispute which is pending in the court of Sh. Amardeep Singh, Civil Judge,Amritsar copy of the said plaint is Ex.OP2. The opposite party further submitted that the electricity meter of the complainant was checked by the board officials on 4.6.2014 i.e. by Sr. XEN Enforcement and it was found that the red phase of the electricity meter was melt and due to this, the supply of red phase was not being recorded by the meter but the supply of yellow and blue phases was being recorded. Report to this effect was prepared which is Ex.C-4 duly signed by the complainant. On the basis of this checking by the enforcement agency of the opposite party, the opposite party charged 4326 units of bill i.e. Rs. 28646/- on the basis of last six months consumption and in this regard detailed memo No. 1355 dated 2.7.2014 Ex.C-5 was issued to the complainant. The complainant never challenged this memo. Consequently in the month of June 2014 due to change of meter bill on average basis was issued for 10364 units on the basis of the consumption of electricity for the corresponding period of last year as per rules and regulations of the opposite
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party. Bill dated 16.7.2014 is based on the actual consumption made by the complainant. Ld.counsel for the opposite party submitted that there is no deficiency of service on the part of the opposite party qua the complainant.
8. From the entire above discussion we have come to the conclusion that the complainant has connectin of NRS category for his Diamond Ice Factory bearing account No. SP83/0229. The checking of the meter of the complainant was conducted by the Sr. XEN Enforcement alongwith other staff members of the opposite party on 4.6.2014 and it was found that red phase of the meter of the complainant was melt and due to this supply of red phase was not being recorded by the meter whereas supply of yellow and blue phases was being recorded by the meter. This checking was done by the enforcement staff of the opposite party in the presence of the complainant and this report dated 4.6.2014 Ex.C-4 was duly signed by the complainant. Resultantly the opposite party charged for extra 4326 units from the complainant as the consumption of red phase was not being recorded by the meter of the complainant. In this regard memo No. 1355 dated 2.7.2014 Ex.,C-5 was issued to the complainant asking the complainant to deposit Rs. 28646/- within 7 days or to submit objections, if any. But the complainant instead of filing objections before the opposite party, filed the present complaint. The opposite party has charged this amount legally through this memo Ex.C-5 because the consumption of the period 1/2014 to 6/2014 of this meter was recorded as 8651
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units of 2 phases only. So the opposite party was justified in charging 4326 units of red phase of the meter as the red phase of the meter was found melt the consumption of this phase was not being recorded by the meter. So the opposite party was justified in issuing memo for the recovery of Rs. 28646/- from the complainant.
9. As regards bill dated 16.7.2014 Ex.C-2 this bill is totally based on the actual consumption made by the complainant. The complainant is running ice factory and this bill is for the period from 26.5.2014 to 26.6.2014 which is the peak period for the preparation/manufacturing of ice as it is a bill of consumption of 10364 units. The complainant could not point out any defect in this bill and the demand raised by the oppsoite party through this bill.
10. Consequently we hold that complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
11. Case could not be disposed of within the stipulated period due to heavy
pendency of the cases in this Forum.
25.2.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
