THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Consumer Complaint No. 406 of 2014

Date of Institution : 25.7.2014

Date of Decision : 26.08.2015

Smt.Nirmala Rani W/o Sh. Dharampal , 76/9, New Pawan Nagar, Batala Road, Amritsar

...Complainant

Vs.

Punjab State Power Corporation Ltd., through its SE (Suburban), Maqbool Road,

Amritsar

....Opp.party

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainant : Sh.Updip Singh,Advocate

For the opposite party : Sh.N.S.Sandhu,Advocate

Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &

Sh.Anoop Sharma,Member

Order dictated by :-

Bhupinder Singh, President

1 Present complaint has been filed by Smt. Nirmala Rani under the provisions of the Consumer Protection Act alleging therein that an electric connection bearing account No. A21PE350393H with sanctioned load of 7.82 KW under DS category has been installed in the name of Punjab Singh from whom the complainant has purchased the abovesaid property. According to the complainant she has been making payment of the electricity bills regularly and no amount is outstanding towards her. Opposite party issued a bill dated 15.7.2014 for Rs. 70,800/- in which Rs. 42642/- has been shown as sundry charges . On receipt of bill complainant approached the opposite party for correction of the 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 15.7.2014 . Compensation of Rs. 25000/- alongwith litigation expenses were also demanded.

2. On notice, opposite party appeared and filed written version in which it was submitted that the meter installed at the premises of the complainant was burnt and the same was changed and removed, meter was duly packed and sealed and was sent to ME Lab for its checking. At the time of removal of meter, the reading was upto 025521 and the bill was made upto 11598 reading and thus the consumer was liable to pay consumption charges of 13923 units. The complainant gave her consent for checking of meter in the ME Lab in her absence and accordingly the meter was checked in ME Lab and it was found OK and checking report in this respect was prepared . On the basis of checking report memo No. 580 dated 30.6.2011 was issued to the complainant claiming Rs. 42642/- from the consumer as actual consumption charges of 13923 units. The complainant failed to comply with the said notice and therefore the said amount has been added in the impugned bill dated 15.7.2014 and there is no deficiency of service .

3. Complainant tendered into evidence her affidavit Ex.C-1, copy of sale deed Ex.C-2, copy of impugned bill Ex.C-3.

4. Opposite party tendered affidavit of Sh. Vijay Kumar,SDO Ex.OP1, copy of memo Ex.OP2, copy of ME Lab report Ex.OP3, copy of enforcement site report 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 vide account No.A21PE350393H under DS category with sanctioned load of 7.82 KW in the name of Punjab Singh from whom the complainant has purchased the premises in question vide sale deed Ex.C-2. The complainant submitted that she had been making payment of all the electricity bills issued by the opposite party regularly without any default. However, he received the impugned bill dated 15.7.2014 Ex.C-3 for a sum of Rs. 70,800/- in which the opposite party has charged Rs. 42642/- under head sundry charges without any details. The complainant approached the opposite party to correct this bill, but the opposite party did not pay any heed to the request of the complainant. 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 meter installed at the premises of the complainant was burnt and the same was changed and old meter was removed from the premises of the complainant which was duly packed and sealed and was sent to ME Lab for its checking. The reading of the removed meter was 025521. The bill was made to the complainant upto 11598 reading and as such complainant was liable to pay the consumption charges of balance units of 13923 (25521-11598=13923 units). Consumer gave consent for checking of the meter in ME Lab in his absence. Resultantly the meter was checked in ME lab Verka on 19.6.2014 and as per the report Ex.OP4 of the ME lab the meter was found “OK . Resultantly memo bearing No. 580 dated 30.6.2011 Ex.OP2 was issued to the complainant requiring the complainant to pay this amount of the balance units amounting to Rs. 42642/- to the opposite party within the stipulated period or to file objections, if any ; failing which this amount shall be charged in the current consumption bill of the complainant. But the complainant neither deposited this amount nor filed any objections, as such this amount of Rs. 42642/- was charged in the current consumption bill of the complainant Ex.C-3 as sundry charges. Ld.counsel for the opposite party submitted that they have charged this amount from the complainant in accordance with law and after providing proper and full opportunity to the complainant. So 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 is the consumer of electricity vide account No. A21PE350393H with sanctioned load of 7.82 KW under DS category. The complainant has challenged bill Ex.C-3 dated 15.7.2014 for Rs. 70,800/- in which the opposite party has claimed Rs. 42,642/- under the head sundry charges. The meter installed at the premises of the complainant was burnt and it was removed and the opposite party produced on record copy of MCO duly certified by ALM and JE of the opposite party because the original was not traceable. The said meter was duly packed and sealed and was sent to ME Lab for its checking. The consumer gave consent for checking of the meter in ME Lab in her absence. Resultantly the meter was checked in the ME Lab on 19.6.2014 and as per report of ME Lab Ex.OP4 the meter was found OK. The reading of the meter was 25521. The complainant has paid bill upto the reading 11598. As such the complainant was required to pay the consumption charges of balance units 13923 (25521-11598=13923 units), the amount of which comes to Rs. 42642/-. Resultantly the opposite party issued notice vide memo No. 580 dated 30.6.2011 Ex.OP2 requiring the complainant to pay this amount of the balance units i.e. Rs. 42642/- to the opposite party within the stipulated period mentioned in the notice or to file objections, if any ; otherwise this amount shall be charged in the current consumption bill of the complainant. But the complainant neither deposited this amount with the opposite party nor filed any objections. As such the amount of Rs. 42642/- was charged in the current consumption bill of the complainant Ex.C-3 under the head sundry charges. Opposite party has charged this amount for the actual consumption of electricity made by the complainant and that too as per rules and regulations of the opposite party and after giving proper opportunity to the complainant either to deposit this amount or to file objections, if any i.e. he has been given proper opportunity of being heard.

9. Consequently we found that there is no deficiency in service on the part of the opposite party qua the complainant. As such the complaint is without merit and the same is hereby dismissed with no order as to costs. 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.

26.08.2015 ( Bhupinder Singh )

President

( Kulwant Kaur Bajwa) (Anoop Sharma)

/R/ Member Member