Before the District Consumer Disputes Redressal Forum, Amritsar.

Complaint No.93-14

Date of institution : 18.2.2014

Date of decision : 11.3.2015

Parminder Singh son of Sh.Darbara Singh r/o H.No.57, Guru Harkrishan Nagar, Kot Khalsa, Amritsar.

..............Complainant

Versus

Assistant Executive Engineer, West Commercial Sub Division, Punjab State Power Corporation Limited, Opposite OCM Mill, Khandwala, Amritsar.

...............Opposite party

Complaint under section 12 & 13 of the Consumer Protection Act

Present : For the complainant : None

For the opposite party : Mr.R.K.Sehgal

QUORUM : Sh.Bhupinder Singh, President, Sh.Anoop Sharma, Member, Ms.Kulwant Kaur Bajwa, Member

Order Dictated by :

Sh.Bhupinder Singh, President

1 Present complaint has been filed by Sh.Parminder Singh under the provisions of Consumer Protection Act alleging therein that he is a consumer of electricity bearing Account No.A25KW481777M under domestic category. Electric meter was installed on 22.2.2012 at his house. It was alleged that meter was showing reading of 11305 units at the time of installation and during the period from 22.2.2012 to 9.4.2013, opposite party did not supply any bill to the complainant despite the fact that meter reader visited the premises of the complainant several times to record the

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reading. On 9.4.2013, the opposite party sent bill of Rs.91350/- for 13642 units to the complainant. On receiving the said bill, the complainant made representation to the opposite party on 9.4.2013 with a request to rectify the bill. The opposite party deputed one Junior Engineer named Jasbir Singh for the inspection of the meter and report. The inspecting Officer Sh.Jasbir Singh visited and inspected the spot and made a report on 20.4.2013 that there is a discrepancy in the bill as the meter was installed at the running units of 11305. The opposite party rectified the bill and asked the complainant to deposit a sum of Rs.15527/- for 2337 units by deducting 11305 units from the bill of 13642 units. It was further alleged that the complainant belonged to Scheduled Caste category and is liable to avail concession of 200 units per month as per Punjab Government Scheme. It was further alleged that the electric meter installed at the house of the complainant on 22.2.2012 and bill was sent to him on 9.4.2013 for 14 months in lumpsum and during these 14 months, the complainant had consumed only 2337 units whereas he is entitled to concession of 2800 units as per the scheme of Punjab Government. Therefore,he is not required to pay anything to the opposite party. The complainant further alleges that he deposited Rs.5000/- under protest on 20.11.2013. The complainant also served legal notice dated 29.4.2013 upon the opposite party. The opposite party has given concession of Rs.1748/- in the present bill whereas he is entitled to concession since the very beginning i.e.22.2.2012. While alleging deficiency in service, the complainant has filed the present complaint seeking directions to the opposite party to remit the amount of Rs.17940/- as per the scheme of the Punjab Government and compensation of Rs.50000/- alongwith litigation expenses of Rs.20000/-.

2 On notice, opposite party appeared and filed written version in

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which it was admitted that the complainant is a consumer of electric connection bearing No.KW48/1777 under DS category and having sanctioned load of 1 KW running in the name of the complainant. It was further admitted that bill of Rs.91350/- was issued by the opposite party on 13642 units which was not deposited by the complainant. On the request of the complainant, a JE was sent at the site by the SDO concerned to verify the exact position and then on the report of the JE, the bill of the complainant was rectified and the complainant was asked to deposit Rs.15527/- on 2337 units instead of Rs.91350/- on 13642 units as demanded earlier by the opposite party but the payment was also not made by the complainant. It was also admitted that complainant belongs to schedule Caste category and as per the policy of the Punjab Govt., a concession of 200 units are being given to the members of scheduled caste community. It was also admitted that electric connection of the complainant was installed and the complainant has deposited Rs.5000/- as part payment to the opposite party on 20.11.2013. It was submitted that on the request of the complainant, his all the bills since the date of installation of his electric connection i.e.22.2.2012 has been adjusted on the satisfaction of the complainant, so the complainant verbally assured to the opposite party that he will withdraw the present complaint against the opposite party on the next date of hearing. While denying and controverting other allegations, the opposite party has prayed for the dismissal of the complaint.

3 Complainant tendered his duly sworn affidavit ex.C-1, copy of the application ex.C-2, copy of certificate of schedule caste ex.C-3, copy of circular regarding revision of tariff w.e.f.1.4.2012 ex.C-4, copy of payment receipt ex.C-5, copy of bill ex.C-6.

4 Opposite party tendered affidavit of Sh.Pawan Kumar, SDO

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ex.OP1.

5 We have carefully gone through the pleadings of the parties, arguments advanced by counsel for the opposite party and have appreciated the evidence produced on record by both the parties with their valuable assistance.

6 From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it stands proved on record that complainant is consumer of electricity vide Account No. A25KW481777M. This electric connection was installed at the premises of the complainant on 22.2.2012. Complainant alleges that opposite party issued electric bill on 9.4.2013 for Rs.91350/-, but on the request of the complainant, opposite party rectified the bill and reduced it to Rs.15527/-. Complainant further alleges that he belongs to scheduled caste category and he is entitled to concession of 200 units per month. Bill dated 9.4.2013 was sent to the complainant for 14 months in lump sum. Complainant requested the opposite party to give concession to the complainant and to adjust the amount if already paid by the complainant in the account of the complainant but the opposite party did not pay any heed to the request of the complainant.

7 Whereas the case of the opposite party is that the complainant belongs to scheduled caste category and he is entitled to concession of 200 units per month. Earlier complainant was issued bill dated 9.4.2013 for Rs.91350/- which was later on rectified on the report of the JE and the complainant was asked to deposit Rs.15527/- instead of Rs.91350/-. Opposite party has proved on record through affidavit of the SDO Sh.Pawan Kumar that the opposite party has given adjustment of the bill of the complainant since the date of installation of electric connection

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i.e.22.2.2012 have been adjusted to the satisfaction of the complainant and the complainant has verbally assured the opposite party that he would withdraw the present complaint on the next date of hearing. This affidavit has been produced on record to prove that all the bill of the complainant since the date of installation i.e.22.2.2012 have been adjusted to the satisfaction of the complainant and the complainant has been given concession of 200 units being member of scheduled caste category. That is why the complainant did not turn up to put forward arguments. The statement of the SDO Sh.Pawan Kumar on oath in the form of his affidavit ex.OP1 and the documentary evidence produced by the opposite party remained unrebutted. That is why none appeared on behalf of the complainant to put forward arguments in this case.

8 Resultantly, we hold that the present complaint has become infructuous and same is hereby dismissed. Parties are left to bear their own costs. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

11.3.2015 ( Bhupinder Singh )

President

(Anoop Sharma ) ( Kulwant Kaur Bajwa )

Member Member