BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No  114 of 2015

Date of Institution: 24.02.2015

Date of Decision:1.12.2015

Pran Nath Kapoor s/o Sh. Ram Lubhaya Kapoor, aged about 81 years, R/o 334, Jeevan Singh Road,Goal Bagh, Amritsar

Complainant

Versus

Punjab State Power Corporation Ltd., through its Chief Managing Director, service through SDO, Islamabad Sub Division

Opposite Party

Complaint under section 11 and 12 of the Consumer Protection Act, 1986

Present:    For the Complainant                  :  Sh.Nitin Madan,Advocate

               For the Opposite Party      : Sh. Sanjeev Salhotra,Advocate

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Sh. Anoop Sharma, Member

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Pran Nath Kapoor under the provisions of the Consumer Protection Act alleging therein that  an electric connection bearing account No. C14DT200230K has been installed in the name of Smt.Nand Rani, mother of the complainant who has died in the month of June 1982 . After the death of Nand Rani, complainant being beneficiary of the electric connection, has been using the electric connection  and has been making payment of the bills regularly. Complainant was surprised to receive memo dated 19.1.2015 raising a demand of Rs. 41180/-. On receipt of said memo, complainant approached the opposite party  to know the details of the said memo, but the opposite party did not pay any heed to the request of the complainant. Opposite party again issued bill dated 14.2.2015 for Rs. 45426/- in which Rs. 39,324/- and Rs. 1849/- have been demanded under the head sundry charges and current arrears. On this complainant again approached the opposite party to enquire about the details of the amount,  but no explanation was provided to the complainant. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to  withdraw the impugned illegal demand of Rs. 41180/- raised vide memo dated 19.1.2015 and vide bill dated 14.2.2015. Compensation of Rs. 20000/- alongwith litigation expenses were also demanded.
2. On notice, opposite party appeared and filed written version in which it was submitted that consumer is the defaulter of opposite party for the amount of Rs. 41180/- as per memo No. 132 dated 19.1.2015 vide which the account of the consumer has been audited and vide the internal inspection of the account, the amount of Rs. 41,180/- is due towards the complainant. It was submitted that vide audit report No. 799 , the meter of the consumer was changed due to R code and the bill was issued on average basis for 927 units, which the complainant has deposited. It was submitted that complainant has consumed 6918 units out of which 927 units were deducted, as such the complainant was liable to pay the amount of balance consumption i.e. 5991 units amounting to Rs. 41180/- which are due towards the consumer on account of consumption of electricity which the complainant has not deposited to the opposite party. While submitting that the demand raised by the opposite party is legal and valid and 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-13.
4. Opposite party tendered into evidence affidavit of Sh.Vipan Vij, AEE Commercial Ex.OP1 alongwith documents Ex.OP2 to Ex.OP5.
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 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 is the beneficiary of electric connection account No. D-20/230K being son of Smt.Nand Rani,mother of the complainant, who was the original owner of aforesaid electric connection and she has expired in June 1982. The said electric connection has sanctioned load of 6KW. The complainant submitted that he has been making payment of all the electricity bills issued by the opposite party regularly without any default. The complainant received memo No. 132 dated 19.1.2015 Ex.C-2 whereby the opposite party demanded Rs. 41,180/- from the complainant. The complainant approached the opposite party about the details of said demand, but the opposite party did not pay any heed to the request of the complainant. Thereafter the opposite party issued bill dated 14.2.2015 Ex.C-3 for Rs. 45426/- in which the opposite party charged an amount of Rs. 39,324/- under the head, sundry charges and Rs. 1,849/- under current arrears i.e. total amount of Rs. 41,173/- apart from the amount of actual consumption of electricity by the complainant during the said period. The complainant again approached the opposite party to enquire about the details of the amount demanded by the opposite party in the aforesaid bill, but the opposite party could not explain. 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 the case of the opposite party is that consumer is the defaulter of the opposite party  for the amount of Rs. 41180/- as per memo dated 19.1.2015 Ex.C-2 vide which the account of the complainant has been over-hauled by the internal audit  report No. 799 Ex.OP2. The meter of the consumer (Nand Rani, mother of the complainant) was changed due to “R” code  and the bill  was issued on average basis for 927 units, which the complainant had deposited. As  per the actual reading of the meter of the complainant , complainant has consumed 6918 units out of which 927 units were deducted, as such the complainant was liable to pay the amount of balance consumption i.e. 5991 units amounting to Rs. 41180/- as per report Ex.OP2. So the complainant was served with notice vide memo No. 132 dated 19.1.2015 Ex.OP3 asking the complainant to pay this amount of Rs. 41180/- within 15 days from the date of receipt of this notice or to file objections, if any. But the complainant neither deposited this amount with the opposite party nor filed any objections. Resultantly this amount was added in the current consumption bill of the complainant Ex.C-3 dated 14.2.2015. Ld.counsel for the opposite party submitted that the opposite party has been charging this amount from the complainant regarding the actual consumption of electricity made by the complainant and that too as per rules and regulations of the opposite party. As such 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 meter of the consumer was burnt and it was changed vide MCO No. 197 dated 15.1.2014 with reading 57880 as per MCO Ex.R-4 effected on 23.1.2014. The bill on average basis for units 927 was issued to the complainant during that period. The complainant deposited that amount. The complainant had paid up to 51140 units. The complainant was liable to pay 6740 units + 178 units  further consumed by the complainant ; in all 6918 units. So it is clear that the complainant has consumed 6918 units out of which 927 units were deducted, as such the complainant was liable to pay the amount of balance consumption i.e. 5991 units (6918-927=5991), amounting to Rs. 41,180/-. The account of the complainant was over-hauled vide report No. 799 dated 28.8.2014 Ex.OP2 and a sum of Rs. 41180/- was found due payable by the complainant. Resultantly notice to the complainant vide memo No. 132 dated 19.1.2015 Ex.OP3 was issued to the complainant alongwith report /details Ex.OP2 asking the complainant to deposit this amount Rs. 41180/- with the opposite party within 15 days from the date of notice  or to file objections, if any. But the complainant neither deposited this amount with the opposite party nor filed any objections. Resultantly this amount was added by the opposite party in the current consumption bill of the complainant dated 14.2.2015 Ex.C-3. The opposite party has charged this amount from the complainant being the amount of actual consumption  of electricity made by the complainant and that too as per rules and regulations of the opposite party.
9. Resultantly we hold that there is no deficiency of service on the part of the opposite party qua the complainant.
10. Consequently we hold that 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 cost. 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.

Dated:1.12. 2015.                                          (Bhupinder Singh)                                                                                             President

/R/                             (Kulwant Kaur Bajwa)         (Anoop Sharma)

            Member                            Member