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

 

Complaint Case No : RBT/CC/2018/237

Date of Institution : 04.04.2018/29.11.2021

Date of Decision : 12.09.2022

Mr. Prince Sharma son of Sh. Brahmdass resident of Mahna Singh Road, Amritsar.              …Complainant

Versus

 

Punjab State Power Corporation Limited, Through its Chairman, The Mall, Patiala Service Through AEE, Industrial Sub Division, Amritsar.  

                   …Opposite Party

 

Complaint U/S 12 & 13 of The Consumer Protection Act, 1986 (as amended upto date)

 

Present: Sh. Deepinder Singh Adv counsel for complainant.

Sh. Manohar Singh Adv counsel for the opposite party.

Quorum.-

1. Sh. Ashish Kumar Grover : President

2.Sh. Navdeep Kumar Garg : Member

 

(ORDER BY ASHISH KUMAR GROVER, PRESIDENT):

    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 has filed the present complaint under Section 12 and 13 of the Consumer Protection Act against Punjab State Power Corporation Limited (in short the opposite party). 

2. The facts leading to the present complaint as stated by the complainant are that the complainant is having electric connection for his small guest house which he is running exclusively for earning his livelihood by means of self employment, issued by the opposite party having Account No. 3003278675 in his name. It is alleged that the complainant is making the payment of all the bills raised on him for the electricity consumption from time to time. It is further alleged that the complainant took on lease the said building where the aforesaid electric meter is installed in the year 2015 and before the said period there was no electricity meter and till date no other electricity meter is there in the said premises. The opposite party took Rs. 53,835/- being the full and final arrears on the said building and installed the electricity meter. It is further alleged that the opposite party issued one memo No. 518 dated 16.2.2018 addressed to some Om Parkash demanding Rs. 54,074/- for electric connection No. 3002575982 and the officials of the opposite party now putting the pressure on the complainant and threatening the complainant to pay the said amount for which the complainant has nothing to do otherwise his connection will be disconnected. The aforesaid act of the opposite party for demanding the illegal amount from the complainant without providing any details is amounts to deficiency in service and unfair trade practice on the part of opposite party. Hence, the present complaint is filed for seeking the following reliefs.-

i) The opposite party may be directed not to demand the impugned demand of Rs. 54,074/- raised in the impugned memo No. 518 dated 16.2.2018 and said amount in subsequent illegal bills and to refund any impugned amount paid during the pendency of the complaint with interest from the date of payment till realization and issue the correct bills.     

ii) To pay Rs. 40,000/- on account of compensation for mental agony and harassment and litigation expenses. 

3. The opposite party filed written statement by taking preliminary objections interalia on the grounds of maintainability, no consumer dispute, jurisdiction, no cause of action, not come with clean hands etc. It is alleged that complainant has not brought on record receipt of Rs. 53,835/- which has been written in Para No. 2 of the complaint.  On merits, it is submitted that the complainant alleged in the complaint that the electric connection bearing Account No. 3003278675 in his name under NRS tariff and using  supply in his guest house and the sanction load is 11.00 Kw. It is alleged by the opposite party that the transaction entered between the parties to the above dispute is a commercial one and complainant cannot claim any relief from this Commission. It is further alleged that previously an electric connection was running in the name of Om Parkash son of Mehnga Ram, Mahna Road Amritsar bearing Account No. 3002575982 old Account No. GT23/0222 under NRS category. The consumer Om Parkash has not made the payment of the energy bills that he has consumed by himself   and to this effect PDCO No. 28/50390 dated 10.1.2015 issued on defaulting amount for Rs. 52,343/- and meter was removed on final reading of 15744 on 10.1.2015 and ME II was 9/5598 dated 10.1.2015. Accordingly, to defaulting amount ledger for 16.2.2018 the outstanding defaulting amount was Rs. 54,074/- and on the basis of defaulting amount stated above memo No. 518 dated 16.2.2018 issued to Om Parkash son of Sh. Mehnga Ram for depositing the defaulting amount and the consumer was asked to deposit the defaulting amount otherwise connection to be disconnected and legal action will be taken through police. As per complainant the opposite party took Rs. 53,835/- being full and final arrears on the said building but the complainant has not produced receipt of Rs. 53,835/- and to this effect the opposite party moved an application on 15.6.2018 for producing the same but no reply was filed by the complainant. It is further alleged that memo No. 518 dated 16.2.2018 issued for recovery of defaulting amount from Om Parkash son of Mehnga Ram bearing Account No. 3002575982 old Account No. GT23/0222 amounting to Rs. 54,074/- but in this premises new connection bearing Account No. 3003278675 was installed. As such, the demanding of amount is legal and valid and the defaulting amount is recoverable from the premises where previous meter was installed. Therefore, there is no deficiency in service and unfair trade practice on the part of opposite party and prayed for the dismissal of complaint. 

4. In support of his complaint, the complainant tendered into evidence his affidavit Ex.C-1, copy of memo dated 16.2.2018 Ex.C-2, copy of the bill Ex.C-3, copy of the pass book Ex.C-4 and closed the evidence.  

5. To rebut the case of the complainant the opposite party filed affidavit of Er. Kawalpreet Singh SDO as Ex.O.P1 alongwith documents from Ex.OP2 to Ex.O.P5.  

6. We have heard the learned counsel for the parties and gone through the documents placed on record by the parties. 

7. Ld. Counsel for complainant argued that the complainant is having electric connection for his small guest house which he is running exclusively for earning his livelihood by means of self employment, issued by the opposite party having Account No. 3003278675 in his name. It is argued that the complainant is making the payment of all the bills raised on him for the electricity consumption from time to time. It is further argued that the complainant took on lease the said building where the aforesaid electric meter is installed in the year 2015 and before the said period there was no electricity meter and till date no other electricity meter is there in the said premises and the opposite party took Rs. 53,835/- being the full and final arrears on the said building and installed the electricity meter. It is further argued that the opposite party issued one memo No. 518 dated 16.2.2018 Ex.C-2 addressed to one Om Parkash demanding Rs. 54,074/- for electric connection No. 3002575982 and the officials of the opposite party now putting the pressure on the complainant and threatening him to pay the said amount for which the complainant has nothing to do otherwise his connection will be disconnected. 

8. On the other hand, Ld. Counsel for opposite party argued that the transaction entered between the parties to the above dispute is a commercial one and complainant cannot claim any relief from this Commission. It is further argued that previously an electric connection was running in the name of Om Parkash son of Mehnga Ram, Mahna Road Amritsar bearing Account No. 3002575982 old Account No. GT23/0222 under NRS category and the consumer Om Parkash has not made the payment of the energy bills and to this effect PDCO No. 28/50390 dated 10.1.2015 Ex.O.P2 issued on defaulting amount for Rs. 52,343/- and meter was removed on final reading of 15744 on 10.1.2015. It is argued that  according to defaulting amount ledger for 16.2.2018 Ex.O.P3 the outstanding defaulting amount is Rs. 54,074/- and on the basis of defaulting amount memo No. 518 dated 16.2.2018 Ex.O.P4 issued to Om Parkash son of Sh. Mehnga Ram for depositing the defaulting amount and the consumer was asked to deposit the defaulting amount otherwise connection to be disconnected and legal action will be taken through police. Ld. Counsel for complainant argued that the opposite party took Rs. 53,835/- being full and final arrears on the said building, but the complainant has not produced receipt of Rs. 53,835/- on the file and to this effect the opposite party moved an application dated 15.6.2018 Ex.O.P5 for producing the same but no reply was filed by the complainant. 

9. In order to prove his case the complainant has placed on record his detailed affidavit Ex.C-1. He has further placed on record copy of memo No. 518 dated 16.2.2018 Ex.C-2, which shows that the same has been issued to one Om Parkash for depositing the defaulting amount of Rs. 54,074/- by the opposite party. On this, Ld. Counsel for complainant argued that the above said memo was issued to one Om Parkash and the complainant has already paid the amount of 53,835/- being full and final arrears on the said building and after that the opposite party has issued new electricity connection bearing No. 3003278675 in the name of complainant and to prove this fact the complainant has placed on record copy of bill Ex.C-3, which shows the name of consumer as Prince and the above said account number is also shown. The complainant has further placed on record copy of passbook Ex.C4, which shows that an amount of Rs. 53,835/- has been debited from the account of the complainant on 14.5.2015. Ld. Counsel for the complainant further argued that it is not possible that without taking the previous bills/arrears of the said premises, the opposite party issued new electricity connection to the complainant on the said building. 

10. It is pertinent to mention here that the opposite party has filed an application dated 15.6.2018 for directing the complainant to produce the original document relied upon in the complaint. On the other hand, the complainant has not filed the reply to the above said application. Ld. Counsel for the complainant argued that the receipt by which the complainant has deposited the amount of Rs. 53,835/- has been misplaced. Ld. Counsel for the complainant further argued that to prove this fact the complainant has already placed on record copy of his passbook Ex.C-4 vide which it shows that the amount of Rs. 53,835/- has been debited from the account of complainant on 14.5.2015. So, this  application is disposed of accordingly.  

11. In view of the above discussion, it is established that the complainant has already deposited the amount of Rs. 53,835/- to the opposite party as full and final settlement amount of the previous arrears, thereafter the opposite party has issued the electric connection to the complainant. Therefore, the present complaint is partly allowed and the opposite party is directed not to demand the amount of Rs. 54,074/- raised in the memo No. 518 dated 16.2.2018. However, there is no order as to costs or compensation. Copy of the order will be supplied to the parties by the District Consumer Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

        12th Day of September, 2022

 

            (Ashish Kumar Grover)

            President

              

(Navdeep Kumar Garg)

Member