Before the District Consumer Disputes Redressal Forum, Amritsar.

Consumer Complaint No  :   672 of 2017

Date of Institution                      :  22.09.2017

Date of Decision               :  18.02.2019

Raj Kumar son of Mulakh Raj resident of Ekta Nagar, Ghee Mandi, Amritsar.

                                                                             …..Complainant

Versus

Punjab State Powers Corporation Ltd. Sub Division Ghee Mandi Amritsar through its S.D.O.

                                                                             …Opposite Party

Complaint Under Section 12 and 13 of the Consumer Protection Act .

For Complainant                     Sh. Inderjit Lakhra Advocate.

For Opposite Party                           Sh. B.S. Sachdeva Advocate

Coram

Sh.Charanjit Singh, President

Mr.Anoop Sharma,  Member        

Ms.Rachna Arora, Member

Order dictated by:

Sh.Charanjit Singh,  President

1        The complainant Raj Kumar has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called   as 'the Act') against Punjab State powers Corporation Ltd. Sub Division Ghee Mandi Amritsar through its S.D.O(Opposite party) on the allegations of deficiency in service and negligence in service on the part of the opposite party with prayer to direct the opposite party to withdraw illegal and wrong bill for Rs. 1,17,920/- and also prayed Rs. 50,000/- as compensation on account of mental agony and harassment and also prayed for costs of complaint.

2        The case of the complainant in brief is that the complainant is having residential electricity connection bearing account number 30022821775 which is installed at the residence of the complainant and the complainant is paying bills regularly as and when received from the opposite party. Thus the complainant is consumer under the definition of consumer protection Act 1986 and is fully authorised to file the present complaint against the opposite party.  The electricity meter installed at the residence of the complainant was running fast and the complainant approached to the Opposite party for replacement of the same and also deposited fee for Rs.120/- on this account dated 15.9.2016 and the complainant challenged this meter being defective and thereafter the opposite party has replaced the electric meter and after that opposite party issued electricity bill dated 16 July, 2017 bill number 1097217G191104261 for Rs.1,17.920/- and the complainant became surprises to receive the electricity bill as the complainant is a poor person. Previously he was receiving the bill to the extent of Maximum Rs. 2,000/-for two months and from this, it is clearly harassment caused by the opposite party to the complainant for issuing wrong and illegal bill of such huge amount as the complainant is having minimum equipment of the electricity which is being used by him in his residential house. The complainant approached to the opposite party for this illegal bill, but the opposite party did not listen to the just and genuine request of the complainant. Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party.

3        Notice of this complaint was sent to the opposite party and opposite party appeared through counsel and filed written version taking preliminary objections that the complainant has not come to his Forum with cleans hands and has suppressed the true and material facts from this Forum. He is defaulter of the Opposite party intentionally and willfully, it is also stated here that due to ‘D’ Code the meter of the complainant was removed and new meter was installed. The removed meter was checked in the ME Lab vide challan No.42 dated 10.01.2017by the officials of the department and reading of the meter was shown and noted as 24568. As per the report of the M.E Lab, the account of the complainant was over hauled and after calculation a bill was issued to the complainant which was the actual consumption charges which was consumed by the complainant. The account of the complainant is also still showing balance amount Rs. 1,05,540/- and it is duty of the complainant to pay the same to the department so the complainant is not entitled to get any relief from this Forum as claimed in the present complainant.The opposite party has denied the other allegations taken in the complainant and prayed for dismissal of the complaint.

4        To prove case of the complainant, Ld. counsel for the complainant has tendered in evidence affidavit of complainant Ex. C-1 alolngwith documents Ex. C-2 and Ex. C-3 and closed his evidence. To rebut the evidence of the opposite party, Ld. counsel for the opposite party tendered in evidence affidavit of Vijay Kumar Vij SDO Ex. OP1 alongwith documents Ex. OP2 to Ex. OP4 and closed the evidence.

5        We have heard the Ld. counsel for the parties and have carefully gone through the record.

6        Ld. counsel for the complainant contended that the complainant is having residential electricity connection bearing account number 30022821775 which is installed at the residence of the complainant and the complainant is paying bills regularly as and when received from the opposite party. He further contended that the electricity meter installed at the residence of the complainant was running fast and the complainant approached to the Opposite party for replacement of the same and also deposited fee for Rs.120/- on 15.9.2016 vide Ex. C-2.The complainant challenged this meter being defective and thereafter the opposite party has replaced the electric meter. After that, the complainant issued electricity bill dated 16 July, 2017 bill number 1097217G191104261 for Rs.1,17.920/- and the complainant became surprises to receive the electricity bill as the complainant is a poor person. Previously he was receiving the bill to the extent of Maximum Rs. 2,000/-for two months. He further contended that before adding the amount in the bill of the complainant, the opposite parties have not issued prior detailed notice as per rules and regulations of the Punjab State Powers Corporation Limited and prayed that the present complaint may be allowed with costs.  

7        Ld. counsel for the opposite party contended that the complainant is defaulter of the Opposite party.  Due to ‘D’ Code, the meter of the complainant was removed and new meter was installed.  The removed meter was checked in the ME Lab vide challan No.42 dated 10.01.2017 by the officials of the department and reading of the meter was shown and noted as 24568. As per the report of the M.E Lab, the account of the complainant was over hauled and after calculation a bill was issued to the complainant which was the actual consumption charges which was consumed by the complainant. The account of the complainant is also still showing balance amount Rs. 1,05,540/- and it is duty of the complainant to pay the same to the department and prayed for dismissal of the complaint.

8        According to complainant, he was receiving the bill of Rs. 2,000/-  approximately per two month and the complainant has been paying the same to the opposite party. The complainant proved on record that he found that his meter has become defective and due to this reason the meter of the complainant was running fast and due to this reason the complainant has deposited Rs. 120/- vide receipt Ex. C-2 for change of meter. The version of the opposite party is that they sent the meter to the M.E. Lab for its checking and reading of meter was showing the reading as 24568 and as per report of M.E. Lab the account of the complainant was over hauled. But the opposite parties have failed to prove on record that the meter was removed in the presence of complainant, the meter was packed in the card board and meter was checked in the presence of complainant. It all shows suspicion in the act done by the opposite party. Moreover, the Opposite Party could not charge this amount from the complainant in the electricity consumption bill without issuing separate detailed notice as per regulation 124.1 of the Electricity Supply Regulations of the Opposite Party. It has been held by Hon’ble Punjab State Consumer Disputes Redressal Commission, Chandigarh in case PSEB Vs. Hardeep Singh 2010(2) CLT 259 that where the demand was not raised by the appellant through a separate detailed notice as required by Regulation 124.1 and 6 added in the bill in dispute, there is violation of the regulation of the Opposite Party. However, the appellant is at liberty to raise fresh demand of the amount in dispute and can charge the same from the complainant by following proper procedure. Similar view has been taken by Hon’ble Punjab State Consumer Disputes Redressal Commission, Chandigarh in case Ishar Singli Vs. PSEB 2011 (2) CLT page 420. In the present case also, the Opposite Party has directly charged this amount from the complainant in the current electric consumption bill dated 19.7.2017 without serving prior notice and giving the complainant an opportunity to file the objections, if any, i.e. without giving prior opportunity of being heard to the complainant. So the demand raised by the opposite party vide bill dated 19.7.2017 is illegal and the same is liable to be set-aside.

9        In view of above discussion, the present complaint of the complainant is accepted and the bill dated 16, July 2017 for Rs. 1,17,920/- is hereby quashed.  The opposite party is directed the take the average of the next 6 months period of the connection in question and after that the opposite party issues the fresh bill to the complainant regarding the previous disputed months. Payment if any, made by the complainant in excess to the opposite party be adjusted in the next bills of the complainant.  The complainant has been harassed by the opposite party, as such the complainant is also entitled to Rs. 3000/- as compensation on account of harassment and Rs.2000/- as litigation expenses.Opposite Party is directed to comply with the order, failing which the complainant shall be entitled to get the order executed through the indulgence of this  Forum.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.