DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT AT AMRITSAR, PUNJAB.
Complaint Case No: RBT/CC/2018/179
Date of Institution: 09.03.2018/29.11.2021
Date of Decision: 22.06.2022
Sh. Rajinder Kumar son of Sh. Dyal Dass, Aged 50 years, resident of Baba Deep Singh Colony, New Hamidpura, Sher Shah Suri Road, Chheharta, Amritsar.
…Complainant
Versus
Punjab State Power Corporation Limited, through its Sub Divisional Officer/A.E.E./Any other authorized person, Sub Division Chheharata, Amritsar.
…Opposite Party
Complaint Under Section 11 & 12 of The Consumer Protection Act, 1986.
Present: Sh. Neeraj Brahmi Adv counsel for complainant.
Sh. Munish Menon Adv counsel for the opposite party.
Quorum.-
1. Sh. Ashish Kumar Grover: President
2. Smt. Urmila Kumari : Member
(ORDER BY URMILA KUMARI, MEMBER):
1. 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 Rajinder Kumar has filed the present complaint under Section 11 and 12 of the Consumer Protection Act against Punjab State Power Corporation Limited, Amritsar (in short the opposite party).
2. The facts leading to the present complaint as stated by the complainant are that an electricity connection of NRS tariff bearing Consumer No. A26WH441403F A/C No. 3002274391 having load of 2.52 KW is installed in the name of complainant in the shop situated at Baba Deep Singh Colony, New Hamidpura, Sher Shah Suri Road, Chheharata, Amritsar which is being run by the complainant to earn his livelihood by way of self employment. The complainant has not employed any labour for the said purpose and is running his shop himself. The electricity meter of the complainant is installed outside his premises in an iron box. The complainant has been paying the bills regularly to the opposite party. It is alleged that the complainant was surprised to receive the bill dated 17.2.2018 wherein Rs. 11,259/- alongwith other charges were claimed from the complainant as “ARREARS OF CURRENT YEAR”. No inspection of premises was ever done by the opposite party. It is alleged that the amount which was claimed by the opposite party in the bill dated 17.2.2018 is false, frivolous and without any basis. The above said act of the opposite party amounts to deficiency in service on the part of opposite party. Hence, the present complaint is filed for seeking the following reliefs.-
1) The opposite party may be directed to withdraw/set aside/quash Rs. 11,259/- alongwith other charges as mentioned in the bills dated 17.2.2018 or in alternative the above said amount may please be quashed and the said bill may be ordered to be set aside.
2) To pay Rs. 50,000/- on account of compensation for mental agony and harassment and cost of the proceedings.
3. Upon notice of this complaint, the opposite party filed written statement taking preliminary objections interalia on the grounds of cause of action, etc. On merits, it is submitted that the demand raised by the opposite party pertains to the actual consumption of electricity for the period of 23.4.2016 to 16.12.2017; as such the complainant is liable to make the above said payment. The last meter reading was recorded on 23.4.2016 at index 23762 and the said meter was removed at meter reading 24185. The new meter bearing No. 791843 of Flash make was installed in the premises of complainant at 0 reading. Thereafter, the first bill was issued to the complainant on 13.6.2016 for F Code since the advice for the number of new replaced meter was not entered as it in the record/system and the meter reader was having the number of old meter with him. As per record the complainant had consumed 5244 units of electricity for the period of 11.5.2016 to 16.12.2017 and since he was being billed on the basis of average for the reasons explained above, he made the payment of only 3598 units of electricity up till 16.10.2017 and the complainant is liable to pay for the balance units of electricity after adjusting the amount already paid by the complainant during the period for the bills from 13.6.2016 to 10.10.2017 which comes out to be Rs. 18,270/- for which the bill dated 16.12.2017 was raised by the department. All other allegations of the complainant are denied and prayed for the dismissal of complaint.
4. In order to prove the case the complainant tendered into evidence his own affidavit Ex.C-1, copy of bill Ex.C-2, copy of receipt Ex.C-3 and closed the evidence.
5. To rebut the case of the complainant the opposite party tendered into evidence affidavit of Sh. Dev Parkash Sahota Ex.O.P-1, copy of the consumption data Ex.O.P-2, copy of the job order Ex.O.P-3, copy of consumption data Ex.O.P-4, copies of bills Ex.O.P-5 to Ex.O.P-17 and closed the evidence.
6. We have heard the learned counsel for the parties and gone through the record on the file.
7. Electricity bill dated 17.2.2018 Ex.C-2 was issued to the complainant with payable charges of Rs. 22,720/- out of which the complainant has challenged Rs. 11,259/- as arrears of current year. According to the complainant the amount of Rs. 11,259/- is false, frivolous and without any basis.
8. As per the opposite party the meter of the complainant was replaced on 11.5.2016 from mechanical to electrical Ex.O.P-4. The opposite party issued bills from 23.4.2016 to 16.10.2017 (Ex.O.P-5 to Ex.O.P-14) on the basis of average consumption and the total units charged during these period are 3598. The bill issued on 16.12.2017 as per Ex.O.P-15 is on the basis of actual consumption (recorded by the meter 423 units and from the reading recorded on 23.4.2016 to 11.5.2016 i.e. upto the date of replacement of meter).
9. Reading recorded by the new meter from the date of replacement to 16.12.2017 is 5245 units. After giving adjustment of units already charged on the basis of average i.e. 3598 units amounting to Rs. 18270/-.
10. The amount of Rs. 11,259/- charged as per bill issued on 17.2.2018 relates to actual consumption and this is payable. There is no deficiency in service on the part of the opposite party. The complainant is liable to make the payment of the said bill to the opposite party.
11. In view of the above discussion, we find no merits in the present complaint and the same is dismissed. However, the amount already paid by the complainant be adjusted against the bill and the complainant is directed to pay the balance bill amount within 45 days from the receipt of the copy of this order. 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:
22nd Day of June, 2022
(Ashish Kumar Grover)
President
(Urmila Kumari)
Member
