BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 61 of 2015

Date of Institution: 21-01-2015

Date of Decision: 04-08-2015  

Raman Kumar  Poddar son of Sh.Vijay Poddar, resident of 19, Krishna Square-II, Amritsar at present resident of  A1/100, Ekta Enclave, Sector-8, Rohini, New Delhi.  

Complainant

Versus

Punjab State Power Corporation Limited, having its office at Ghee Mandi, Amritsar through its  Sub-Divisional Officer.  

Opposite Party

Complaint under section 12 & 13 of the Consumer Protection Act, as amended upto date.

Present: For the Complainant: Sh. Sanjay Aggarwal, Advocate

              For the Opposite Party: Sh. Anil Sharma, Advocate

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member  

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sh.Raman Kumar Poddar under the provisions of the Consumer Protection Act alleging therein that he is a holder of one electric connection bearing account No.C15GM030308Y installed at 1524, Ram Gali, Katra Ahluwalia, Amritsar. Complainant alleges that he moved an application with SDO, Ghee Mandi, Amritsar on 21.06.2004 for disconnection of his aforesaid electric connection and the said application was duly received by the Opposite Party as per diary No. 1322 dated 23.7.2004. Complainant also submitted an affidavit in this regard, which was duly received by Opposite Party on 21.7.2004. Complainant further moved another application with Opposite Party on 3.8.2004 for disconnection of his aforesaid electric connection. The complainant had also cleared all the arrears of pending dues towards Opposite Party that too  after the demand made by Opposite Party, vide bill dated 8.10.2004 amounting to Rs.3,682/- and same was paid as per receipt No. 867 dated 25.10.2004. Thereafter, the complainant also sent a legal notice  to Opposite Party on 15.11.2004 for disconnection of his aforesaid electric connection. Thereafter, the complainant shifted to Delhi and at present is residing at House No.A1/100, Ekta Enclave, Sector-8, Rohini, New Delhi, and as such, there is no need as well as necessity of above mentioned electric connection, to the complainant. The complainant got shocked on 25.11.2014, when he received a bill No. 1026 from Opposite Party for an amount of Rs.15,620/- for that electric connection for which the complainant had already moved aforementioned applications and legal notice to the Opposite Party for the disconnection, but inspite of that after getting the present bill, the complainant came to know that the aforementioned electric connection is not disconnected by the Opposite Party.  Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to withdraw the illegal and arbitrary bill for Rs.15,620/-  and further the Opposite Party may kindly be directed to disconnect the electric connection of the complainant. Compensation and litigation expenses were also demanded.
2. On notice, Opposite Party appeared and filed written version in which it was submitted that the present complaint is not maintainable in the present Forum as the complainant is not paying his electricity bills regularly. The complainant never moved any application to the Opposite Party for disconnecting his electricity connection. The complainant is not paying his electricity bills to the Opposite Party since long. In the month of 11/2014, a bill of Rs.12,622/- previous charges alongwith current bill of Rs.3260/- i.e. Rs.15,882/- was issued to the complainant, but the complainant did not make the payment. Hence, the bill in question has been issued to the complainant according to actual consumption.   While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C11 and closed the evidence on behalf of the complainant.
4. Opposite Party tendered into evidence affidavit of Sh.Sukhdeep Singh, AEE Ex.OP1 alongwith consumption data Ex.OP2 and closed the evidence on behalf of the Opposite Party.
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 the parties, it is clear that the complainant is consumer of electric connection bearing account No.C15GM030308Y installed at 1524, Ram Gali, Katra Ahluwalia, Amritsar. Complainant alleges that he moved an application with SDO, Ghee Mandi, Amritsar on 21.06.2004 Ex.C2 which was received in the office of Opposite Party vide diary No. 1322 dated 23.7.2004 requesting the Opposite Party for  disconnection of his aforesaid electric connection and on the directions of the Opposite Party, the complainant also submitted his affidavit necessary for the disconnection of electric connection which was also received by the Opposite Party on 21.7.2004, but the Opposite Party did not disconnect the aforesaid electric connection of the complainant. Then, the complainant moved another application dated 3.8.2004 Ex.C5 in this regard with the Opposite Party which was also received by the Opposite Party. But even then, the Opposite Party did not disconnect the electric connection of the complainant. Then, the complainant served notice through registered post on 15.11.2004 Ex.C6 upon the Opposite Party, on the basis of which Opposite Party made noting Ex.C7 and Ex.C8 vide which it was decided by the Opposite Party that the meter be  removed  from the premises of the complainant after got depositing the final bill. Thereafter, the Opposite Party issued bill Ex.C9 which was duly paid by the complainant vide receipt dated 25.10.2004 Ex.C10, but inspite of that, Opposite Party did not disconnect the electric connection of the complainant. Thereafter, the complainant was shifted to Delhi and settled at House No.A1/100, Ekta Enclave, Sector-8, Rohini, New Delhi. Now Opposite Party, after a lapse of period of more than 10 years, issued bill dated 25.11.2014 Ex.C11 claiming Rs.15,620/- from the complainant. Complainant submitted that he has already got the electric connection in question, disconnected from the Opposite Party. Thus, a demand raised by the Opposite Party through bill Ex.C11 dated 25.11.2014, is totally illegal and all this amounts to deficiency of service on the part of the Opposite Party.      
7. Whereas the case of the Opposite Party is that the complainant never moved any application to the Opposite Party for disconnecting his electric connection.  In the month of 11/2004, a bill of Rs.12,622/- of previous charges alongwith current bill of Rs.3,260/- i.e. Rs.15,882/- was issued to the complainant, but the complainant did not make the payment. Ld.counsel for the opposite party submitted that there is no deficiency of service on the part of the Opposite Party.
8. From the entire above discussion, we have come to the conclusion that complainant applied for disconnection of his electric connection bearing account No.C15GM030308Y installed at 1524, Ram Gali, Katra Ahluwalia, Amritsar, vide application 21.06.2004  Ex.C2 which he sent through registered post, acknowledgement of which is Ex.C3 and the said application was duly received in the office of  Opposite Party vide diary No. 1322 dated 23.7.2004. Not only this, the complainant also submitted his affidavit necessary for the disconnection of electric connection on 21.7.2004 to the Opposite Party Ex.C4, but even then, the Opposite Party did not disconnect the electric connection of the complainant. Then, the complainant also sent another letter dated 3.8.2004 Ex.C5 to the Opposite Party for disconnection of his electric connection of his aforesaid electric connection which was duly received by the Opposite Party. But even then, the Opposite Party did not disconnect the electric connection of the complainant. Then the complainant served registered AD Notice dated 15.11.2004 Ex.C6   upon the Opposite Party. The Opposite Party also dealt with the case of the complainant vide noting Ex.C7 and Ex.C8 and it was ordered by the Opposite Party office that final bill be got paid from the complainant and meter be removed from the premises of the complainant. Then the Opposite Party issued final bill dated 8.10.2004 Ex.C9 and the complainant paid this amount vide receipt Ex.C10 dated 25.10.2004 and thereafter, the complainant went to Delhi and settled  at House No.A1/100, Ekta Enclave, Sector-8, Rohini, New Delhi. Now after more than 10 years, the Opposite Party issued bill dated 28.11.2014 Ex.C11 demanding a sum of Rs.15,620/- from the complainant on the ground that as per the consumption data Ex.OP2, the complainant has been consuming electricity through this electric connection and this bill is based on the actual consumption made by the complainant on the aforesaid electric connection.
9. Once the complainant has requested the Opposite Party for disconnection of his electric connection vide application dated 21.6.2004 Ex.C2 which was duly received by the Opposite Party vide diary No. 1322 dated 23.7.2004 as this letter was sent to the Opposite Party through registered AD post, acknowledgement of which is Ex.C3. The complainant has also submitted an affidavit in this regard Ex.C4 to the Opposite Party. Not only this, the complainant also sent letter dated 3.8.2004 Ex.C5 in this regard to the Opposite Party which was also duly received by the Opposite Party. Not only this, the complainant sent registered AD notice dated 15.11.2004 Ex.C6 to the Opposite Party and the Opposite Party has also dealt with the case of the complainant vide noting Ex.C7 and Ex.C8 and thereby the Opposite Party has decided to get paid the final bill from the complainant and the meter of the complainant be removed. Consequently, the Opposite Party issued final bill dated 8.10.2004 Ex.C9 which was also paid by the complainant vide receipt dated 25.10.2004 Ex.C10. Even then, the Opposite Party did not disconnect the electric connection of the complainant and all this shows how much negligent and irresponsible is the staff of the Opposite Party and after more than 10 years, Opposite Party issued bill dated 28.11.2014 Ex.C11 demanding Rs.15,620/- from the complainant regarding the aforesaid electric connection which had already been got disconnected by the complainant in the year 2004. This demand raised by the Opposite Party is totally illegal, rather depicts mismanagement of the Opposite Party. As such, this demand raised by the Opposite Party from the complainant vide bill dated 28.11.2014 Ex.C11 is not sustainable. Therefore, the same is hereby set aside. All this has adversely affected the mental condition of the complainant and depicts that how much negligent and careless is the staff of the Opposite Party. Resultantly, we hold that the complainant is entitled to compensation. Opposite Party is directed to pay compensation to the complainant to the tune of Rs.10,000/- and the Opposite Party is directed to recover this amount from the erroring staff i.e. concerned official of the Opposite Party. The Opposite Party is also directed to pay the costs of litigation to the complainant to the tune of Rs.2,000/-.  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: 04-08-2015.                                                   (Bhupinder Singh)                                                                                               President

hrg                                                (Anoop Sharma)     (Kulwant Kaur Bajwa)   

              Member                         Member