DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.41 of 06-01-2014

Decided on 17-06-2014

Tej Kaur aged about 70 years S/o Ajmer Singh R/o Lehra Mohabbat, District Bathinda.

........Complainant

Versus

1.Punjab State Power Corporation Limited, The Mall, Patiala, through its Secretary.

2.SDO/AEE, Punjab State Power Corporation Limited, City Sub Division, Rampura.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt.Vikramjit Kaur Soni, President.

Smt.Sukhwinder Kaur, Member.

Sh.Jarnail Singh, Member.

Present:-

For the Complainant: Sh.Ashok Gupta, counsel for the complainant.

For Opposite parties: Sh.Inderjit Singh, counsel for the opposite parties.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant is holding an electricity tubewell connection bearing account No.B61SP930069P which is being used for the agriculture purpose since its release and supply is given under metered supply. As per the policy of Punjab State Power Corporation the AP bills have been declared free as per CC No.26/98 and electricity tubewell connections that were released from the industrial quota have also been declared exempted from charging anything and again CC No.10/2006 has been issued about free electricity to the farmers. The abovesaid electricity tubewell connection has been issued from tubewell category for the agricultural purposes. The commercial circular CC No.24/2008 is also about the free supply to the electricity tubewell connection holders. The complainant further alleged that the opposite parties started sending her the bills, which have been dispensed with and she is entitled for the free supply as per Circulars Nos.24/2008, 10/2006 and 26/1998. As per the government instructions the farming sector has been exempted to pay the electricity charges. As per Sales Regulations 85.03.01.02 the complainant is exempted to pay the electricity charges. The complainant many times requested the opposite parties to withdraw the bills, but to no effect. There are other electricity connections similar to the complainant i.e. Pritam Singh S/o Maghar Singh R/o Phul bearing account No.SP 6, Jagdev Singh S/o Uttam Singh R/o Phul bearing account No.SP 26, Jaspal Singh Singh S/o Mukand Singh R/o Phul etc., whose bills are neither made nor charged. Hence the complainant has filed the present complaint to seek the directions of this Forum to the opposite parties to dispense with the bills alongwith cost and compensation and to give her any other additional or alternative relief for which she may be found entitled to.

2. The opposite parties after appearing before this Forum have filed their joint written statement and pleaded that the complainant is not a consumer as she has obtained the electricity tubewell connection for fish farming. The SP electricity connection taken for Atta Chakki or fish farming are for the commercial purpose, hence the connection holder is not consumer. The true facts are that the complainant has applied for SP electricity connection for fish farming that has been released to her in the year 1994 for the commercial purpose. The power supply of the abovesaid electricity connection is on urban/city feeder that is a metered supply. The opposite parties further pleaded that the electricity tubewell connection in question is running under SP category that has not been converted into AP category and have referred to the precedents laid down by the Hon'ble State Commission, Punjab, Chandigarh in case titled as Lachhman Singh Vs. PSPCL, First Appeal No.1484 of 2006 and case titled as Lakhveer Singh Vs. PSPCL, First Appeal No.1985 of 2006, decided on 5.3.2007 and have referred to circular No.10/2006 and pleaded that the complainant does not fall under any of the aforesaid categories. The opposite parties further pleaded that as the complainant is claiming for the free electricity supply i.e. hiring of service without consideration, so the matter does not fall within the ambit of 'Act' and she is supposed to approach the Civil Court. Since the date of release of the electricity tubewell connection in question to the complainant, the opposite parties have been sending her the bills, which she has been voluntarily depositing with them without raising any protest. The complainant is not entitled for the free electricity supply. The opposite parties are well within their right to disconnect the electricity connections of the connection holder if she failed to pay the consumption charges as per the rules of Punjab State Power Corporation Limited.

3. The parties have led their evidence in support of their respective pleadings.

4. Arguments heard. The record alongwith written submissions submitted by the parties perused.

5. In the case in hand, the allegation of the complainant is that his SP tubewell connection bearing account No.B61SP930069P was converted into AP connection in the record which was duly signed by the opposite parties and as per policy of the Punjab State Power Corporation Limited the AP bills were declared free vide CC No.26/98 and 10/2006. The connection of the complainant was issued from SP category, but it was for the agricultural purposes. The submission of the learned counsel of the complainant is that as per Government instructions farming sector has been exempted to pay electricity charges. The complainant alleged that despite his repeated written as well as verbal requests to the opposite parties to withdraw the bills, nothing has been done so far.

6. On the other hand, the submission of the opposite parties is that the circulars referred by the complainant are not applicable to the facts and circumstances of this case. The opposite parties submitted that as per circular No.71/2003, only those AP connections have to be considered for free supply, which are running from rural feeder, but the connection of the complainant is running from urban feeder. The learned counsel for the opposite parties submitted that the complainant did not approach the opposite parties for the said relief and has filed the complaint before this Forum. The SP electricity connection was taken for Atta Chakki or fish farming for the commercial purpose, hence the connection holder is not a consumer. The complainant has applied for SP electricity connection for fish farming that has been released to him in the year 1994 for the commercial purpose. The power supply of the abovesaid electricity connection is on urban/city feeder that is a metered supply and electricity tubewell connection in question is running under SP category that has not been converted into AP category Since the date of release of the electricity tubewell connection in question to the complainant, the opposite parties have been sending him the bills, which he has been voluntarily deposited with them without raising any protest. The complainant is not entitled for the free electricity supply.

7. The opposite parties have referred to authorities Lachhman Singh Vs. PSPCL, First Appeal No.1484 of 2006 and Lakhveer Singh Vs. PSPCL, Appeal No.1985 of 2006, decided on 5.3.2007, with utmost regard and humility to the authorities referred by the learned counsel of the opposite parties, they have distinguishable circumstances, as in the case in hand the opposite parties have already converted the electricity connections in TW connections and the dispute is regarding the free electricity. Moreover after the decision of the above referred cases by the opposite parties, the commercial circular No.24/2008 has been issued by the Punjab Government.

8. A perusal of file reveals that the complainant has not placed on file any record to show that when he applied for the connection in question and under which category the same was issued to him. The complainant has alleged that his connection was converted into AP in the record, for this the complainant has placed on record his bill Ex.C2, in it the tariff is shown as TW (Tubewell) and Ex.C6, Letter No.644 dated 4.4.2006, in which it has been mentioned that the consumers sought connection for fish farming, but their connections have been proposed to be changed for agriculture purposes for tubewell connection, as their fish farming work fails. The documents placed on file by the complainant, Ex.C5, relates to the connection of one Harnek Singh. However, a perusal of documents, Ex.OP1/3 to Ex.OP1/9, produced by the opposite parties reveals that the electricity tubewell connection of the complainant has been issued under SP category for fish farming.

The submission of the opposite parties is that as per circular No.71/2003, only those AP connections have to be considered for free supply, which are running from rural feeder. A perusal of Commercial Circular No.71/2003 reveals that this circular is regarding the flat rate to be applied on the connections registered prior to 31.3.1990 i.e. upto date which the demand notice(s) have been issued. The connection of the complainant has been issued under SP category for fish farming and admittedly his connection was not registered prior to 31.3.1990, thus this circular is not applicable to the case of the complainant. The relevant portion of Commercial Circular No.71/2003 is reproduced hereunder:-

“Sub:-Conversion of AP connections running on metered supply under AP/SP category.

The representations have been received from SP/AP consumers individually and through Association to charge flat rate of AP tariff of Rs.60/- per BHP instead of SP tariff or AP metered tariff as these connections are being used for running tubewells for agriculture purposes for irrigating crops only.

In view of above and to avoid discrimination, the matter has been considered and it has been decided that those AP connections running on metered supply under AP metered or SP tariff on rural feeders and which were registered prior to 31.3.1990 i.e. the date upto which demand notice(s) have been issued for release of AP connections under general category shall be converted prospectively to AP flat rate category after verification by Sr.Xen/OP, that such connections are used exclusively for agriculture purpose.”

9. The complainant has further referred to Commercial Circular Nos.10/2006, 24/2008 and 8/97.

As per Commercial Circular No.10/2006:-

“Sub:-Free Electricity to Agricultural Tubewell consumers.

It has been decided by Government of Punjab to give Free Electricity w.e.f. 1.9.2005 onward, to all categories of Agricultural Tubewells such as Tubewells covered under Flat Rate/Metered Supply category. Agricultural Tubewells released under SP category, tubewell connections released to farmers of Kandi Area. PAU Ludhiana, PSTC/IB lift irrigation, other connections released under SP/MS category and under TCA (Technical Co-op. Assistance). It has also been decided to given free supply to only those tubewell consumers who are not defaulters of energy/flat rate charges for the period pertaining upto 31.8.05. Defaulters as on 31.8.05 shall continue to receive bills wherever computerized bills have been introduced. Where computerization has not started, hand written bills may be sent to all defaulting tubewell consumers who have not paid the bills for the period upto 31.8.05. However, once such defaulting consumer come forward anytime w.e.f. 1.9.05 to pay the defaulting amount relating to the period upto 31.8.05, then in that case the consumption charges for the period starting from 1.9.05 shall not be charged. Once they pay defaulting amount upto 31.8.05, no bill shall be sent to the consumer.”

As per Commercial Circular No.24/2008:-

“Sub Free Electricity to Agricultural Tubewell Consumers.

Please refer to Commercial Circular No.10/2006 dated 1.3.2006. As per this Commercial Circular, instructions were issued as under:-

i) To give free electricity w.e.f. 1.9.2005 onwards to all categories of Agriculture tubewell consumers.

ii) To give free supply to only those tubewell consumers who are not defaulters of energy/flat rate charges for the period upto 31.8.2005 shall continue to receive energy bills and once such defaulter consumers come forward any time w.e.f. 1.9.2005 to pay the defaulting amount relating to the period upto 31.8.2005 then in that case, the consumption/flat rate charges for the period starting from 1.9.2005 shall not be charged and thereafter no bill will be sent to the consumer.”

As per Commercial Circular No.8/97:-

“...Free Electricity to Agricultural Tubewell Consumers

In suppression to C.C No. 50/96 dated 27-12-96, it has been decided by PSEB to give free electricity w.e.f. 14-2-97 onwards, to all categories of Agricultural Tubewells such as Tubewells covered under flat rate/metered supply category, agricultural tubewells released under SP category and tubewell connections released to PSTC/IB and under T.C.A. (Technical Co-operative Assistance) scheme etc., However, flat rate charges/electricity bills for full month of Jan.97 and Feb. 97 on prorata basis shall be payable by all the A.P. consumers except those who have already been exempted from payment of electricity charges under the signatures of AE/AEE....”

CE/Commercial Tariff Dte., Patiala has written a letter to All EICO/CEO (Op) in PSEB vide memo No.15412/18/c-1/TW/PTA dated 15.2.2001, Ex.OP1/2. The relevant portion of Ex.OP1/2 is reproduced hereunder:-

“In the past, a number of consumers got connections under SP category for Atta Chakkis & Fish Farming, but lateron some of the consumers started using these connections for running tubewell motors without approval from the Board. Due to mis-use of the supply, connections were disconnected in some cases by the Board.

The matter has been considered and it has been decided to allow re-connection of such tubewells under SP category as per Board's instructions. The consumers in such cases shall continue to be governed under SP category and make payment of their energy bills regularly. However, electronic meters duly sealed with lead paper seals should be installed on this premises of such SP consumers.

In view of above, connections recently disconnected on this account should be reconnected immediately after recovering requisite RCO fee and monthly minimum charges, as applicable.”

A perusal of record placed on file shows that the connection of the complainant has been changed into tubewell connection for the agriculture purpose and he has been receiving the bills of the tubewell connection. On the legal side the opposite parties submitted that the complainant is not a consumer as the fish farming connection was applied by him for the commercial purpose. The opposite parties have failed to place on file any evidence to prove that the complainant has been earning the huge profit and has employed a number of employees in the occupation of fish farming. Moreover the letter, Ex.OP1/2, is evident that the fish farming sector failed and consumers who obtained the electricity connection under Atta Chakki and fish farming got converted their SP connections to AP connections for tubewell, which is also evident from the bill produced by the opposite parties, Ex.OP1/3, thus the complainant is a consumer in the case in hand.

10. In the case in hand, the onus was on the complainant to prove that he has not been provided the free electricity despite his continuous efforts. On the other hand, the opposite parties produced before this Forum the complete file of the electricity connection of the complainant. The opposite parties are handling number of consumers and it is not possible for them to go through the case of each and every consumer and provide facilities to them of their own without approaching or seeking such relief by the consumer himself. Thus in such circumstances we are of the considered opinion that as per circulars mentioned above the complainant is entitled for the free electricity but w.e.f. institution of this complaint that too if the above mentioned Circulars in question are still applicable and free electricity supply is not stopped by the government to the category/scheme under which the complainant falls, by any further circular/instructions.

11. Therefore in view of what has been discussed above, this complaint is accepted without any order as to cost. The opposite parties are directed to give facility of free electricity to the complainant as per rules of Punjab State Power Corporation Limited keeping in view the above mentioned Circular Nos.8/97, 10/2006 and 24/2008 but with effect from the date of institution of this complaint i.e. 6.1.2014 that too if the above mentioned Circulars are still applicable and free electricity supply has not been stopped by the government to the category/scheme under which the complainant falls, by any further circular/instructions.

12. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.

13. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:- (Vikramjit Kaur Soni)

17-06-2014 President

(Sukhwinder Kaur)

Member

(Jarnail Singh)

Member