BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.

                                                Complaint No.CC/10/ 659 of 11.8.2011 

                                                Decided on:          26.8.2011

Kusam Lata wife of late Sh.Rameshwar Dass resident of village Bathonia Kalan, Tehsil Rajpura, District Patiala.

                                                                             -----------Complainant

                                      Versus               

1.     Sub Divisional Officer, The Punjab State Power Corporation Ltd., (East),Rajpura.

2.     The Punjab State Power Corporation Ltd., through its Managing Director, The Mall, Patiala.

                                                                             ----------Opposite parties.

                                      Complaint under Section 12 of the

                                      Consumer Protection Act.

                                      QUORUM

                                      Sh.D.R.Arora, President

                                      Sh.Amarjit Singh Dhindsa, Member

                                      Smt.Neelam Gupta, Member

Present:

For the complainant:     None

For opposite parties:     Sh.Pawan Puri, Advocate

                                         ORDER

D.R.ARORA, PRESIDENT

          The complainant is the consumer of electricity connection bearing account No.P32NF260725L as also the electricity connection bearing account No.P32NF260961M.The average consumption of the electricity through the aforesaid connections used to be between Rs.320/- to Rs.400/- bi monthly.

2.       The ops delivered bills for the month of May 2010 for Rs.8589/- in respect of account No.P32NF260725L and of Rs.8990/- in respect of account No.P32NF260961M which were against the actual consumption of the electricity. The complainant approached op no.2 for getting the bills corrected and for the checking of the electricity meter because the high consumption of the bill was due to the shooting up of the digits of the meter.

3.       Again in the month of December 2009 the complainant was served with a bill for Rs.2139/- .Again the complainant requested  op no.2 to rectify the bill and as per instructions of the officials of op no.2, the complainant deposited the amount of the said bill vide receipt no.84 dated 23.2.2010.

4.       It is further averred that despite the application to have been moved by the complainant, op no.2 failed to take any action either for the correction of the bill or the checking of the meter. Again on 9.4.2010 a bill for Rs.5841/- was sent showing the consumption of 726 units. The complainant requested op no.2 to rectify the bill or to get the meter checked but to no effect.

5.       It is further averred that again the complainant was served with a bill no.05110 dated 25.7.2010 showing Rs.8399/- as sundry charges in respect of account no.PB32NF260961M and Rs.14058/- in respect of account No.P32NF260961M.

6.       It is further averred that the complainant was ready to deposit the charges of the actual consumption but the ops threatened to recover the amount of the sundry charges and to disconnect the supply. Accordingly  the complainant approached this Forum through the present complaint brought under Section 12 of the Consumer Protection Act,1986 (for short the Act).

7.       On notice, the ops appeared and filed their written version. It is denied, if the bill of Rs.8589/- in respect of electricity connection bearing account No.P32NF260725L  and the bill for Rs.8990/- in respect of electricity connection bearing account No.P32NF260961M were not issued against the actual consumption or that the same was the result of shooting up of the caliberation system of the meter.

8.       It is further averred that the complainant has concealed the material facts. In fact, the complainant had not deposited the current electricity charges bills issued from 2/2010 to 8/2010 in respect of connection bearing account No.P32NF-260725.The complainant had consumed the electricity of 493 units during the bi monthly period of 2/2010, 726 units during the bi monthly period of 4/2010 and 570 units during the bi monthly period of 6/2010 and 236 units during the bi monthly period of 8/2010.The complainant had not deposited the amount of the bills of the aforesaid period and therefore, she was rendered liable to make the payment of the surcharge on the bill delivered to her during the period from 2/2010 to 8/2010 in respect of Rs.9514/- of account no. P32NF260725.

9.       As regards the amount of Rs.8990/- in respect of  account no.P32NF-260961 , a bill for the bi monthly period of 4/2010 was issued for the consumption of 5-6 units i.e. for Rs.2370+189(surcharge)=Rs.2559/- but the said bill was not deposited by the complainant. Again the bill was issued for bi monthly period of 6/2010 for 1208 units for Rs.5882/- + 2559/- arrears of the previous bill of 4/2010+ surcharge etc. of Rs.841/-= Rs.8920/-.The complainant was issued another bi monthly bill for the period of 8/2010 for 1341 units including the amount of Rs.9020/-, arrears of the  previous period alongwith surcharge  of Rs.602/-= Rs.16302/-.

10.     It is denied, if the bill for the month of December 2009 had been issued wrongly. When the complainant visited the office of op no.2, she was duly informed about the amount of the arrears and she was fully satisfied but she failed to deposit the amount. It is denied if the meter of the complainant was defective. Similarly, it is denied if, on 19.4.2010, the meter had  shown the higher consumption or that the  consumption of 726 for Rs.5841/-was on the higher side. The said bill relates to the peak period of hot season of the year. After denouncing the other averments of the complaint going against the ops, it was prayed to dismiss the complaint.

11.     In support of her case, the complainant produced in evidence her sworn affidavit,Ex.CW1/A, alongwith the documents,Exs.C1 to C18 and her learned counsel closed the evidence.

12.     On the other hand, on behalf of the ops, their learned counsel produced in evidence,Ex.R1, the written statement in the form of affidavit alongwith document,Ex.R2 and their learned counsel closed the evidence.

13.     The complainant filed the written arguments. We have examined the same, heard the learned counsel for the ops none having appeared on behalf of the complainant and gone through the evidence on record.

14.     It is the case of the ops that the complainant was issued the bi-monthly bills for the period 2/2010 for 493 units,  bi monthly bill for the period of 4/2010 for 726 units, bi monthly period of 6/2010 for 570 units and bi monthly period of 8/2010 for 236 units in respect of electricity account No.P32NF260725 and that she failed to deposit the amount of the same and thus, rendered her liable for the payment of the surcharge , in all Rs.9514/- .It was for the complainant to have led the evidence that she had deposited the amount of the electricity bills. She simply produced,Ex.C3 , the photo copy of the bill dated 22/12  date, account etc. not legible printed with a receipt no.84  dated 23.2.2010 for Rs.2139/- in respect of account No.P32NF 260725L and failed to produce any other receipt regarding the deposit of the bills of the aforesaid period. She also failed to make a deposition in her affidavit,Ex.CW1/A that she had deposited the bills of the aforesaid period and the plea taken up by the ops regarding the non deposit of the bills for the period 2/2010, 4/2010,4/2010,6/2010 and 8.2010 is incorrect and that she was not liable to pay a sum of Rs.9514/- in respect of account No.P32 NF260725.

15.     Similarly, it is the plea taken up by the ops that a bi monthly bill for the period 4/2010 was issued for 5-6 units for Rs.2370/- + Rs.189/-(Surcharge) = 2559/- in respect of account No. P32NF-260961 which was not deposited by the complainant. The complainant was issued bill for the bi-monthly period of 6/2010 for 1206 units for Rs.5882/-+ the arrears of Rs.2559/- of the previous bill of 4/2010 + surcharge etc. of Rs.841/- =8920/. The complainant was issued another bi monthly bill of 8/2010 of 1341 units including the arrears of Rs.8920/- of the previous period alongwith surcharge of Rs.602/- , in all for Rs.16302/-.Again the complainant  has not led any evidence that she had deposited the amount of the bills for the period 4/2010, 6/2010 and 8/2010 in respect of account No.P32NF260961  nor she has produced any receipt regarding the payment of the bills of the aforesaid period of the aforesaid connection. She has also not made any statement in her sworn affidavit,Ex.CW1/A that she deposited the amount of the aforesaid bills in respect of the aforesaid connection..

16.     Ex.C2, is the photo copy of the application dated 4.2.2011, to have been cancelled qua the date and written with another date as 6.4.2010 addressed to op no.1 for correcting the meter  and the amendment of the bill in respect of connection no. P32NF 260725L. There is , however, no proof regarding the said application having been submitted before op no.1 qua the deposit of the meter challenge fee. Ex.C3, is a compact photo copy of the receipt no.117 dated 5.3.2009 for the deposit of Rs.120/- in respect of account No.P32NF260961N No.118 dated 5.3.2009 and regarding the deposit of Rs.320/- as partial payment in respect of account No.P32NF260725L and apparently the same does not pertain to the meter challenge fee. There is no copy of the application dated5.3.2009 to have been moved by the complainant regarding the aforesaid two connections having made a prayer for the checking of the meter. Ex.C7, is the another copy of the similar application moved by the complainant on 13.5.2010 for the correction of the bill and the checking of the meter in respect of account No.P32NF260725L but again there is no proof regarding the same to have been submitted before op no.1 and the deposit of the meter challenge fee.

17.     In view of the aforesaid discussion, it would appear that the complainant failed to deposit the amount of the bills for the period 2/2010 to 8/2010 in respect of electricity connection bearing account No.P32NF260725 and the amount of the bills for the period 4/2010 to 8/2010  in respect of electricity connection bearing account No.P32NF260961 and therefore, the ops rightly showed the amount of bill for 31.5.2010,Ex.C10 in respect of account No.P32NF260725L for the period 22.3.2010 to 31.5.2010 showing Rs.5841/- as arrears alongwith surcharge and similarly they showed an amount of Rs.8990/- in bill, Ex.C9 dated 31.5.2010 for the period 22.3.2010 to 31.5.2010 in respect of account No.P32NF260961M showing Rs.2559/- as arrears alongwith the surcharge and which were further shown in the bill,Ex.C12 dated 25.7.2010 in respect of connection bearing account No.P32NF260961M and Ex.C11 dated 25.7.2010 in respect of account No.P32NF260725L.The complainant is liable to deposit the amount of same.  Apparently the  complaint on the face of it can be said to have been filed without any basis and the same is hereby dismissed.

Pronounced.

Dated: 26.8.2011

                             Neelam Gupta      Amarjit Singh Dhindsa    D.R.Arora

                             Member                Member                            President