BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                  Consumer Complaint No.561 of 2015

                                 Date of institution:          16.10.2015

                                                    Date of Decision:             04.08.2016

Harvinder Singh Kohli son of Sohan Singh, resident of H.No.91, Ashiana Colony, Dera Bassi, Tehsil Dera Bassi, District SAS Nagar.

                                             ……..Complainant

                                        Versus

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

2.     XEN, Punjab State Power Corporation, Circle Lalru, Tehsil Dera Bassi, District SAS Nagar (Mohali).

3.     Sub Divisional Officer, Punjab State Power Corporation, Sub Division, Dera Bassi, Tehsil Dera Bassi, District SAS Nagar (Mohali).

4.     Executive Engineer, Punjab State Power Corporation, Sub Division, Dera Bassi, District SAS Nagar (Mohali).

5.     Chairman, Punjab State Power Com. Ltd., Mall Road, Patiala.

                                                              ………. Opposite Parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

CORAM

Shri A.P.S. Rajput, President,

Shri Amrinder Singh Sidhu, Member.

Present:    Complainant in person.

                Shri Aksh Chetal, counsel for the OPs.

(Amrinder Singh Sidhu, Member)

ORDER

                The complainant pleaded in the present complaint that the Opposite Parties have installed an Electricity Domestic Connection of 9.38 K.W. bearing account No.221UD511640N in his name since year of 1997. The complainant is paying his bills regularly. That in the month of December, 2014 the complainant was shocked when he received electricity bill No.647 dated 08.12.2014 of his house amounting to Rs.95,320/- from the office of Opposite Party No.3. He submitted an application for correction of electricity bill No.647 therein mentioning that the electricity meter is not working properly and requested to change the same with new one. The O.P.  did not take any action. Further Opposite Parties illegally and unlawfully sent an electricity bill to the complainant amounting to Rs.1,08,600/- on  05.10.2015. Since 09.12.2014 the complainant is running from pillar to post but till the date of filing of this complaint no action was taken by the Opposite Party. The act of Opposite Parties comes within purview of deficiency in service. Opposite Parties, just to extract easy money from complainant, has given a notice dated 15.10.2015 for disconnecting the electricity connection of the house of the complainant.

                Lastly the complainant prayed for direction to the Opposite Parties to correct the electricity bill  of the house of complainant w.e.f. December, 2014 to till date and further direct Opposite Party No.1 to 4 to pay compensation to the complainant to the tune of Rs.5,00,000/- for physical suffering, mental harassment, pain and agony etc.

2.             After service of notice, the Opposite Parties appeared through counsel and filed written version. Opposite Parties took preliminary objections that the present complaint is not maintainable; electricity bills issued as per actual consumption. On merits, Opposite Parties denied all the allegations made against them in the complaint. Opposite Parties mentioned that meter of the complainant was sent to M.E. Lab, Ropar and complainant was duly informed about the status of his electricity meter report. Lastly, Opposite Parties prayed for the dismissal of complaint with costs.

3.             Evidence of the complainant consists of his affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-17.

4.             Evidence of the Opposite Parties consist affidavit of Er. Mohinder Pal, SDE as Ex.OP-1/1 and copies of documents Ex.OP-1 to Ex.OP-4.

5.             We have heard the arguments and also gone through the file of the case.

                The main allegation made by the complainant is that the electricity meter of the house of complainant is not working properly and requested for change of the same with new one. He deposited an amount of Rs.450/- as fee, vide receipt No.377 book No.6458 on 19.12.2014.

                The complainant himself placed on record Ex.C-4 which  is a notice bearing memo No.1562 dated 15.10.2015 addressed to the complainant by the Opposite Party through which complainant is informed that as per report of M.E. Lab. his electricity meter is found correct. Further Opposite Party admitted that spot billing was not read from June, 2014 till December, 2014 and, therefore, average of that period was adjusted in January, 2015. He is further asked to deposit amount of Rs.1,08,600/- within 7 days from the receipt of this notice. Further the copy of same notice is exhibited by Opposite Parties as Ex.OP-2. Further, Opposite Parties have placed on record M.E. Lab. Report Ex.OP-4 vide which it is found that the meter of the complainant is correct.

                So in view of above discussion, complainant is liable to pay the actual consumption as meter is found correct as per M.E. Lab report which is Exb.OP-4. However, Opposite Parties are held deficient in service on account of non delivered of bill amount to the complainant from August, 2014 till December, 2014. The Opposite Parties have adjusted average bill from August, 2014 till December, 2014 in the bill of the complainant for the month of January, 2015.  The Opposite Parties are duty bound to send bill every periodical period to the complainant so that he may be able to pay the same in time. If the Opposite Parties have not delivered the bill to the complainant then it is not possible for him to pay the same. Hence, it is deficiency in service on the part of the Opposite Parties for which the opposite parties are liable to pay lump sum compensation of Rs.10,000/- (Rs. Ten thousand only) to the complainant. However, the Opposite Parties are entitled to recover only amount of actual consumption consumed by the complainant for the period of August 2014 to December, 2015 without any penalty and interest thereon.

6.             Therefore, the complaint is partly accepted and the Opposite Parties are directed to issue fresh bill to the complainant of only amount of actual consumption without imposing any penalty and not on average basis by imposing penalties and interest upon the amount. In event of non availability of actual consumption of electricity from August, 2014 to December, 2015, the Opposite Parties are directed to issue fresh bill as per consumption of previous year of same months i.e. August, 2013 to December, 2013 without any penalty and interest thereupon and to pay lump sum compensation of Rs.10,000/- (Rs. Ten thousand only) to the complainant. Compliance of the above directions be made within a period of 45 days from the date of receipt of a certified copy of this order.

                The arguments on the complaint were heard on 28.07.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced.                           

August 04, 2016.     

(A.P.S. Rajput)

President

                                                        (Amrinder Singh Sidhu)

Member