DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAS NAGAR (MOHALI)

Consumer Complaint No.686 of 2017

                                               Date of institution:          05.09.2017                                          Date of decision   :          02.11.2022

Ajay Kumar R/o No.146, Saini Vihar, Phase-1, Baltana, Tehsil Dera Bassi, District SAS Nagar (Punjab)140603.

…….Complainant

Versus

Punjab State Power Corporation Limited, Office of the Assistant Engineer Commercial Sub Division-Zirakpur, Old M.C. Office Building, Zirakpur, District SAS Nagar ( Punjab) Pin-140603 through its Assistant Executive Engineer ( Commercial)

                                                                      ……..Opposite Party

Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Ms. Gagandeep Gosal, Member

Present:    Sh. Ajmer Lal Punder  , cl for the complainant.

                OP ex-parte.

As per  :-  Ms.Gagandeep Gosal, Member .

Order

                     This  order shall dispose of  the present complaint filed  by the complainant Ajay Kumar. This complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The complainant ( for short “ the Cc”) alleges that he is the owner of residential house No. 146 situated at Saini Vihar, Phase-1, Baltana, Tehsil Dera Bssi, SAS Nagar ( Punjab) and having electricity connection in his house  bearing account  Z74ZK110505 N for domestic purpose. The Cc further alleges that the opposite party (for short ‘the Op’) is the  Electricity service provider  having its office throughout the State of Punjab and one of its office is situated at Zirakpur, The Cc alleges that he has been regularly paying  the electricity bills for the past as well in the present and there was no dispute  regarding  pending payment of any regular bill. That the last regular bill for the period from 24.03.2017 to 30.05.2017 amounting to Rs. 3130/- was already paid on 12.06.2017. The Cc alleges that  in the month of May 2017, he received memo no. 16923 dated 21.04.2017 informing him  that the OP’s Internal Auditor’s Team  has raised an extra outstanding bill for Rs. 1,37,398/- for the period from February, 2016 to June ,2016 and instructed him to deposit the same within  7 days  from the receipt of said notice, failing which the electricity connection will be disconnected.  It was also stated that it was the last opportunity. That to the surprise of the Cc the officials  of the op adopted coercive method  of cutting the electricity connection from his house on 18.05.2017 without any prior intimation or notice to the Cc. Hence he  approached the office of the Op immediately on the same day  to know the reason of disconnection. The Cc expressed his innocence before the competent authority  and repeatedly requested the Op to restore  the connection to avoid any inconvenience  to his family in such   hot days and nights in the  summer season  in the month of May. The requests of the Cc were ignored. However the Cc further states that  with the help of some local respectable  persons and after lengthy discussions, the electricity connection  of the complainant was restored on 23.05.2017. The Cc had to undergo under rigmarole circumstances for six days in dark and suffered harassment and mental agony which cannot be compensated. The Op insisted  on payment of Rs. 1,37,398/- as per demand letter dated 21.04.2017 on the advice of their Internal Audit Team without explaining any reason. The Cc made a registered written request on 05.06.2017 before the competent authority in the office of the op explaining all the facts and circumstances and requested them not to disconnect the electricity connection again without verifying their account minutely and correct the mistake . When the personal efforts of the Cc failed, he got his grievance published in daily newspaper on 27.05.2017 but the Op did not pay any heed to this piece of  news as well.  The Cc further states that the Op did not respond to his representation dated 05.06.2017 nor adjusted or corrected the outstanding charges. The Op reflected the disputed amount in the recent current bill generated for the period from 30.05.2017 to 25.07.2017 due for payment on or before 08.08.2017. This shows the adamant conduct of the Op and even they are not ready to cooperate  in any manner.  The Cc further states that the meter installed by the Op in his house is working in good condition, as meter reading showing in the regular bills itself  speak of the truth.  The Cc  states that the meter reading shows that there has been consumption of electricity between 348 to 493 units per two months. Cc has also placed  bills showing the meter reading on the file. Cc further state that the Op  or their representatives  have neither reported any fault in the meter reading nor  had taken any steps to check the working of the meter in the past or in present and they had never asked him  to deposit the meter checking fee to get the meter tested in the ME Lab, if they observed any fault in the meter. Besides, the Cc has not celebrated any marriage or other family functions during the period in question i.e. 02.06.2016 to 6.06.2016 to justify the excessive consumption recorded by them. The Cc has also served a legal notice  upon the Op on 17.07.2017 to settle the dispute within 15 days  but the Op did not pay any heed to the legal notice. Failing to get any redressal of his problem, the Cc  has approached this Comission as he has been made to suffer harassment and mental agony for no fault and prays for huge heavy cost to be imposed upon the op for deficiency in service and unfair trade practice without any sufficient cause or reason. The Cc state that this Forum has jurisdiction and the complaint is within limitation.

           The CC has prayed for allowing his complaint and directed the Op to quash the illegal demand of Rs. 1,37,398/- and to cancel the electricity bill for the period from 30.05.2017 to 25.07.2017,    to pay compensation  to the tune of Rs. 1,00,000/- for harassment, mental agony and suffering caused to the Cc  for their unfair trade practice and deficiency service due to non settlement  of the dispute and to pay Rs. 22,000/- as cost of litigation and other relief which  the hon’ble Forum may deem fit.

2.             Earlier Sh.AnkushAggarwal, advocate had appeared on behalf of the Op and filed an  MA application for directing the  complainant to get the electricity meter checked from the ME Lab Ropar. Reply to this application was filed by the Cc. Thereafter none appeared on behalf of the Op since 24.08.2018  and the Op was proceeded against  ex-parte vide order dated 18.10.2018 and the application was dismissed in default for want of appearance by the Op.

3.             The complainant has submitted in evidence his affidavit Ex CW1/1 and  documents  C-1 to 13.

4.             We have perused the file with the able assistance of Ld.counsel for the CC.

5.               It is an admitted fact that the Cc has received  memo No. 16923 dated 21.04.2017  i.e.  Ex C-3 for payment of Rs. 1,37,398/- for  the period from February 2016 to June, 2016 as per report of the internal Auditor , PSPCL. It is also correct that Cc had filed a representation i.e. Ex C-4 regarding over charging  in the context of the above mentioned memo no. 16923.  However, the Op did not pay any heed  to the said representation.  It is also correct that the Cc had issued a legal notice dated 17.07.2017  Ex C-11 regarding the same memo. However, again the Op did not pay any heed to it. We have perused the various electricity bills  i.e. Ex C-1, Ex C-2, Ex C-7, Ex C-8, Ex C-9 and Ex C-10 placed by the Cc on the file which show that the consumption of electricity of the  Cc had never been excessive   as to call for an amount of Rs.  1,37,398/- to be pending as arrears as per the Internal Auditor’s Team. It is also correct that there were no pending  arrears on the part of the Cc towards  the Op. As per Ex C-13, the  Cc has paid the amount as per the memo Ex C-3 also with the current electricity bill.  We have come to the conclusion that the Op has not provided any calculation as to how the amount of Rs. 1,37,398/- became due  to the Cc . The Op has even  not replied/ addressed the issue raised by the Cc  to the two legal notices sent by the Cc and even chose to be proceeded ex-parte. Hence we come to the conclusion that   on the basis of documents/exhibits  filed by the Cc that the act of the  Op is not justified  in issuing the memo Ex C-3. Moreover,  it is also against their own rules and regulations i.e. 30.1.2 of the Electricity Supply Code and Related Matters,2014 ( as came in force w.e.f 01.01.2015) which states that:-  

“ 30.1.2:- The bill cum notice  for arrears  in case of under assessment or the charges levied as a result of checking etc shall be initially tendered separately and shall not be clubbed with the current  electricity bill. The arrear bill cum notice would briefly indicate the nature and period of the arrears along with calculation details of such arrears” xxxxx. The Op has not provided any calculation details as to  be  provided by the  supply code. Thus violating their own mandatory rules and regulations.   We are supported by the judgement  of  “Gurminder Singh vs. Punjab State Power Corporation Limited”, District Consumer Disputes Redressal Comission, Ludhiana, CC No. 184/2016 decided on 10.05.2014 in this regard.

6.        In view of the above discussion, we allow the present complaint and direct the Op to refund the amount of Rs. 1,37,398/- along with interest @ 9% P.A to the Cc from the date of issue of memo dated 21.04.2017 Ex C-3. The Op is further directed to pay compensation of Rs. 10,000/- to the Cc on account of deficiency in service, arbitrary conduct, harassment and  Rs. 7,500/- as litigation expenses. Free certified copies of this order be sent to the parties.   File be indexed and consigned to record room. The case could not be decided within the statutory period  due to spread of Corona Virus and rush of work.