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

                                  Consumer Complaint No.490 of 2016

                                                Date of institution:  17.08.2016                                                 Date of decision   :  10.05.2017

Avtar Singh son of Malkiat Singh resident of House No.623, Sector 2, Mundi Kharar, Tehsil Kharar, District SAS Nagar (Mohali).

……..Complainant

                                        Versus

1.     Punjab State Power Corporation Ltd. through its SDO Kharar.

2.     Punjab State Power Corporation Ltd. through its Chief Engineer, Block/Branch Kharar.

                                                      ………. Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum

Shri Ajit Pal Singh Rajput, President 

Shri Amrinder Singh Sidhu, Member         

Mrs. Natasha Chopra, Member

Present:    Shri Amrinder Singh, counsel for the complainant.

                None for the OPs.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant Avtar Singh has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant is consumer of the OPs having electricity account No.MF39/4017. He belongs to SC category and as per Govt. Rules 200 free units of electricity are being provided to the persons belonging to SC category. The complainant received bill of Rs.40,760/- on 05.09.2014. The complainant submitted an application/request to the OPs for correction of the electricity bill by mentioning the electricity code of 0.20 KW. The matter was sorted out on 27.10.2014 in the Disputes Settlement Committee of the OPs with the direction that the complainant first deposit 20% amount of the total bill. Accordingly, the complainant deposited Rs.8,000/- on 10.11.2014 with the OPs vide demand draft.  Ultimately the Disputes Settlement Committee decided the case in favour of the complainant on 05.04.2016. Again on 15.07.2016 the OPs issued bill of Rs.34,200/- to the complainant. On approaching, the OPs asked the complainant to first deposit Rs.21,410/- of this bill amount and thereafter the request of the complainant would be considered.  Hence this complaint for giving directions to the OPs to refund him Rs.8,000/- alongwith interest@ 18% per annum from 10.11.2014 till realisation; to pay him Rs.15,000/- as compensation for mental and physical harassment.

3.             Upon notice the OPs caused appearance through Shri Ashok Sharma, Advocate who filed memo of appearance on 19.10.2016 and sought adjournment for filing power of attorney and reply which was allowed for 18.11.2016.  However, on 18.11.2016 neither anybody appeared nor reply and power of attorney was filed on behalf of the OPs.   Since the OPs could not file reply within the stipulated period of 45 days, in view of the decision dated 04.12.2015 of Hon’ble Supreme Court in New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd.  the complaint was proceeded with and the case was posted for evidence of the complainant.

4.             In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of bill Ex.C-1; letter Ex.C-2; cheque Ex.C-3; letter Ex.C-4; letter Ex.C-5 and bills Ex.C-6 to Ex.C-8.

5.             Learned counsel for the complainant has argued that despite decision of the Disputes Settlement Committee dated 05.04.2016 the OPs have not rectified the bill of the complainant for the period 5/2014 to 7/2014 and again sent him bill dated 15.07.2016 to the tune of Rs.34,200/-. He has further argued that even when approached the OPs asked the complainant to first deposit Rs.21,410/- against this bill and then his request would be considered. The OPs have not adhered to the decision of the Disputes Settlement Committee.  This act on the part of the OPs amounts to deficiency in service for which the complaint deserves to be allowed and the complainant deserves to be compensated.

6.             We have gone through the pleadings, evidence and written as well as oral arguments of the counsel for the complainant. The OPs have initially caused appearance through counsel but thereafter none appeared for them and even no reply and evidence was filed on their behalf. This conduct of the OPs shows that they have knowledge of the averments of the complaint. However, in the prayer clause besides compensation for mental agony and harassment the complainant seeks refund of amount of Rs.8,000/- which he had deposited with the OPs on 10.11.2014 vide Ex.C-3 when he filed an application before the Disputes Settlement Committee of the OPs regarding his bill dated 05.09.2014. The appeal of the complainant before the Disputes Settlement Committee has been decided vide decision dated 05.04.2016 Ex.C-5. Thus, this Forum sees no reason to issue direction to the OPs to refund this amount.  Hence, we hold that the complainant is not entitled to refund of Rs.8,000/- from the OPs.

7.             Accordingly, in view of our aforesaid discussions, the present complaint is dismissed with no order as to costs.

                The arguments on the complaint were heard on 25.04.2017 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

Dated: 10.05.2017    

                                         (A.P.S.Rajput)           

President

 (Amrinder Singh Sidhu)

Member

(Mrs. Natasha Chopra)

Member