Punjab

Nawanshahr

CC/49/2019

Baldev Raj - Complainant(s)

Versus

PSPCL - Opp.Party(s)

In Person

11 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES   REDRESSAL FORUM, SHAHEED BHAGAT SINGH NAGAR

 

Consumer Complaint No.   49 of 22.05.2019

             Date of Decision            :  11.09.2019

 

Baldev Raj son of Gurdas Ram, resident of Village Chuharpur, Post Office Kulam, Tehsil Nawanshahr, District SBS Nagar.

 

….. Complainant

Versus

 

1.       Punjab State Power Corporation Limited, Sub Division Office Nawanshahr, Tehsil Nawanshahr, District Shaheed Bhagat Singh Nagar through SDO.

 

2.       Punjab State Power Corporation Limited, Nawanshahr, District Shaheed Bhagat Singh Nagar through Senior Executive Engineer, Garshankar.

 

3.       Punjab State Power Corporation Limited, Nawanshahr, Tehsil Nawanshahr, District Shaheed Bhagat Singh Nagar through XEN Nawanshahr.

 

…Opposite parties

 

(Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

 

SH.KULJIT SINGH, PRESIDENT

SH.KANWALJEET SINGH, MEMBER.

COUNSEL FOR THE PARTIES:

 

For complainant            :         Complainant in person.

For OPs no.1 to 3          :         Sh. S.S Garcha, Advocate

 

Per KULJIT SINGH, PRESIDENT

 

1.                 The present complaint has been filed by complainant under Section 12 of the Consumer Protection Act, 1986 against OPs on the averments that  a domestic electricity connection bearing no.N44SB430261L issued by PSPCL/OPs with load of 2.9900 KW. The bill dated 18.01.2018 issued to him by OPs as per his actual consumption.  On 18.01.2019 a bill of Rs.20133/- was issued to him which shows consumption of 4750 to 7131 units, which is according to wrong reading due to defective meter. The consumption of above units has not been consumed by him. He approached OPs for rectification of above said bill, but of no use. Again on 13.03.2019 a bill of Rs.22605/- was issued to him and on 14.05.2019 a bill of Rs.24,540/- was issued to him. He visited in the office of OPs many times for rectification of the above said electricity bills but all in vain. The OPs issued bill to him as per wrong reading taken by employees of OPs due to defective meter. Due to this act and conduct of OPs, he suffered a great mental loss and harassment. Therefore, he filed the present complaint and prayed that the OPs be directed to issue fresh bills according to his actual consumption. The complainant is also held entitled to Rs.10,000/- for mental harassment.

2.                 Upon notice, OPs appeared and filed written reply and contested the complaint of the complainant by raising preliminary objections that complaint is not maintainable. The complainant has got no cause of action to file the present complaint. The complainant has suppressed the material facts from the Forum. On merits, it was averred that bill issued to complainant as per reading of electric meter. The complainant consumed 2381 units in the month of January 2019 and bill was prepared by OPs as per consumption consumed by complainant.  On 27.05.2019 complainant challenged the meter by depositing the amount of Rs.120/- and old meter was changed, vide MCO No. 165/30 dated 27.05.2019. The old meter was packed, sealed and sent to ME Lab Goraya in the presence of the complainant and he signed the MCO report and he gave written consent/NOC to OPs to check the meter in his absence. Meter was checked in the presence of XEN Enforcement Wing Nawanshahr. AE ME Lab Goraya and AEE Sub Urban PSPCL Nawanshahr. During checking, meter was found to be running fast overall by 11.39 percent fast, vide store challan no.56 dated 03.06.2019. Since the meter was running fast overall by 11.39 so 243 units are refundable to consumer. Rest of the averments of the complainant were denied by OPs and they prayed for dismissal of the complaint.

3.                The complainant has tendered in evidence his self declaration as Ex.CW-1 along with copies of documents Ex.C-1 to Ex.C-6 and closed the evidence. As against it; OPs tendered in evidence affidavit of  Arun Sheikhar SDO/AEE as Ex.OP-A along with copies of documents Ex.OP-1 to Ex.OP-5 and closed the evidence.

4.                 We have heard learned counsel for the parties and have also examined the record of the case very minutely.

5.                Evidence on the record has been examined by us with the able assistance of counsel for the parties. The complainant deposed his deposition contained in his self-declaration Ex.CW-1 on the record. He deposed that OPs wrongly issued bills dated 13.03.2019 of Rs.22,605/- and bill dated 14.05.2019 of Rs.24,540/- issued to him. He also alleged that this bill issued to him without his consumption. He approached OPs for rectification of this bill but of no use. He further alleged that due to this illegal act of OPs, he suffered great mental harassment.  Ex.C-1 is aadhar card of the complainant. Ex.C-2 is bill dated 18.01.2918 for payment of Rs.1926/- . Ex.C-3 is bill dated 17.07.2018 for payment of Rs.1247/-. Ex.C-4 is bill dated 18.01.2019 for payment of Rs.20,133/-. Ex.C-5 is bill dated 13.03.2019 for payment of Rs.22,605/-.Ex.C-6 is bill for payment of Rs.24,540/-                        .

6.                 To counter this evidence of the complainant, OPs relied upon affidavit of Arun Sheikhar SDO/ AEE Nawanshahr. This witness stated that it is correct that electric connection bearing no.N44SB430261L is running in the name of the complainant Baldev Raj son of Gurdass Ram and sanctioned load to this connection is 2.909 kw. This witness further stated that bills issued to the complainant as per consumption of units consumed by him.  On 27.05.2019 he challenged the meter by depositing amount of Rs.120/- as fee. Ex.OP-1 is order serial No.165 dated 27.05.2009 regarding change of electric meter. On the same day, OPs changed meter, vide MCO no. 165/30. Old meter was packed, sealed and sent to ME Lab Goraya in the presence of the complainant and he signed the MCO report and he gave written consent/NOC to OPs to check the meter in his absence. The meter was checked in the presence of XEN Enforcement Wing Nawanshahr, AE ME Lab Goraya and AEE Sub  Urban PSPCL Nawanshahr. During checking, meter was found to be running fast overall by 11.39% fast, vide store challan no. 56 dated 03.06.2019. Since the meter was running fast overall by 11.39 so 243 units are refundable to consumer. Ex.OP-3 is letter regarding checking of meter addressed to OPs by complainant. Ex.OP-4 is consumption chart. Ex.OP-5 is challan no. 56 dated 03.06.2019, which shows that meter was found to be fast overall by 11.39%.

7.                From perusal of entire evidence on the record and hearing respective pleadings of the parties, we find that it is an established fact that a domestic electricity connection issued to complainant and OPs issued electricity bills to complainant from time to time and complainant deposited the bills issued to him regularly. The complainant alleged in his complaint that earlier OPs issued electricity bills to him as per his actual consumption and every bill issued to him near about of Rs.2000/- per month. The bill dated 18.01.2018 issued to him by OPs as per his actual consumption.  On 18.01.2019 a bill of Rs.20133/- was issued to him which shows consumption of 4750 to 7131 units, which is according to wrong reading due to defective meter. The consumption of above units has not been consumed by him. He approached OPs for rectification of above said bill, but of no use. Again on 13.03.2019 a bill of Rs.22605/- was issued to him and on 14.05.2019 a bill of Rs.24,540/- was issued to him. He visited in the office of OPs many times for rectification of the above said electricity bills but all in vain. The OPs issued bill to him as per wrong reading taken by employees of OPs due to defective meter. The bills of Rs.20,133/- dated 18.01.2019, bill of Rs.22605/- dated 13.03.2019 and bill dated 14.05.2019 of Rs.24540/- issued to him wrongly, due to defective meter. The  reading of electric meter taken by employees of OPs wrongly and due to this consumption of units increased suddenly, this shows something wrong on the part of OPs.

8.                OPs pleaded in their written statement that electricity bill was sent to complainant as per consumption of the complainant. OPs further pleaded that old Meter was packed, sealed and sent to ME Lab Goraya in the presence of complainant and he signed the MCO report and secondly they stated that he gave written consent/NOC to OPs to check the meter in his absence. Therefore, in the pleadings of the OPs, there are some contradictory view taken by them. The complainant approached OPs many times for rectification of bills, which have issued to him wrongly due to defective meter. Meter sent to Goraya for checking and the same was opened and checked in the absence of complainant, which is against the rules of PSPCL & Electricity Supply Instruction Manual. The presence of complainant is necessary when meter checked and opened. OPs also packed and sealed the meter in the absence of complainant.  

9.                In view of above facts and circumstances of the case, we allow the complaint of the complainant and      OPs are directed to issue fresh bills to the complainant after taking average consumption of the last year of the same months. Opposite parties are also directed to deduct 50% amount out of the disputed bill amount i.e. Rs.12,250/- which has already deposited by complainant, as per order of this Forum dated 23.05.2019 in future bills. The complainant is also entitled to Rs.1000/- as compensation for mental tension and harassment and Rs.500/- as cost of litigation.

10.              The compliance of above said be made by the OPs within a period of 30 days from the date of receipt copy of this order.   

11.              Let copies of the order be sent to the parties, as permissible, under the rules.

Dated: 11.09.2019

                              (Kanwajeet Singh)                (Kuljit Singh)

                                 Member                                President