DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.689 of 2015
Date of institution: 24.12.2015 Date of decision : 14.10.2016
Dharampal Singh son of late Asha Ram resident of VPO Devi Nagar, Tehsil Dera Bassi, District, Mohali.
……..Complainant
Versus
1. Punjab State Power Corporation Ltd., The Mall, Patiala through its Managing Director.
2. The SDO, PSPCL, Village Saidpura, Tehsil Dera Bassi, District, Mohali.
………. Opposite Parties
Complaint under Sections 12 to 14
of the Consumer Protection Act.
Quorum
Shri Amrinder Singh Sidhu, Presiding Member.
Mrs. R.K. Aulakh, Member.
Present: Complainant in person.
None for the OPs.
ORDER
By Amrinder Singh Sidhu, Presiding Member.
The complainant has filed the present complaint pleading that he is consumer of the opposite parties as he is availing services of the opposite parties. He is having electricity connection in his name bearing account No.22IUF 320834A. This new meter installed worked properly for few months and then it started giving more (excessive) consumption of the electricity than the actual use and so complainant has to pay extra amount of Rs.12,020/- vide cheque No.911780 dated 21.06.2014 due to fault of meter. The copy of receipt No.64 dated 23.06.2014 of Rs.12,020/- is annexed as Annexure-1. As per receipt No.280 book No.E Bill No.6411 dated 18.06.2014 the complainant challenged the electricity meter and bill of Rs.12,020/-. The complainant filed a complaint of above said meter and the opposite parties replaced the said meter with a new one and they started issuing the electricity bills on average bill basis and thereafter on 23.04.2015 they started issuing correct bill as per their consumption. The complainant has made several visits to the office of the opposite parties either to refund amount of Rs.12,020/- or adjust it in new (future) bills but the opposite parties flatly refused to do so. There is deficiency in service by the opposite parties. The complainant who is a heart patient (with a pacemaker installed in his heart) suffered a lot of mental tension and harassment due to negligence of the opposite parties. Lastly the complainant prayed for a direction to the opposite parties to refund the amount of Rs.12,020/- or adjust the same with new (future) bills and also pay compensation of Rs.50,000/- alongwith interest @ 18% per annum from the date of deposit till its realisation.
2. After the service of notice upon the opposite parties, the opposite parties appeared before this Forum through their counsel who filed his power of attorney on behalf of the opposite parties but failed to file written version with within prescribed period under the Consumer Protection Act, 1986. The complaint was proceeded with as per Consumer Protection Act, 1986.
3. In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of cheque Ex.C-1; receipts Ex.C-2 and C-3; letters Ex.C-4 to C-6 and bill Ex.C-7.
4. The opposite parties failed to lead evidence. The complainant argued his case but the opposite parties neither submitted written arguments nor argued the matter before this Forum.
5. It is held that the complainant is a consumer of the opposite parties as he is availing services of the opposite parties for consideration. Further the complaint is filed within limitation period as cause of action arose on 18.06.2014 when he deposited fee for checking the meter in Lab. and the present complaint is filed on 24.12.2015 i.e. within period of two years. Further it falls within territorial jurisdiction of this Forum as cause of action arose to the complainant within area of revenue estate of the District of this Forum and it is also within pecuniary jurisdiction of this Forum as the claim claimed by the complainant is Rs.62,020/- (Rs.12,020/- + Rs.50,000/-).
6. The complainant has proved that he deposited an amount of Rs.12,020/- with the opposite parties vide bill receipt No.64 dated 23.06.2014 which is Ex.C-3. As per complainant this bill was excessive against his electricity consumption due to malfunctioning of electricity meter. Therefore, he has challenged the electricity meter. He has proved that he has challenged the electricity meter vide receipt No.280 book No.E bill No.6411 dated 18.06.2014 which is Ex.C-2. In view of this meter challenge receipt, the opposite parties are duty bound to check the meter in the Lab. as per concerned/relevant rules, regulations and law and give a copy of report to the complainant. There is nothing on record that proves that the opposite parties checked the meter in Lab. and prepared a report as per relevant rules, regulations and law. The complainant has discharged his duty by depositing the fee (Ex.C-2) with the opposite parties to check the meter in Lab. but the opposite parties failed to perform its duty and, therefore, there is deficiency in service on the part of the opposite parties. Further the opposite parties have failed to defend their case or represent their case in any manner before this Forum. They not even filed written version within prescribed time period as per Consumer Protection Act, 1986. Neither the OPs have lead any evidence nor argued the case. It all shows that the opposite parties have nothing to say about it. In nut shell, the opposite parties miserably failed to rebut or defend the complaint of the complainant.
7. Therefore, the opposite parties are directed to refund the amount of Rs.12,020/- (Rs. Twelve thousand twenty only) alongwith interest @ 12% per annum from the date of deposit till actual payment within 45 days of this order and also pay a lump sum compensation of Rs.10,000/- (Rs.Ten thousand only) to the complainant.
The arguments on the complaint were heard on 07.10.2016 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
Dated: 14.10.2016
(Amrinder Singh Sidhu)
Presiding Member
(Mrs. R.K. Aulakh)
Member
