DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 38/2017
Date of Institution : 29.03.2017
Date of Decision : 09.02.2018
Gurmeet Singh son of Malkiat Singh resident of Amla Singh Wala, Tehsil and District Barnala.
…Complainant
Versus
P.S.P.C.L the Mall Patiala, through its Secretary
XEN P.S.P.C.L Sub Division Sanghera, District Barnala.
SDO Punjab State Power Corporation Limited Sanghera District Barnala.
Ranjit Singh J.E. of P.S.P.C.L Sanghera.
…Opposite Parties
Complaint Under Section 12 of Consumer Protection Act.
Present: Sh. N.P. Singh counsel for the complainant.
Sh. S.K. Kotia counsel for the opposite parties.
Quorum.-
1. Shri Sukhpal Singh Gill : President
Ms. Vandna Sidhu : Member
ORDER
(SUKHPAL SINGH GILL, PRESIDENT)
The complainant namely Gurmeet Singh has filed the present complaint against Punjab State Power Corporation Limited & Ors. (hereinafter called the opposite parties). It is alleged that the complainant applied for the release of electricity connection in his residential house at village Amla Singh Wala Tehsil and District Barnala and the opposite parties released the electricity supply connection in his house vide account No. 3003345850 and an Electric Meter was installed outside the house of complainant by installing a Transformer by got depositing the security amounting to Rs. 1,400/- vide receipt dated 2.8.2016. It is further alleged that the opposite parties issued an electricity supply consumption Bill No. 1284217B181321435 dated 18.2.2017 amounting to Rs. 70/- and the same has been deposited by the complainant vide receipt dated 3.3.2017.
2. It is further alleged that on 14.3.2017 Ranjit Singh JE removed the above said electric meter illegally and arbitrarily without the consent and knowledge of the complainant and the meter was not sealed in the presence of complainant or any other person duly authorized by the complainant. The complainant met with opposite party No. 4 and requested him to tell the reason for removal of electricity meter then he demanded illegal gratification and given threat to implicate the complainant in a case of theft of electricity. The complainant brought the said facts to the knowledge of opposite parties No. 2 & 3 and written complaint was also sent to the SHO Police Station Barnala on 17.3.2017, but all in vain. Thereafter, the opposite party No. 4 issued two bills dated 15.9.2014 amounting to Rs. 32,650/- and dated 17.11.2014 amounting to Rs. 37,700/- in the name of Dara Singh son of Niranjan Singh and were sent to the complainant to deposit the above said amount and then they will restore the electricity supply to the house of the complainant. It is further alleged that the complainant has no concern with the meter against the above said bills have been issued nor the premises in which the said meter was installed. Due to the removal of said electric meter from the house of the complainant the electricity supply has been disconnected by the opposite party No. 4 and his family members are suffering a lot. The complainant was never caught by stealing the electricity energy at any point of time. The above said act of the opposite parties caused mental tension, agony and physical harassment to the complainant. Hence, the present complaint is filed for seeking following reliefs:-
To restore the electricity supply to the house of the complainant immediately and not demanded the amounts on the basis of bill dated 17.11.2014 amounting to Rs. 37,700/- and bill dated 15.9.2014 amounting to Rs. 32,650/- issued in the name of Dara Singh son of Niranjan Singh.
To pay Rs. 20,000/- as compensation and Rs. 10,000/- as litigation expenses.
3. Upon notice of this complaint, the opposite parties filed written version taking legal objections on the grounds of no locus standi or cause of action, concealment of facts. It had been also concealed by the complainant that his house in dispute has been purchased by him from one Dara Singh resident of Amla Singh Wala. On merits, it is denied that Ranjit Singh JE has removed the meter illegally or in arbitrary manner or without the knowledge of complainant. It has also been concealed by the complainant that at the time of purchasing the house, the electricity connection had already been in the name of said Dara Singh under Account No. L21AM450386P. Since the date of purchase, the complainant had been consuming the electricity, but failed to pay the electricity consumption bills and due to this reason the electricity connection was disconnected vide disconnection order dated 24.6.2015. It is further submitted that in August 2016, the complainant applied for new connection on his name in his house in dispute after concealing the above mentioned material facts. The connection was got issued and meter was got installed due to the change of name of consumer. As such, both the electricity connections had been running in the same house in dispute of the complainant. Therefore, an amount of Rs. 1,05,031/- outstanding on dated 22.3.2017 against the above said Dara Singh has been tranferred in the account of complainant as per rules and regulations. But the complainant had also failed to deposit the above said defaulting amount. As such, after giving a reasonable opportunity to the complainant the connection has been disconnected vide disconnection order dated 16.3.2017. The said two bills were issued at that relevant time in September and November 2014 which was well within the knowledge of complainant. Hence, they prayed for the dismissal of complaint.
4. To prove his case, the complainant tendered into evidence copy of receipt dated 2.8.2016 Ex.C-1, copy of bill dated 18.2.2017 Ex.C-2, copy of receipt dated 3.3.2017 Ex.C-3, copy of application dated 17.3.2017 Ex.C-4, bill dated 12.11.2014 Ex.C-5, bill dated 15.9.2014 Ex.C-6, Jamabandi for the year 2014-15 Ex.C-7, his affidavit Ex.C-8, affidavit of Singara Singh Ex.C-9 and closed the evidence.
5 To rebut the case of the complainant, the opposite parties tendered into evidence affidavit of Dharampal SDO Ex.O.P1.2.3.4/1, copies of disconnection order Ex.O.P1.2.3.4/2 and Ex.O.P1.2.3.4/3, copy of demand notice Ex.O.P1.2.3.4/4, copy of application and agreeivient (A & A) form Ex.O.P1.2.3.4/5 and evidence of the opposite parties is closed by the order of this Forum dated 1.8.2017.
6. We have heard the learned counsel for the parties and have gone through the records.
7. Ld. Counsel for the complainant has argued that the complainant has applied for the connection and the same has been released vide account No. 3003345850 and deposited the security amount of Rs. 1,400/-. The opposite parties have issued an electricity supply consumption Bill No. 1284217B181321435 dated 18.2.2017 amounting to Rs. 70/- and the same has been deposited on 3.3.2017. On 14.3.2017 Ranjit Singh JE has removed the above said electricity meter installed outside the residence of complainant illegally and arbitrarily and the complainant brought the said fact to the knowledge of opposite parties No. 2 & 3 and after making the said complaint, the opposite party No. 4 sent two bills dated 17.11.2014 amounting to Rs. 37,700/- and bill dated 15.9.2014 amounting to Rs. 32,650/- to the complainant and the opposite parties No. 2 to 4 are putting pressure on the complainant to deposit the above said amount and after that they will restore the electricity supply. Counsel for the complainant has also argued that the complainant is not liable to pay the payment in the name of any other person i.e. Dara Singh and the disconnection is illegal.
8. On the other hand learned counsel for the opposite parties stated that the complainant has concealed the relevant facts in the complaint that the complainant has purchased the house from Dara Singh and after purchasing the same he was using the electricity under the Account No. L21AM450386P and has failed to pay the electricity consumption bills issued on 17.11.2014 and 15.9.2014 and due to this the electricity connection was disconnected vide disconnection order dated 24.6.2015. In August 2016, the complainant applied for new connection in his name by concealing the above said facts. The connection was got issued and the meter was got installed due to the change of name of consumer. Both the electricity connections had been running in the same house, as such the amount of Rs. 1,05,031/- outstanding on dated 22.3.2017 in the name of Dara Singh has been transferred in the account of complainant as per rules and regulations. So, the meter was removed and the connection was disconnected due to non payment of the consumption.
9. Firstly, we have to decide in this case whether the complainant is liable to pay the demand in the name of Dara Singh or the demand is illegal. The complainant has stated that he has built a new house and he got connection. But the opposite parties stated that the house was previously occupied by Dara Singh son of Niranjan Singh and the meter was installed in the name of Dara Singh in that house. The complainant has tried to prove that he is not residing in the same house by producing the Jamabandi Ex.C-7 in which Malkiat Singh son of Amar Singh son of Hardit Singh has been shown as owner with 7/32 share. From the perusal of Jamabandi reveals that this portion has been shown as Chahi that means the same has been not constructed and the same is used for cultivation and moreover the same is mortgaged with the Bank as mentioned in column No. 8 with State Bank of Patiala Agriculture Development Branch, Mehal Kalan, which shows that the Agriculture Development Branch only issued the loan which land is under cultivation.
10. Secondly, the complainant has produced bills Ex.C-5 and Ex.C-6, which are computer generated bills and shows that these bills have been given to the complainant in the year 2014, but he has not produced any receipt for depositing the same. The version of the complainant is that these bills have been given to him by the opposite parties cannot be admitted but 2-3 years old computer bills cannot be generated in the year 2017.
11. Further, the counsel for the opposite parties has argued that the outstanding amount of Rs. 1,05,031 on dated 22.3.2017 against Dara Singh has been transferred in the account of the complainant. As such, after giving a reasonable opportunity to the complainant, the connection has been disconnected vide disconnection order dated 16.3.2017. The demand of the outstanding amount was transferred in the account of the complainant on 22.3.2017 and no demand notice was sent to the complainant and no such copy of demand notice is placed on the file. Moreover, it is not understandable that the demand was converted 22.3.2017 and the connection was disconnected on 16.3.2017 i.e. 6 days prior from transferred of amount in the account of complainant of two bills dated 15.9.2014 and 17.11.2014 and the same has been transferred after 2 ½ years. But as per section 56.2 of the Electricity Act 2003 it has been mentioned as:-
“Notwithstanding anything contained in any other law for the time being in force no sum due from any consumer, under this section shall be recoverable over the period of two years from the date when such sum became first due and such sum has been shown continuously as recoverable as arrears of consumption for electricity supplied and the licensee shall not cut off the supply of the electricity”
Further, the due date starts from the service of bill i.e. it is presumed that the computerized bill generated and served the same day when they are generated i.e. 15.9.2014 and 17.11.2014. Moreover, the opposite parties have not made demand within two years as per provision in section 56.2 of the Electricity Act 2003.
12. So, in view of the above discussion, we allow the present complaint and we are of the considered opinion that the demand made by the opposite parties of bills dated 15.9.2014 and 17.11.2014 are set aside. The opposite parties are directed to restore the connection of the complainant. We further order the opposite parties to pay Rs. 5,000/- to the complainant as consolidated amount of compensation. This order shall be complied with within 30 days from the date of the receipt of this order. Copy of this order be supplied to the parties free of costs. The file be consigned to the records.
ANNOUNCED IN THE OPEN FORUM:
9th day of February 2018
(Sukhpal Singh Gill)
President.
(Vandna Sidhu)
Member
