DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB. 

 

Complaint Case No : CC/144/2022

Date of Institution : 06.05.2022

Date of Decision : 23.02.2024

Harinder Pal son of Late Sh. Butti Ram resident of House No. 2422, Ward No. 11, Talwandi Patti, Village Handiaya, Tehsil and District Barnala.

                   …Complainant

Versus

1. Punjab State Power Corporation Limited through its Chairman, The Mall, Patiala-147001.  

2. Punjab State Power Corporation Limited through its XEN, Sub-Division City Barnala, Dhanaula Road, Barnala-148101, Tehsil and District Barnala.

3. Punjab State Power Corporation Limited through its Sub-Divisional Officer, Sub-Division City Barnala, Dhanaula Road, Barnala-148101 Tehsil and District Barnala.

                …Opposite Parties

Complaint under Section 35 of The Consumer Protection Act, 2019.

Present: Sh. Arshdeep Singh Arshi Adv counsel for complainant. Sh. Harpreet Singh Sandhu Adv counsel for opposite parties.

Quorum:-

1. Sh. Jot Naranjan Singh Gill : President

2. Smt Urmila Kumari : Member

(ORDER BY URMILA KUMARI MEMBER):

    The complainant namely Harinder Pal has filed the present complaint under Section 35 of the the Consumer Protection Act 2019 against Punjab State Power Corporation Limited & others. (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the complainant is a tenant of Shop No. 9, BDPO Complex, Nanaksar Thath Gurudwara Road, Opposite Paradise Restaurant, Barnala, Tehsil and District Barnala. The complainant hold an office of Dainik Jagran Newspaper from 2007 to 2016 in the said shop and is having an electricity connection installed in the said shop vide its Account No. 3002220130 in the name of complainant in suburban sub division L61NR23.  The complainant had been paying the electricity bill of the said meter since the day of installment till September 2016 on time. In September 2016 District Office of Dainik Jagran Newspaper shifted to another place and shop left vacated. The complainant decided to disconnect the electricity connection for couple of months and paid the bill amount of Rs. 21,781/- on 7.10.2016 and submitted an application to electricity department to disconnect electricity connection. 

3. It is further alleged that the complainant again decided to open an office in the said shop and an application was moved to the opposite parties for getting a new electricity connection in that shop. After acceptance of application the complainant deposit requisite fee of Rs. 3,630/- on 1.12.2022 for new electricity connection and opposite party allotted a new Account No. 3007756369 to the complainant. Then the complainant approached the opposite party to inquire about the new connection but he surprised when the opposite party employee started demanding a sum of Rs. 32,090/- on the pretext of outstanding towards old electricity connection Account No. 3002220130 against the complainant. The complainant put query to the opposite party regarding an application dated 7.10.2016 for disconnecting the electricity connection but opposite parties denied from any record of the said application. The complainant inquired about the pending dues via electricity bills downloaded from the official website of PSPCL where it came to the knowledge of the complainant that opposite party made many mistakes during the time of generating the bills and thes bills are showing a huge difference between the consumption of units and meter reading of the electricity meter. In the bill dated 11.9.2016 consumption of units showed 1416 and meter reading new 12034 and old 10618. Further, in the bill dated 16.9.2016 consumption of units 501 and meter reading is new 11119 and old 10618. In the bill dated 16.1.2017 consumption of units 1286 and meter reading is new 14105 and old 12819. In the bill dated 5.3.2017 consumption of units 15 and meter reading new 12834 and old 12819. In the bill dated 29.4.2017 showed consumption of units 19 and meter reading is new 12838 and old 12819. In the bill dated 7.9.2017 showed consumption of units 1564 and meter reading new 0 and old 12838. In the bill dated 7.7.2019 showed consumption of units 63 and meter reading is new 12901 and old 12838. In the bill dated 3.9.2019 showed consumption of units 345 and meter reading new 12837 and old 13968. In the bill dated 11.3.2020 showed consumption of units 322 and meter reading is new 0 and old 13968 nd in the bill dated 3.9.2020 showed consumption of units 0 and meter reading is new 1 and old 1. The opposite parties neither served any demand notice nor informed the complainant about said outstanding. The opposite parties are still raising an illegal demand of Rs. 32,090/- from the complainant on the pretext of making clearance of outstanding of amount of old electricity meter connection for the purpose of getting a new electricity connection installed. The complainant visiited the opposite parties many times and requested to correct the record of old electricity connection but to no effect. The act of the opposite parties caused great mental tension and harassment to the complainant which amounts to deficiency in service and unfair trade practice. Hence, the present complaint is filed for seeking the following reliefs.- 

1) The opposite parties be directed to install new electricity meter vide account No. 3007756369 as soon as possible. 

2) To withdraw illegal demand and cancel the demand of oustanding of Rs. 32090/- against the complainant. 

3) To pay compensation of Rs. 1,00,000/- on account of  compensation for mental agony and financial loss with interest at the rate of 12% per annum from the date of 8.2.2022 till actual realization.

4) To pay Rs. 11,000/- as litigation expenses.

5) Any other relief, which this Commission may deems fit. 

4. Upon notice of this complaint the opposite parties appeared and filed written version by taking preliminary objections interalia on the grounds that the present complaint is baseless and abuse of process of law. The complainant has no locus standi to file the present complaint. The opposite party not done any deficiency in service nor committed any unfair trade practice. The complainant has not come to this Commission with clean hands and concealed the true and material facts from this Commission.   

5. On merits, it is admitted that the complainant had an electricity connection installed vide Account No. 3002220130 in the name of complainant in suburban sub division L61NR23. It is denied that the complainant submitted an application to the department to disconnect electricity connection. In case any application was moved by the complainant then the same should be within the record of the opposite parties. It is further submitted that the old meter of the complainant was uninstalled on 19.5.2020 and the same was replaced with a new meter vide MCO. It is further submitted that an amount of Rs. 17.034/- was adjusted in the account of the complainant held with the opposite parties and after adjusting the said amount an amount of Rs. 21,767/- which includes Rs. 6120/- of bill generated or dated 22.11.2016 pluc regular charges plus interest remained outstanding against the complainant for which the complainant did not pay the said outstanding amount and the same is still continuing and as suuch the opposite parties did not issue new connection to the complainant and this fact is well within the knowledge of the complainant that he has made a default of the payment of bill for which many times requested to him to pay the same but to no effect. It is further submitted that on 19.10.2020 the new meter installed by the opposite parties was also uninstalled due to the outstanding towards the complainant. 

6. It is further submitted by the opposite parties that the opposite parties have adjusted the amounts which were added due to some error and the same is well within the knowledge of the complainant and the entries with regard to the same are present in the account of the complainant. It is denied that opposite parties raising demand of Rs. 32,090/- from the complainant but after adjustment of the amount of Rs. 17,034/- the complainant was asked to pay the outstanding amount of Rs. 21,767/-. Rest of the allegations of the complainant are denied by the opposite parties and lastly prayed for the dismissal of present complaint with costs. 

7. In support of his complaint, the complainant tendered into evidence copy of application dated 7.10.2016 Ex.C-1, copies of bills  Ex.C-2 to Ex.C-24, copy of receipt dated 1.2.2022 Ex.C-25, affidavit of complainant Ex.C-26 and closed the evidence. Rejoinder also filed by the complainant. 

8. To rebut the case of the complainant, the opposite parties tendered into evidence affidavit of Pardeep Sharma Ex.O.Ps-1, copy of payment detail list Ex.O.Ps-2, copy of statement of unit readings  Ex.O.Ps-3, copy of device replacement Ex.OPs-4, copy of statement of payment Ex.OPs-5, copies of bills Ex.OPs-6 and Ex.OPs-7, copy of disconnection order Ex.OPs-8 and closed the evidence.    

9. We have heard the learned counsel for the parties and gone through the record on the file. Written arguments also filed by the complainant. 

10. The learned counsel for the complainant alleged that the complainant had an electric connection bearing Account No. 3002220130 in his name. The said connection was in Shop No. 9, BDPO Complex, Nanaksar Thath Gurudwara Road, Barnala. The complainant was a tenant in that shop and had an office of Dainik Jagran Newspaper from 2007 to 2016 in the above said shop. The complainant was paying the electricity bills of the said meter since the day of installation till September 2016. In September 2016 he vacated the above shop. The complainant paid the bill amount of Rs. 21,781/- on 7.10.2016 and submitted an application to the opposite parties to disconnect the electric connection Ex.C-1.

11. The complainant again decided to open an office in the above said Shop No. 9 and in this regard an application was moved to the opposite parties for getting a new electricity connection in that shop. The complainant deposited requisite fee of Rs. 3,630/- on 1.2.2022 for new electricity connection and the opposite party allotted a new Account No. 3007756369 to the complainant Ex.C-25.

12. The connection was denied to the complainant by the opposite parties stating that Rs. 32,090/- were pending towards electricity Account No. 3002220130 against the complainant. The complainant demanded old bill record of Account No. 3002220130 but the opposite parties lingered on the matter on one protext or the other. The complainant downloaded the electricity bills from the official website of PSPCL. The complainant took the objection that the opposite parties made many mistakes during the times of generating the electricity bills. These bills are showing a huge difference between the consumption of units and meter reading of electricity meter. 

13. The opposite parties did not sent any legal demand notice nor initiated any recovery proceedings against the complainant prior to the above said incident.

14. The learned counsel for the opposite parties submitted that the complainant had an electricity connection in the said shop vide its Account No. 3002220130 in the name of the complainant. The opposite parties denied that the complainant submitted an application to the opposite parties to disconnect the above electricity connection. It is submitted by the opposite parties as per Ex.OPs-4 that the meter of Account No. 3002220130 was replaced vide MCO dated 20.3.2020 showing the meter defective. Reading recorded on MCO is 12837 of the old meter. After that vide order dated 21.10.2021 the connection was disconnected due to non payment showing final reading as 0. The connection with Account No. 3002220130 remained disconnected after 21.10.2021 as per Ex.OPs-8. The opposite parties have admitted in their written reply that they had adjusted the amount which was added due to some error. They have denied that they are raising a demand of Rs. 32,090/- from the complainant. After adjustment of Rs. 17,034/- the complainant was asked to pay the outstanding amount of Rs. 21,767/-. (Para No. 3 (e) of the written reply).

15. From the above discussion this Commission is of the view that the complainant was a tenant in the Shop No. 9 and having an electric connection with Account No. 3002220130 which was left by him. The last bill paid was of amount of Rs. 21,781/- dated 7.10.2016 Ex.OPs-6 and Ex.OPs-7. The meter was replaced by the opposite parties vide MCO dated 20.3.2020 showing the meter defective but no authenticated report or ME Lab report has been submitted by the opposite parties from which it could be ascertained whether the replaced meter was defected or the meter was replaced due to some other reason. After that the connection was disconnected due to non payment vide disconnection order dated 19.10.2020 with final reading 0 Ex.OPs-8. The complainant again applied for electric connection in the same premises and deposited the requisite fee of Rs. 3,630/-. The complainant was allotted Account No. 3007756369 but the connection was not released to him due to pending defaulting amount. It cannot be ascertained from the bills that what amount is pending towards the complainant till today. The opposite parties have not sent any legal demand notice nor initiated any recovery proceedings against the complainant. The opposite parties are deficient in service for not providing the electric connection to the complainant against the application which was duly accepted by them and account number was also issued. 

16. In view of the above discussion, the complaint is partly allowed. The opposite parties are directed to issue electric connection to the complainant without any delay against Account No. 3007756369 treating it as a new connection. The opposite parties can recover the defaulting amount, if any, against the Account No. 3002220130 as per rules and regulations of PSPCL. The opposite parties are further directed to pay Rs. 5,000/- to the complainant as compensation for mental tension and harassment and Rs. 5,000/- as litigation expenses. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

       23rd Day of February 2024

 

 

 

        (Jot Naranjan Singh Gill)

            President

 

(Urmila Kumari)

Member