Punjab

Sangrur

CC/1291/2015

Harmail Singh - Complainant(s)

Versus

PSPCL - Opp.Party(s)

Sri A.K.Dullat

01 Jul 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,SANGRUR.

              

                                                Complaint No.  1291

                                                Instituted on:    14.10.2015

                                                Decided on:       01.07.2016

 

Harmail Singh son of Shri Surjit Singh, resident of Village Batriana, Tehsil and District Sangrur.

                                                                ..Complainant

 

                                Versus

 

1.     Punjab State Power Corporation Limited, The Mall, Patiala through its Managing Director.

2.     Assistant Executive Engineer, (SDO) PSPCL, Sub Division, Gharanchon, District Sangrur.

                                                        …Opposite parties

 

For the complainant  :       Shri A.S.Dullat, Advocate.

For Opposite parties          Shri Yashvir Gupta, Advocate.

 

Quorum:   Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Harmail Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he is the consumer of the Ops by using an electric connection bearing account number S44SP840011A in order to run an atta chakki to earn his livelihood by way of self employment. It is further averred that earlier the connection was running in the name of one Partap Singh which was purchased by the father of the complainant Surjit Singh, who has died and after his death the complainant is using the connection and has filed the complaint being the beneficiary.  The complainant is aggrieved on receiving bills dated 28.8.2015 and 27.9.2015, wherein the Ops have raised the demand of Rs.2920/- and Rs.5664/- as power factor charge from the complainant, which is said to be illegal, whereas in the earlier bills no such power factor charge was charged. It is stated that the complainant deposited the above said bills with the OPs, but requested the Ops to withdraw the said demand and refund the amount, but all in vain.  Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the Ops be directed to withdraw the said demand of Rs.2920/- and Rs.5664/- as power factor surcharge raised against bills dated 28.8.2015 and 27.9.2015 and further be directed to refund the amount in question and further claimed compensation and litigation expenses.

 

2.             In reply, legal objections are taken up on the grounds that the complainant has no locus standi to file the present complaint, that as per the record of the Ops Gurcharan Singh is the consumer of the Ops, that the complaint is using the connection for commercial purpose and the complainant has deposited the amount voluntarily and as such the complainant has no cause of action to file the present complaint.  On merits, it is stated that the said connection is being used for running the atta chakki for commercial purpose and it is denied that the complainant is using the same for earning his livelihood. It is stated that the complainant has employed three persons. It is stated further that the connected load of the connection is 18.83 KW. It is further admitted that the Ops sent the bills dated 28.8.2015 and 27.9.2015 and the demand was raised as per the circulars of the PSPCL. It is stated that the amount has been charged in view of the instructions of the PSPCL. Any deficiency in service on the part of the Ops has been denied.

 

3.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 to Ex.C-6 copies of bills, Ex.C-7 copy of pass book, Ex.C-8 copy of receipt, Ex.C-9 copy of application, Ex.C-10 to Ex.C-11 copies of affidavits, Ex.C-12 copy of death certificate and closed evidence. On the other hand, the learned counsel for the Ops has produced Ex.OP-1 copy of circular dated 27.8.2014 and Ex.OP-2 copy of description amount and Ex.OP-3 affidavit and closed evidence.

 

4.             We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

       

5.             A bare perusal of the complaint as well as the written reply filed by the Ops clearly reveals that the complainant has disputed the power factor surcharge of Rs.2920/- and Rs.5664/- charged by the Ops in the bills dated 28.8.2015 and 27.9.2015, respectively and the complainant has termed the demands as illegal one.  But, on the other side, the learned counsel for the Ops has contended vehemently that the same has been charged in view of clause SIII.7 Power Factor Surcharge/Incentive of the circular dated 27.08.2014, Ex.OP1 produced by the Ops on record. Further Ex.OP/2 is the copy of calculation showing the charging of power factor surcharge and Ex.OP/3 is the affidavit of Er.  Rewal Singh to support the contention of the Ops.   In this case, it is worth mentioning here that the complainant has challenged the circular of the Ops before this Forum, whereby the Ops have charged the power factor surcharge, but the complainant has wrongly challenged the same before this Forum and the same could only be challenged by way of writ petition in the High Court of Punjab and Haryana, as such, we feel that this Forum has no jurisdiction to hear and try the present complaint, as the complainant has challenged the power factor surcharge in view of circular Ex.OP-1 on record.

 

6.             As such, without going further into the merits of the case, we dismiss the complaint of the complainant.  However, the complainant is at liberty to seek remedy before the competent court of law, if he so desired.  A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                July 1, 2016.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

  (K.C.Sharma)

      Member

 

 

                                                              (Sarita Garg)

                                                                   Member