Jeet Singh filed a consumer case on 22 Dec 2010 against PSPCL in the Bhatinda Consumer Court. The case no is CC/10/341 and the judgment uploaded on 30 Nov -0001.
1. Jeet Singhson of Sarban Singh son of Ishar Singh, R/o village Bhagta Bhai, Tehsil PhulBathindaPunjab
...........Appellant(s)
Versus.
1. PSPCLThe Mall, through its MD/ChairmanPatialaPunjab2. AEE/SDO, PSPCLSub Division, Bhagta Bhai Ka, Tehsil PhulBhatindaPunjab
...........Respondent(s)
BEFORE:
PRESENT :
Sh.Lachman Kumar,Adv., Advocate for Complainant
Sh.R.D.Goyal,O.P.s. , Advocate for Opp.Party
Dated : 22 Dec 2010
JUDGEMENT
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
BATHINDA (PUNJAB)
CC No. 341 of 29-07-2010
Decided on : 22 -12-2010
Jeet Singh S/o Sarban Singh, R/o Village Bhagta Bhai, Tehsil Phul, District Bathinda.
.... Complainant
Versus
Punjab State Power Corporation Limited, The Mall, Patiala, through its MD/Chirman.
A.E.E./S.D.O. Punjab State Power Corporation Ltd. Sub Division, Bhagta Bhai Ka, Tehsil Phul, District Bathinda.
..... Opposite parties
Complaint under Section 12 of the Consumer Protection
Act, 1986.
QUORUM
Ms. Vikramjit Kaur Soni, President
Dr. Phulinder Preet, Member
For the Complainant : Sh. Lachman Kumar, counsel for the complainant.
For the Opposite parties : Sh. R. D. Goyal counsel for the opposite parties
O R D E R
VIKRAMJIT KAUR SONI, PRESIDENT
This complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as 'Act'). The father of the complainant S. Sarban Singh, was holding tubewell connection of 5 BHP vide connection No. BH-663. He died since long and thereafter the complainant was availing the facility of that connection. The original sanctioned load of the aforesaid connection was 5 BHP and the same was got enhanced to 7.5 BHP by depositing an amount of Rs. 6850/- vide receipt No. 330 dated 22-01-2001. Then load was got enhanced to 10 BHP by depositing an amount of Rs. 3,000/- vide receipt No. 545 dated 31-03-2008. Thereafter load was got enhanced to 15 BHP by depositing an amount of Rs. 6,000/- vide receipt No. 111 dated 11-12-2009. The aforesaid connection has been converted into computerized account No. B92AP02/0663. The opposite parties have issued bill dated 2.7.2010 for Rs. 17,340/- which includes an amount of Rs. 1500/- as consumption charges and Rs. 15,840/- as sundry charges. On receipt of said bill, the complainant approached opposite party No. 2 on 23-07-2010 and inquired about the impugned demand of sundry charges and opposite party No. 2 called the complainant on 26.7.2010. On 26-07-2010, when the complainant approached opposite party No. 2, he threatened him to deposit the amount in question otherwise his electric connection would be disconnected. The complainant alleged that he has paid each and every bill and nothing was due against him. He repeatedly requested the opposite parties to correct the bills but to no effect. Hence, the complainant has filed this complaint.
The opposite parties filed their joint written statement and submitted that amount of Rs. 17,340/- has been wrongly charged in the account of the complainant and it was told to him that the same will be adjusted in the coming bills, but the complainant with a view to harass the opposite parties, has filed this complaint. The advice has been sent to the computer for the correction of the same and to remove the amount of Rs. 15,840/- from sundry charges and the disputed amount has been paid by some other actual consumer.
Parties have led evidence in support of their pleadings.
Arguments heard and written submissions submitted by the parties perused.
The complainant is holding electric connection No. BH-663. The original sanctioned load of the aforesaid connection was 5 BHP and the same was got enhanced to 7.5 BHP by depositing an amount of Rs. 6850/- vide receipt No. 330 dated 22-01-2001. Then load was got enhanced to 10 BHP by depositing amount of Rs. 3,000/- vide receipt No. 545 dated 31-03-2008. Thereafter load was got enhanced to 15 BHP by
depositing an amount of Rs. 6,000/- vide receipt No. 111 dated 11-12-2009. The aforesaid connection has been converted into computerized account No. B92AP02/0663. The complainant had no outstanding arrears, but the opposite parties have issued bill dated 2.7.2010 for Rs. 17,340/- which includes an amount of Rs. 1500/- as consumption charges and Rs. 15,840/- as sundry charges. The opposite parties in para No. 3 of their written statement on merits, had admitted that the amount of Rs. 17,340/- has been wrongly charged in the account of complainant and it was told to him that the same would be adjusted in the coming bills. The advice has been sent to the consumer for the correction of the same and to remove the amount of Rs. 15,840/- from the sundry charges. The disputed amount has been paid by the actual consumer whose money was credited in the account of the complainant.
A perusal of Ex. C-9, which is reproduced below, reveals that the opposite parties have admitted the fact the impugned amount has wrongly been charged from the complainant :-
“It this regard, it is intimated that due to clerical mistake of audit party, the amount under dispute was charged wrongly to the account of complainant whereas actual consumer to whom amount was related has already paid the same. This office is withdrawing the said amount and account of the complainant is being rectified. The disputed amount will be adjusted/refunded in next bill.”
In view of what has been discussed above, this complaint is accepted with Rs. 2,500/- as compensation and cost. The opposite parties are directed to refund Rs. 5300/- with interest @9% P.A., deposited by the complainant vide receipt Ex. C-8, as per direction of this Forum vide order dated 2-08-2010 for not disconnecting his electric connection, from the date of deposit till realisation and to withdraw the amount of Rs. 15,840/- from the account of the complainant, if not yet withdrawn. The compliance of this order be made within 30 days from the date of receipt of copy of this order.
A copy of this order be sent to the parties concerned free of cost and the file be consigned.
Pronounced :
22-12-2010 (Vikramjit Kaur Soni)
President
(Dr. Phulinder Preet)
Member
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