Punjab

Faridkot

CC/18/126

Kala Singh - Complainant(s)

Versus

PSPCL - Opp.Party(s)

Lakhwinder Singh Dhillon

08 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT                  

                                                    C. C. No :              126 of 2018

Date of Institution :      31.07.2018

Date of Decision :          8.05.2019

Kala Singh aged about 62 years s/o Gurdial Singh  r/oVillage Wara Bhai Ka, Tehsil Jaitu, District Faridkot.

                                                             ...Complainant

Versus

1. S D O. Punjab State Power Corporation Ltd., Baja Khana District Faridkot.
2. Raj Singh, J. E., Punjab State Power Corporation Ltd., Baja Khana, District Faridkot.                                 

   .........Ops

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum: Sh  Ajit Aggarwal, President,

                Smt Param Pal Kaur, Member.

 

Present: Sh Lakhwinder Singh Dhillon, Ld Counsel for complainant,

    Sh Rajneesh Garg, Ld Counsel for OPs.

 

ORDER

 (Ajit Aggarwal, President)

                                           Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Punjab State Power Corporation Ltd etc/Ops seeking directions to Ops to

cc no.- 126 of 2018

withdraw the illegal demand of Rs.13,576/- and for further directing them to pay Rs.50,000/- as compensation for harassment and mental agony suffered by complainant besides litigation expenses.

2                                              Briefly stated, the case of the complainant is that he is having domestic electric connection installed at his premises. It is submitted that he belongs to S C category and as per benefits given by Government, he is entitled for free consumption upto 400 units for two months. Meter of complainant was burnt and new meter was installed in its place, but since installation of new meter, he has been receiving heavy and inflated bills for huge amount though 400 units of power consumption is free to him as per scheme launched by Government for the welfare of reserved categories. It is further submitted that electric appliances installed at his house are very less and only fans and bulbs are installed. Complainant reported the matter to OPs that bills for huge amount are being sent to him and then, OPs assured to correct the bills and adjust the amount.  Complainant deposited Rs.3000/-on 12.02.2018 and thereafter, employees of OP-1 took Rs.1520/-from the house of complainant. Complainant made request to OPs to change his meter and is ready to deposit the meter change fees, but OPs paid no heed to the genuine requests of complainant. Complainant has been visiting the office of OPs regularly and making requests to them to correct his bills, but all in vain. All this amounts to deficiency in service on the part of OPs and this act and conduct of Ops has caused great inconvenience, harassment and mental

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tension to him for which he has prayed for seeking directions to Ops to correct the huge bills and prayed for compensation for harassment and mental agony suffered by him besides litigation expenses. Hence, this complaint.

3                                                           Counsel for complainant was heard with regard to admission of the complaint and vide order dt 1.08.2018, complaint was admitted and notice was ordered to be issued to the opposite parties.

4                                               On receipt of the notice, the opposite parties filed written statement wherein they have denied all the allegations of complainant being wrong and incorrect and asserted that as per rules and regulations of PSPCL, he is not entitled for concession as alleged by him. It is admitted that complainant belongs to S.C. category but as per memo no.6161 dated 17.10.2017 issued by PSPCL, concessions given to him have been withdrawn. It is submitted that only those consumers are entitled to subsidy who have only one kilowatt load and their consumption for the year is not more than 3000 units, but consumption of complainant for the last year for the period from November, 2016  to November, 2017 is more than 3000 units and thus, as per rules, he is not entitled for this benefit. It is further averred that bills are being sent to complainant regularly, but he has failed to make payment of same. Bills for the period from July, 2017 to July, 2018 are still due and outstanding towards complainant and he is liable to pay the

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same. Meter of complainant is running correctly, recording correct consumption reading and its status is also shown as ok. There is no irregularity in bills issued by them. Complainant has levelled false allegations against them and wants to take undue advantages. Complainant is liable to pay consumption charges and they have every right to recover the same. All the other allegations and the allegation with regard to relief sought too are denied being wrong and incorrect. It is further submitted that there is no deficiency in service on the part of OPs and prayed for dismissal of complaint with costs.

5                                                        Parties were given proper opportunities to produce evidence to prove their respective case. Counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to Ex C-4, affidavit of Harbans Singh ExC-W-2/A and closed the same.

6                                                        In order to rebut the evidence of the complainant, ld Counsel for OPs tendered in evidence affidavit of Sukhdev Singh Ex OP-1 and documents Ex OP-2 to OP-10 and then, closed the evidence.

7                                              We have heard the ld counsel for complainant and Opposite Parties and have carefully gone through the evidence produced on file.

 

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8                                               From the careful perusal of documents and evidence placed on record and after going through the arguments advanced by complainant counsel, it is observed that case of the complainant is that he belongs to reserved category and is entitled for free consumption upto 400 units for two months. Meter of complainant was burnt and new meter was installed in its place, but since installation of new meter, OPs are issuing him  heavy bills for huge amount though 400 units of power consumption is free to him as per scheme launched by Government for the welfare of reserved categories. As per complainant very less electric appliances are installed at his house and his power consumption is very less. He reported the matter regarding receipt of bills for huge amount to OPs, they assured to correct the bills and adjust the amount but never did anything needful.  Complainant deposited Rs.3000/-on 12.02.2018 and thereafter, employees of OP-1 took Rs.1520/-from his house. Grievance of complainant is that despite several visits and repeated requests, Ops have not redressed his grievance though 400 units of power consumption is free to him. It amounts to deficiency in service. He has prayed for accepting the present complaint. On the other hand plea taken by OPs is that complainant is not entitled for concession as sought by him. As per memo no.6161 dated 17.10.2017 issued by them, concessions given to complainant have been withdrawn from him. This concession of free consumption for 400 units,  is permissible only to those consumers who have only one kilowatt load and their consumption for the year is not more than 3000

cc no.- 126 of 2018

units, but consumption of complainant for the last year for the period from November, 2016  to November, 2017 is more than 3000 units and therefore, as per rules, he is not entitled for this benefit. It is further averred that bills are being sent to complainant regularly, but payment for the period from July, 2017 to July, 2018 is still due and outstanding towards him and he is liable to pay the same. His meter is running properly. It is recording correct consumption reading and its status is also shown as ok. Bills are being issued by them as per power consumed by him. All the allegations of complainant are denied being wrong as they have charged bills as per consumption and is is liable to pay consumption charges and they have every right to recover the same. Complainant cannot seek undue advantages by bye-passing the rules of PSPCL

9                                    Ld counsel for OPs has brought our attention towards Memo No.6161 dated 17.10.2017 wherein it is specified that free supply of 200 units per month will be given only to those consumers, whose annual consumption is not more than 3000 units. Further through Memo No.1301 dated 24.05.2018 issued by Punjab State Power Corporation Ltd, it has been clarified that in case of consumers whose 200 free unit per month facility has been once withdrawn due to excess consumption i.e their consumption exceeded a limit of 3000 units/annum, will not be restore. Documents Ex Op-2 to Ex Op-8 are copies of bills for the period from August, 2017 to Aug, 2018 that clear the point that amount raised by Ops through these bills is still

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due towards complainant on account of consumption charges. As per rules, he is not entitled for free supply of 200 units and is liable to make payment on account of consumption charges to OPs. OPs have produced sufficient and cogent evidence to contradict the contentions of complainant and all documents are beyond any doubt. It is made out that there is no deficiency in service on the part of OPs. Complainant is liable to make payment of power consumed by his meter.

10                                         From the above discussion and in the light of Memo No. 6161 dated 17.10.2017 and further memo no.1301 dated 24.05.2018, complainant is not entitled for free supply of 200 units per months as his annual consumption reading exceeds more than 3000 units and therefore, he cannot seek the relief as sought by him. This Forum is of considered opinion that there is no deficiency in service on the part of OPs. Complainant has failed to prove his case, therefore, complaint in hand is hereby dismissed being devoid of any merits. However, in peculiar circumstances of the case, there are no orders as to costs. Copy of order be supplied to parties free of cost. File be consigned to record room.

Announced in Open Forum

Dated : 8.05.2019                                                                                

(Param Pal Kaur)                (Ajit Aggarwal)

                                           Member                           President