BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FEROZEPUR. QUORUM President : Shri Sanjay Garg Member : S. Tarlok Singh C.C. No.467 of 2010 Date of Institution: 1.9.2010 Date of Decision: 30.11.2010 Kaur Singh, aged 70 years, son of Harnam Singh, resident of Street No.1, New Abadi, Talwandi Bhai, Tehsil and District Ferozepur-142050. ........ Complainant Versus 1. Punjab State Power Corporation Limited, The Mall, Patiala, through its Managing Director. 2. Punjab State Power Corporation Limited, through its S.D.O., P.S.P.C.L. Office, Talwandi Bhai-142050. ........ Opposite parties Complaints under Section 12 of the Consumer Protection Act, 1986. * * * * * PRESENT : For the complainant : Sh. A.K. Gupta, Advocate For the opposite parties : Sh. Ashwani Sharma, Advocate ORDER SANJAY GARG, PRESIDENT:- Complainant Kaur Singh has filed the present complaint against the Punjab State Power Corporation Limited (herein after referred to as the opposite parties) pleading that an electric connection bearing C.C. No.467 of 2010 \\2// account No.AMBB/0040 has been installed in his name and he has been regularly paying the electricity bills. In the bill dated 19.7.2010, the opposite parties have raised a demand of Rs.7336/- in the column of sundry charges. Complainant approached the opposite parties and requested to withdraw the said demand, but to no effect. Hence this complaint for a direction to the opposite parties to withdraw the said demand of Rs.7370/- alongwith any surcharge imposed for non-deposit of the said amount. Further a sum of Rs.20,000/- has been claimed as compensation alongwith litigation expenses. 2. Notice of the complaint was issued to the opposite parties, who appeared and filed written reply to the complaint, wherein it has been pleaded that as per bill dated 14.9.2007 of the complainant, consumption of only two units was shown. Thereafter, in the bill for the month of 11/2007, the consumption was shown only to the tune of four units and thereafter in the bill for the month of 2/2008, no consumption was recorded by the meter. So in the bill for the month of 3/2008, the Meter Reader had reported that the meter was lying dead. Thereafter, the complainant was charged on average basis because the meter of the complainant was reported as stop dead. The audit party of the opposite parties overhauled the account of the complainant for the period the meter remained defective. After deducting the amount already paid by the complainant, a sum of C.C. No.467 of 2010 \\3// Rs.7336/- was found due against the complainant, which has been rightly claimed in the bill in question. Rest of the averments of the complaint have been denied and dismissal of the complaint has been prayed for. 3. Parties led evidence. 4. We have heard the learned counsel for the parties and have also gone through the file. 5. Admittedly, the meter was reported stop dead burnt by the opposite parties vide bill for the month of 3/2008. However, the record itself shows that the meter of the complainant remained stopped for the billing period mentioned in the bill dated 14.9.2007 onwards till it was replaced with a new meter. The complainant has already paid the charges, which were demanded from the complainant by the opposite parties. However, for the period during which the meter remained defective, Regulation No. 21.4 (g) (ii) of the Regulations framed by the Punjab State Electricity Regulatory Commission is relevant, which for the sake of convenience is reproduced as under:- 21.4 (g) Overhauling of consumer accounts (i) - - - - - - (ii) The accounts of a consumer will be overhauled for the period a burnt meter remained at site and C.C. No.467 of 2010 \\4// for the period of direct supply, on the basis of energy consumption of the corresponding period of the previous year after calibrating for the changes in load, if any. In case the average consumption for the corresponding period of the previous year is not available then the consumer will be tentatively billed for the consumption to be assessed in the manner indicated in para-4 of Annexure-8 and subsequently adjusted on the basis of actual consumption in the corresponding period of the succeeding year.” “Annexure-8 (4) LDHF formula for assessment of electricity consumption. Units assessed = L x D x H x F, where L is the load found during the course of inspection in KW.” So in view of the above said Regulation, the present complaint is partly allowed and the opposite parties are directed to overhaul the account of the complainant as per Regulation No.21.4 (g) (ii) and the difference, if any, be adjusted in the future bills of the complainant. The amount paid by the complainant against the demand in question be also adjusted in the future C.C. No.467 of 2010 \\5// bills of the complainant. Orders be complied with within a period of thirty days from the date of receipt of a copy of this order. File be consigned to the record room. Announced 30.11.2010 (Sanjay Garg) President (Tarlok Singh) Member |