Punjab

Patiala

CC/17/77

Lakshita Kapoor - Complainant(s)

Versus

PSPCL - Opp.Party(s)

9814891914

28 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/ 77/2017
Date of Institution	:	8.3.2017
Date of Decision	:	28.4.2023

 

Lakshita Kapoor wife of Sh.Jatin Kapoor son of Ashwani Kapoor, B-43/217, Jourian Bhatian, Patiala.

                                                                   …………...Complainant

                                      Versus

 

1. Punjab State Power Corporation Ltd., Patiala through its Chairman-cum-Managing Director.
2. The Assistant Executive Engineer/DS East Commercial Sub Division, Punjab State Power Corporation Ltd., Patiala

 

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

 

PRESENT:                   Sh.Mayank Malhotra, counsel for complainant.

                             Sh.H.S.Dhaliwal, counsel for OPs.  

 

                                     

 ORDER                                          

1. The instant complaint is filed by Lakshita Kapoor (hereinafter referred to as the complainant) under guardianship of Sh.S.P.Jindal, resident of Model Town, Patiala, against Punjab State Power Corporation Ltd., Patiala (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. The averments of the complainant are as follows:
3. That complainant is using NRS connection bearing account No.3000006558 having sanctioned load of 3KW. Complainant received an energy bill dated 16.12.2016 for an amount of Rs.2,15,200/- for the period 2.5.2012 to 27.11.2016. Complainant approached OP No.2 for the correction of bill. Complainant received corrected bill dated 16.1.2017 for an amount of Rs.52450/- from 16.8.2012 to 161.2017. It is averred that both the impugned bills dated 16.12.2016 and 16.1.2017 are illegal, null and void, malafide and against the principles of natural justice and rules and regulations of the OPs as she has been making the payment of  electricity charges regularly as per bills supplied to her. The OPs have committed deficiency in service and unfair trade practice by issuing these bills. Consequently, prayer has been made for acceptance of complaint.
4. Upon notice, OPs appeared through counsel and filed written statement having raised certain preliminary objections. On merits, it is denied that the complainant is consumer of the OPs. It is submitted that the connection is in the name of Mr.Davinder Mehta. It is further submitted that bill of Rs.2,15,200/- was cancelled lateron. It is submitted that bill dated 16.1.2017 for an amount of Rs.52450/- was sent on average basis.
5. The OPs have averred that the bill for the period from 18.11.2011 to 7.11.2014 was sent on “I” code on average basis. Thereafter, meter of the complainant become defective. Same was replaced on 8.11.2014 and a new meter was installed in the premises. Thereafter, bills from 8.11.2014 to 28.11.2015 were sent on “C” code on average basis. Thereafter, account of the complainant was overhauled in the month of February, 2017 and corrected bill dated 4.2.2017 was sent for the period 26.7.2014 to 13.2.2017 for a sum of Rs.79,210/-. It is alleged that bills dated 16.12.2016 and 16.1.2017 were cancelled and corrected bill dated 14.2.2017 was issued to the complainant but she did not pay the said bill. All other averments of the complainant have been denied by the OPs and prayer has been made for dismissal of complaint.
6. In evidence, complainant adduced her affidavit,Ex.CA alongwith documents,Exs.C1 to C6 and closed evidence.
7. Ld. counsel for OPs has tendered in evidence, Ex.OPA affidavit of Jatinder Singh Khanda, SDO alongwith documents,Ex.OP1 copy of detail of meter reading, Ex.OP2 copy of MCO, Ex.OP3  and OP4 copies of bills and closed evidence.
8. We have heard ld. counsel for the parties and have also gone through the record of the case, carefully.
9. The complainant is using NRS electricity connection through the meter installed against account No.3000006558 having sanctioned load of 3KW, which is in the name of Davinder Mehta. The complainant was issued a bill dated 16.12.2016 for the period 2.5.2012 to 27.11.2016 i.e. 855 days for Rs.2,15,200/- on the basis of  assessed consumption of 34161 units,Ex.C4. Complainant approached the office of OPs and was then issued a revised bill dated 16.1.2017 for the period 16.8.2012 to 16.1.2017 amounting to Rs.52475/-,Ex.C5. The complainant had disputed both these bills and has prayed to setaside the same alongwith award of compensation.
10. The OPs have argued that the complainant is not a consumer as the connection is in the name of Davinder Mehta. It is argued that the impugned bill dated 16.12.2016 was withdrawn and a revised bill dated 16.1.2017 was issued. It has also been argued that the bills for the period 18.11.2011 to 7.11.2014 were issued on average basis as the meter of the complainant was defective. Accordingly the defective meter was replaced on 8.11.2014 vide MCO, Ex.OP2. The bills from 8.11.2014 to 28.11.2015 were again sent on average basis.The bill of the complainant was overhauled in the month of 2/2017 and a  bill dated 14.2.2017 for the period 26.7.2014 to 13.2.2017 for a sum of Rs.79210/- was issued to the complainant.It has further been submitted that the disputed bills dated 16.12.2016 and 16.1.2017 stood cancelled and corrected bill dated 14.2.2017,Ex.OP3 had been issued and have prayed for dismissal of the complaint.
11. The complainant has produced on record copy of sale deed,Ex.C1 executed between Davinder Mehta (in whose name electricity connection in question is in operation) and Muskandeep Jindal D/o Deepak Jindal dated 15.1.2009.As per the said sale deed the ownership of the property lies with Muskandeep Jindal.
12. The complainant has also produced on record, lease deed dated 7.7.2016,Ex.C3 executed between  Muskandeep Jindal and Lakshitaa Kapoor i.e. complainant, as per which the lease of the property has been issued in the name of the complainant. As such, the complainant being the user of the electricity through the connection in the name of Davinder Mehta, falls under the catergory of Consumer as per the definition of the consumer under Consumer Protection Act.
13. A perusal of the bills dated 16.12.2016, 16.1.2017 and 14.2.2017 brought on record by the OPs indicate that the bills have been issued for a period of morethan 1000 days in each case and that too on the basis of assessed consumption on an average basis.
14. A perusal of the above clearly indicates that there is deficiency in service on the part of the OPs as they were required to issue correct monthly/bi-monthly bills to the complainant. Moreover, as per the Regulation 21.5.2 of the Supply Code 2014 issued by Punjab State Electricity Regulatory Commission, who have been empowered  to issue the necessary instructions as per the various provisions under the Indian Electricity Act,2003, it has been held that the bill of a consumer cannot be overhauled for a period more than 180 days i.e. for six months.
15. In view of the above, we are of the opinion that the bills issued to the complainant on 16.12.2016, 16.1.2017 and again on 14.2.2017 for a period of more than 1000 days and that too on average basis are not justified .Accordingly the complaint is partly allowed and bills issued to the complainant on 16.12.2016, 16.1.2017 and 14.2.2017 are setaside.  OPs are free to collect the energy bill on the basis of actual consumption of 6297 units recorded for the period 8.11.2014 with initial reading as 2 to 13.2.2017 with final reading as 6299 after making adjustments for the payments, if any, made by the complainant for the said period.No order as to costs and compensation.           
16.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
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                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President