DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 337 of 6.9.2017

                                      Decided on:         10.2.2023

Mamta Mittal w/o Sh.Sanjeev Mittal, R/o H.No.49, Friends Enclave, Opp. Urban Estate, Phase-II, Bye Pass Road, Patiala.

                                                                   …………...Complainant

                                      Versus

1. The Punjab State Power Corporation Ltd., Head Office, The Mall, Patiala through its Chairman and Secretary.
2. The Punjab State Power Corporation Ltd., Patiala through its Executive Engineer, Sub-Urban Division, Patiala.
3. Assistant Executive Engineer, Operations, Sub Division, Bahadurgarh, The Punjab State Power Corporation Ltd.,Bahadurgarh, Tehsil & District 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.Gaurav Singla, counsel for complainant.

                             Sh.P.S.Walia, counsel for the OPs.

 ORDER                                          

1. The instant complaint is filed by Mamta Mittal (hereinafter referred to as the complainant) against The Punjab State Power Corporation Ltd., (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:

That the complainant is the holder of domestic electricity connection bearing a/c No.P41GT410724K, installed in the outside of her property on electric pole .In the month of January, 2017, OPs issued bill for an amount of Rs.16,730/-upon which the complainant gave a complaint to OPs on 3.2.2017 and deposited the fee for challenging the electric meter. The officials of the OPs inspected the aforesaid electric connection in the second week of February,2017 who informed that the display of the said meter is not legible as such the PSPCL department will reissue the bill for the month of January,2017 on average consumption basis. In the month of March,2017,OPs again issued the bill for an amount of Rs.19,380/-(previous amount of Rs.16,164/-+ current amount of Rs.3216/-.Complainant again approached the OPs who instructed the complainant to deposit Rs.5000/- and thereafter her account will be settled after checking of the meter in MI lab and as such the complainant deposited an amount of Rs.5000/-.

On 7.4.2017, officials of the OPs removed the electric meter for checking the same in MI Lab and installed a new electric meter. Till date the complainant has not received any letter from OPs regarding inspection of the aforesaid electric meter in the MI Lab and are continuously sending huge bills of electricity. Complainant approached the OPs for a number of times but the OPs made lame excuses on one pretext or the other. There is thus not only deficiency in service but also unfair trade practice on the part of the OPs, which caused mental agony and harassment to the complainant. Consequently, prayer has been made for acceptance of the complaint.    

3.           Upon notice, OPs appeared through counsel and filed written statement having contested the case of the complainant. It is averred that the bill dated 2.2.2017 was issued as per the consumption recorded by the meter which was of 2204 units. The bill was issued on the basis of average basis i.e. 284 units since the complainant has challenged the meter on 3.2.2017.The complainant deposited Rs.5000/- being part payment since the meter challenged was not sent to M.E.Lab by that time. The meter was replaced vide MCO No.1012/116 dated 29.3.2017 which was effected on 7.4.2017.The removed meter was checked in the M.E.Lab and the accuracy of the same was found O.K. The complainant has neither challenged the subsequent bills nor the same have been filed or even mentioned in the complaint. There is neither any illegality nor unfair trade practice committed by the OPs. After denying all other averments of the complainant, the OPs have prayed for the dismissal of the complaint.
4. In order to prove her case, ld. counsel for the complainant has adduced affidavit, Ex.CA of the complainant alongwith documents Exs.C1 to C22 and closed the evidence.
5. On the other hand, the ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Er.Jiwan Kumar Jindal, AEE, Bahadurgarh alongwith documents, Ex. OP1 copy of ME Lab report, Ex.OP2 copy of meter change order and closed the evidence.
6. We have heard the ld. counsel for the parties and have also gone through the record of the case carefully.
7. Admittedly, the complainant is holder of an electricity connection bearing account No.P41GT410724K with the sanctioned load of 10.96 KVA, as is evident from bill,Ex.C1.Said bill dated 2 February,2017 for the period 3.1.2017 to 2.2.2017 was issued to the complainant amounting to Rs.16730/- for the consumption of 2204 units with O.K. status of the meter. The complainant was not satisfied with the said bill and has challenged the working of the meter on 3.2.2017 on depositing meter challenge fee of Rs.450/- vide,Ex.C2. The meter of the complainant was replaced vide Meter Change Order No.116/1012 dated 29.3.2017,Ex.OP2. In the said MCO, the meter so replaced on 7.4.2017 has been shown to be defective. The meter was sent to the meter testing laboratory vide challan No.3 dated 5.6.2017, Ex.OP1,where the accuracy of the meter was found to be OK and meter reading was found to be 249074.The perusal of the bill in question indicates that reading of the meter for which the consumer has been billed and reading as recorded by the Meter Testing Laboratory does not match with each other. Therefore, we are of the opinion that the reading recorded in the disputed bill in question is not correct. As such meter is treated as defective.  Punjab State Electricity Regulatory Commission has framed various regulations exercising the powers conferred under Section 181 and read with various other Sections of Indian Electricity Act,2003. As per regulation 21.5.2 of the Supply Code No.14, issued by Punjab State Electricity Regulatory Commission, disputed bill may be overhauled on the basis of energy consumption of the corresponding period of the previous year when the meter of the complainant was in healthy working condition.
8. It was also brought to the notice of this Commission that a separate guidelines have been issued by the OPs vide Commercial Circular No.21/2022 dated 3.82022 for remission of the energy bills of the domestic consumers which were due from them on 31.12.2021 and were not paid by them upto 30.6.2022.As such in case the complainant falls in the same category, the bill of the complainant be remitted otherwise disputed bill in question be overhauled on the basis of energy consumption of the correspondence period of the previous year. The complaint is accordingly partly allowed. Compliance of the order be made by the OPs within 30 days from the date of the receipt of certified copy of this order. Parties are left to bear their own costs.
9. The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
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                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President