DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                  Consumer Complaint No.369 of 2016

                                                Date of institution:  14.06.2016                                         Date of decision   :  03.04.2017

Anil Kumar, House No.24, Defence Colony, Baltana, Zirakpur 140604.

                                  ……..Complainant

                                        Versus

1.     PSPCL, Old MC Office, Zirakpur through SDO Commercial.

2.     PSPCL, Old MC Office, Zirakpur through Executive Engineer.

                                                      ………. Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum

Shri Ajit Pal Singh Rajput, President                 

Mrs. Natasha Chopra, Member

Present:    Complainant in person.

                Shri Pankaj Sharma, counsel for the OPs.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant Anil Kumar has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant had purchased House No.24 Defence Colony, Baltana, Zirakpur from Smt. Sehenaz in October 2014. The electricity meter No.Z74ZK101610N was installed at this house on the name of Smt. Sehenaz. At the time of purchase of the house, Smt. Sehenaz informed the complainant that there was some outstanding bill of electricity consumption. The complainant received a bill of Rs.11,000/- in January/February, 2015 which he paid. Thereafter on request of the complainant in June, 2015 the connection was changed in the name of the complainant and his account number was also changed to Z74ZK102150K. After that the complainant used to pay all dues on time. In March 2016, the electric meter of the complainant was removed and he was told that one Sunil Swarup was residing on this address in 2011 and he had not paid the dues. The account number of Sunil Swarup was ZK1010036N.  The said property was never in the name of Sunil Swarup. As per the record of land department, this property was in the name of Smt. Sheela and Shri Sukhdev till December, 2013.  In 2012-13 the property was transferred in the name of Smt. Sehenaz and further transferred in the name of the complainant in October, 2014. The complainant met SDO, PSPCL, Zirakpur who asked the complainant to get the application file of the disputed connection traced out from the record of the OPs. But after putting in lot of efforts, the file could not be traced out from the record. Finally the SDO of the PSPCL confirmed that the case of the complainant can be settled for a sum of Rs.15,650/- and accordingly the complainant paid this amount vide demand draft No.487880 dated 12.04.2016. The complainant has alleged that if any amount was outstanding then it would have been confirmed to Smt. Sehenaz before allotting her a new connection. The OPs have also not informed the complainant at the time of transfer of connection in his name from the name of Smt. Sehenaz.  Before removal of meter, the complainant was also not informed in advance. Hence this complaint for giving directions to the OPs to refund of Rs.15,650/- with 18% of annual interest; Rs.25,000/- for mental and physical harassment etc. and Rs.10,000/- for legal proceedings.

3.             The complaint has been contested by the OPs by filing reply in which they have pleaded that earlier the connection was in the name of Shri Sunil Sarop who had not paid the electricity consumption charges. The connection on the name of Sunil Sarop was disconnected on 10.08.2013 due to nonpayment of arrears which was to the tune of Rs.29,439/- as on  10.08.2013. Due to nonpayment of arrears of previous bills at the same address, the officials of the OPs removed the meter of the complainant in March, 2016.  However, the OPs have settled the amount of previous arrears to the tune of Rs.15,650/- instead of Rs.29,439/- which was the recoverable amount of arrears of previous bills. The complainant had already paid the agreed amount because the owner who is residing at the same address is liable to pay the same.  Thus, denying any deficiency in service on their part, the OPs have sought dismissal of the complaint.

4.             In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1;  copies of letter dated 11.03.2016 Ex.C-1; settlement Ex.C-2; photocopy of photograph of record Ex.C-3; bills Ex.C-4; receipt Ex.C-5; jamabandi Ex.C-6 and letter Ex.C-7.  In rebuttal,  the OPs tendered in evidence affidavit of Er. Amanpreet Singh Mavi, their SDO Ex.OP-1/1; copy of PDCO ledger dated 23.11.2015 Ex.OP-1 and payment receipt dated 12.04.2016 Ex.OP-2.

5.             The complainant has argued that if any amount was outstanding against the electricity connection installed at the house where the complainant is residing, the same would have been intimated to the earlier owner of house i.e. Smt. Sehenaz or to the complainant at the time. The connection was transferred in the name of complainant in June, 2015 and at that time also the OPs have never informed him any outstanding towards the earlier electricity connection of the premises which the complainant had purchased. Suddenly in March, 2016 without informing him, the officials of the OPs removed the electric meter of the complainant. The officials of the OPs told him that one Mr. Sunil Swarup who was residing at this address and was in arrears of electricity consumption and due to nonpayment of that amount, the connection of the complainant has been disconnected. In order to get the connection restored, the complainant paid Rs.15,650/- to the OPs vide bank draft dated 12.04.2016.

6.             On the other hand learned counsel for the OPs has argued that earlier the connection was in the name of Sunil Sarup who was resident of the same address and due to nonpayment of arrears to the tune of Rs.29,439/- his connection was disconnected.  Due to nonpayment of arrears of previous bills at the same address, the officials of the OPs removed the meter of the complainant in March, 2016. The complainant had already paid the agreed amount to the OPs as the present owner is liable who is residing at the same address.

7.             We have gone through the pleadings, evidence and written as well as oral arguments of the parties. The complainant has produced on record jamabandis Ex.C-6 (colly) for the years 2002-03, 2007-08, 2012-13 which shows that Mr. Sunil Swarup was never the owner of the property in which the house of the complainant exists.  The complainant has purchased the house from Smt. Sehenaz in October, 2014 and the connection was transferred in the name of the complainant in June, 2015. Prior to that the complainant had paid Rs.11,000/- in January/February, 2015 which was arrears of consumption of Smt. Sehenaz who told the complainant about the same at the time of purchase of the house by the complainant.  If, as per the stands of the OPs, any amount was outstanding towards the connection earlier installed in the name of Mr. Sunil Swarup, the same would have been reflected in the bills but perusal of Ex.C-4 i.e. the bills dated 28.07.2015 and 29.09.2015 shows that no such amount has been shown as arrears in these bills. All of a sudden in March, 2016 the officials of the OPs removed the meter of the complainant. On enquiry by the complainant he was informed that some amount was outstanding towards the earlier owner. However, the OPs settled the amount to Rs.15650/- which the complainant paid. At this stage, the OPs are not entitled to demand this amount from the complainant. Thus, illegal demand of this amount at a belated stage and removal of meter of the complainant without informing him is an act of deficiency in service on the part of the OPs.

8.             Accordingly, in view of our aforesaid discussions, we direct the OPs to refund to the complainant a sum of Rs.15,650/- (Rs. Fifteen thousand six hundred fifty only).  The complainant is also entitled to lump sum compensation of Rs.15,000/- (Rs. Fifteen  thousand only) for mental agony and harassment and for litigation expenses. 

                The OPs are further directed to comply with the order of this Forum within 45 days from the date of receipt of this order failing which the aforesaid awarded amounts shall carry interest @ 9% per annum from the date of decision till actual payment.

                The arguments on the complaint were heard and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 03.04.2017    

                                         (A.P.S.Rajput)           

President

(Mrs. Natasha Chopra)

Member