Punjab

Faridkot

CC/19/134

Mukesh Kumar Gaur - Complainant(s)

Versus

PSPCL - Opp.Party(s)

Kuldeep Singh Mittal

09 Dec 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

                                                    Complaint No :           134 of 2019

Date of Institution :       15.05.2019

Date of Decision :         09.12.2019

Mukesh Kumar Gaur, Advocate, son of Late Mukand Lal, r/o Mohalla Dodan Wala, District Faridkot.

                                                             ...Complainant

Versus

1. Punjab State Power Corporation Ltd., The Mall, Patiala, through its Chairman cum Managing Director.
2. Punjab State Power Corporation Ltd. Faridkot through its Assistant Executive Engineer.
3.  Punjab State Power Corporation Ltd. through its XEN, Faridkot.

                                   .........Ops

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum: Sh Ajit Aggarwal, President,

              Smt Param Pal Kaur, Member.

 

Present: Sh Kuldeep Mittal, Ld Counsel for complainant,

   Sh Mohan Singh Brar, 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 withdraw the demand of Rs.3950/- raised vide notice  no.347 dt 9.02.2019 and for

cc no.-134 of 2019

further directing them to pay Rs.50,000/- as compensation for harassment and mental agony suffered by complainant besides litigation expenses of Rs.11,000/- to complainant.

2                                       Briefly stated, the case of the complainant is that he is having domestic supply electric connection bearing a/c no. 3000424704 in the name of his father and after the death of his father, he has been using the said connection and has been paying all the bills regularly and nothing on account of consumption charges is due towards him. It is submitted that earlier load of his meter was 1.910 KW, but on 12.08.2009, he got enhanced the load of his meter to 4 KW by paying requisite charges for enhancement of load, but OPs have wrongly issued him notice and bill dated 9.02.2019 for Rs.3,950/- and Rs.2,246/-respectively alleging load of his meter is 1.910 KW instead of 4 KW. Complainant wrote letter dated27.02.2019 to Ops wherein requested them to withdraw the aforesaid demand, but all in vain. OPs did not pay any heed to hear the genuine request of complainant, rather forced him to make payment of entire amount failing which his electric connection would be disconnected. All this amounts to deficiency in service and trade mal practice and has caused huge harassment and mental agony to him. He has prayed for directing them to pay Rs.50,000/- as compensation for harassment and mental agony suffered by complainant alongwith litigation expenses of Rs.11,000/- to complainant besides the main relief. Hence, this complaint.

cc no.-134 of 2019

3                                               Counsel for complainant was heard with regard to admission of the complaint and vide order dt 22.05.2019, 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 levelled by complainant being wrong and incorrect and asserted that complainant is not their consumer as connection in question is running in the name of Mukand Lal and no intimation regarding death of Mukand Lal was given to them by complainant. Even complainant has not filed any application for change of name of consumer before them. Complainant was required to furnish death certificate of his father and also no objection certificate from the other legal heirs of Mukand Lal alongwith application for change of name of consumer from Mukand Lal to the name of complainant. However, it is admitted by Ops in their written statement that earlier load of complainant was 1.910 KW and it is also admitted that after payment of requisite fees to them, complainant got enhanced his meter load from 1.910 KW to 4KW.  It is averred that on 7.02.2019, connection of complainant was checked by employees of OPs and during checking it was found that complainant was using excessive load of 0.693 KW against the load sanctioned for his meter. Excess load would be calculated and would be charged as per rules. Checking was done  in the presence of complainant and his representatives and after duly understanding the findings of checking report, complainant himself signed the same. It is

cc no.-134 of 2019

admitted that impugned notice and bill was sent by them to complainant. All amount is correctly charged and complainant is not entitled to any compensation or relief. It is reiterated that there is no deficiency in service on the part of answering OPs. All the other allegations are refuted with a prayer that complaint deserves to be dismissed 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 10 and closed the same.

6                                 In order to rebut the evidence of the complainant, the opposite parties tendered in evidence affidavit of Gaurav Kakkar as Ex OP-1 and documents Ex OP-2 to OP-4 and closed the evidence.

7                                    We have heard the ld counsel for complainant as well as Ops and have carefully gone through the evidence produced on file.

8                                Ld Counsel for complainant argued that earlier load of meter of complainant was 1.910 KW, but on 12.08.2009, he got enhanced the load to 4 KW by paying requisite fee for enhancement of load, but OPs have wrongly issued him notice and bill dated 9.02.2019 for Rs.3,950/- and Rs.2,246/-respectively alleging load of his meter is 1.910 KW instead of 4 KW. Complainant approached Ops and moved an

cc no.-134 of 2019

application dated 27.02.2019 to Ops requesting them load of his meter is not 1.910 KW, rather he has got enhanced the same and also requested them to withdraw the said demand, but OPs did not do anything needful. Grievance of complainant is that despite repeated requests, Ops have not withdrawn the impugned demand, which amounts to deficiency in service and has caused harassment and mental agony to him. He has prayed for accepting the present complaint.

9                                    Ld Counsel for Ops argued before the Forum that all the allegations levelled by complainant are wrong and incorrect but it is admitted by Ops that load of complainant was got enhanced by him by payment of requisite charges from 1.910 KW to 4KW.  On 7.02.2019, connection of complainant was checked and it was found that complainant was using excessive load of 0.693 KW against the sanctioned load of 1.910KW for his meter. Excess load would be calculated and would be charged as per rules. Checking was done  in the presence of complainant and his representatives and after duly understanding the findings of checking report, he himself signed the same. It is also admitted that impugned notice and bill was sent by them to complainant and all amount is correctly charged and he is not entitled for any relief. It is reiterated that there is no deficiency in service on their part and prayer for dismissal of complaint is made.

 

cc no.-134 of 2019

10                          Now, it is admitted case of the parties that being beneficiary, complainant is consumer of OPs having electric connection in question. It is further admitted that Ops issued notice no.347 dated 9.02.2019 for Rs.3,950/- on the basis of checking dt 7.02.2019 alleging that in that checking, they found connected excessive load of 4.693 KW instead of sanctioned load of 1.910 KW of complainant. Bare perusal of notice dt 9.02.2019 Ex C-2 clearly shows the fact that OPs have charged this impugned amount of Rs.3950/-considering the sanctioned load of 1.910 KW, but in the written statement OPs have themselves admitted that complainant got enhanced his load from 1.910 KW to 4 KW by making payment of requisite fees and also copy of receipt no.330 dated 12.08.2009 further clarifies the point that sanctioned load of complainant was 4 KW and not 1.910 KW against which OPs have charged extra amount to complainant for excessive consumption of power. Bill dated 19.04.2019 Ex C-5 again proves the pleadings of complainant that OPs charged Rs.2245/- as adjustment for checking period. Complainant has also placed on record copy of Registered Will made by the father of complainant during his life time that proves the fact that after the death of his father, he has inherited his estate including present electric connection. The Ops wrongly recorded excessive connected load against sanctioned load.

11                                        We have thoroughly gone through the file and pleadings and it is transpired that complainant was  using power

cc no.-134 of 2019

consumption as per load sanctioned to him and he was not using the load in excess of load sanctioned to his meter. Load consumed by meter of complainant is neither unauthorized load nor excessive. There seems to be no fault on the part of complainant and thus, act of issuance of notice in question no.347 dated 9.02.2019 vide which OPs have demand for Rs.3,950/- for excess load, is not appropriate. Therefore, complaint in hand is hereby allowed with direction to OPs to withdraw notice no.347 dated 9.02.2019 for demand of Rs.3,950/-. Compliance of this order be made within one month of receipt of the copy of the order, failing which complainant shall be entitled to proceed under Section 25 and 27 of the Consumer Protection Act. Copy of order be supplied to parties free of cost. File be consigned to record room.

Announced in Open Forum

Dated :09.12.2019

 

                                        (Param Pal Kaur)                     (Ajit Aggarwal)

            Member                                   President