Punjab

Ludhiana

CC/21/283

Narinder Kumar - Complainant(s)

Versus

PSPCL - Opp.Party(s)

M.S Sethi

07 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                             Consumer Complaint No:283 dated 28.05.2021.                               Date of decision: 07.11.2024.

 

1. Narinder Kumar S/o. Gian Chand,
2. Parvinder Kumar S/o. Gian Chand, Both owner of Property Number 8440, New Maya Nagar, Haibowal Kalan, Ludhiana.                                                                                                    ..…Complainants

                                                Versus

1. Punjab State Power Corporation Limited, Sub Division (T)UN, Division Aggar Nagar, West City, Ludhiana through Assistant Executive Engineer.
2. Punjab State Power Corporation Limited, Registered Office: The Mall, Patiala, through its Chairman.                                                                                                                                         …..Opposite parties 

Complaint Under section 35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainants            :         Sh. M.S. Sethi, Advocate.

For OPs                          :         Sh. Manish Midha, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Shorn of unnecessary details, the facts of the case are that the complainant purchased the propertyNo.8440, New Maya Nagar, Haibowal Kalan, Ludhiana from Suman W/o. Jiwa Chand through registered ale deed bearing wasika No.5789 dated 27.08.2015 in which an electricity connection bearing account No.3001900827 under domestic tariff in name of old owner Jiwan Nand was installed. The complainants were using the said electricity connection and was paying the consumption bills till 11/2019 during and thereafter the said premises remained closed till date as they have shifted to another house. The complainants stated that they received the excess bills for wrong and false recorded reading/units  and the OPs refused to amend the bills as per actual units despite his various visits in their office. According to the complainants, the previous consumption reading/units before 11/2019 shows that the OPs recorded wrong and false units in billing after 11/2019 and claimed illegal bills on wrong data. This amounts to deficient/negligent services on the part of the OPs and adoption of unfair trade practice. Thereafter, on 29.04.2021,  the OPs deputed JE for spot checking of the reading on the basis of complaint of the complainants who vide its LCR report dated 29.04.2021 recorded that the actual reading to 15285 as recorded by the meter No.1693669. Even working f the meter was also checked by the JE by putting load on it and reported that the pulse of the meter is running on putting load. After verification, the said JE reported that the premises of the consumers are permanently closed and there is no consumption of electricity. Thereafter, the complainant visited office of OP1 for correction of electricity bills but its officials refused to amend/correct the previous bills on the objection that JE has given wrong report of meter No.1693669 whereas in their record, meter number is 1693699. Even OP1 made remarks on LCR in this regard but no fresh checking was conducted. The complainant submitted photos of the meter to OP1 but till date the OPs failed to correct the illegal bills on the basis of recorded units/reading 125285 in LCR dated 29.04.2021.

                   The complainants further stated that they received next bill dated 14.05.2021 on average basis showing old reading 18285 and new 15285 but the OPs claimed 1682 units and total bill amount claimed is for Rs.82,810/- without surcharge with last date of deposit 31.05.2021. According to the complainants, they have suffered mental tension, harassment and undue loss due to negligent and deficient services on the part of the OPs and their officials. In the end, the complainants prayed for quashing the bills issued from 11/2019 onwards and to direct the OPs to issue the bills as per actual reading/units and further to adjust the amount paid by them during said period, if any. The complainant also prayed for granting compensation of Rs.50,000/- and litigation expenses of Rs.11,000/-.

2.                Upon notice, the OPs appeared and filed written statement and by taking preliminary objections, assailed the complaint on the ground of maintainability of the complaint. The OPs stated that the entire amount relates to the 4regular consumption charges of the electricity consumed by the complainant as they himself admitted that after the purchase of the property on 27.08.2015, they are consuming the electricity regularly and as on 11.06.2021, a sum of Rs.84,577/- are outstanding and payable by the complainants which they did not pay and rather field the present compliant on false and frivolous grounds.

                   On merits, the OPs reiterated the crux of averments made in the preliminary objections. According to the OPs, the complainants are not their consumer as the electric conenctionNo.3001900827 stands in the name of Sh. Jiwan Chand, which the complainants had admitted. Further the electricity is being used from te said electric connection even after 11/2019 and same is reflected from the meter reading record and the account statement. Even true and correct bills were sent and the complainants were apprised with all the details as and when they contacted the concerned officials. However, the OPs admitted the fact regarding spot visit of JE on 29.04.2021 who after checking, submitted LCR but the said report related to meter No.1693669 but as per record, the meter installed at the premises of the complainant is No.100003204292 and as such, the LCR report is of no help to the complainants.  The complainants were informed about this fact and were informed to pay the all the electricity bills. The OPs have denied that there is any deficiency of service and have also prayed for dismissal of the complaint.

3.                In support of their claim, the complainants tendered their joint affidavit Ex. CA in which they reiterated the allegations and the claim of compensation as stated in the complaint. The complainants also tendered documents Ex. C1 is the copy of sale deed dated 27.08.2015, Ex. C2 is the copy of bill history, Ex. C3 to Ex. C25 are the copies of electricity bills, Ex. C26 and Ex. C27 are the receipts, Ex. C28 is the copy of  complaint made at Bijli Suvidha Center, Ex. C29 is the copy of LCR report dated 29.04.2021, Ex. C30 is the copy of photograph of the meter in question, Ex. C31 and Ex. C32 are the copies of Aadhar Cards of the complainants Narainder Kumar and Parvinder Malhotra and closed the evidence.

4.                On the other hand, counsel for the OPs tendered affidavit Ex. RA of Er. Parmidner Singh, Senior Executive Engineer, Aggar Nagar Division (special), PSPCL, Ludhiana long with documents Ex. R1 is the copy of statement of accounts of the complainants, Ex. R2 is the copy of reading statement and closed the evidence.

5.                We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents and written reply along with affidavit and documents produced on record by both the parties.

6.                    During the course of arguments, counsel for the complainant has drawn attention of this Commission towards the Commercial Circular No.21/2022 dated 03.08.2022 issued vide memo No.248/253/SV by the OP whereby the arrears falling from 31.12.2021 to 30.06.2022 of the electricity bills of all domestic consumers (running/disconnected, using electricity for residential purpose only) has been ordered to be waived off vide notification/memo No.2/22/2016-EB2/469 dated 13.07.2022 issued by Government of Punjab. The operative part of the said notification is reads as under:

             “Sub: Regarding waiving off the pending arrears as on             31.12.2021 of all Domestic Consumers.                                                                                  As per Deptt. of Power, GOP office Memo No. 2/22/2016-                                              EB2/469 dated 13.07.2022, Council of Ministers, Govt. of                                             Punjab in its meeting held on 06.07.2022 has decided to waive                                  off the pending arrears as on 31.12.2021 and not paid up to                                         30.06.2022 of electricity bills of all domestic consumers              (running/disconnected, using electricity for residential purposes     only (excluding all other consumers covered under Schedule of                                       Tariff for Domestic Supply viz Govt. Hospitals/Govt.                                                             Dispensaries, all places of worship, Govt. Sports Institutions,                                            Sainik Rest Houses, Govt./Govt. Aided Educational Institutions                                & attached hostels).

                       All such connections disconnected due to non-payment of          pending arrears as on 31.12.2021 will be reconnected by PSPCL                                                  on the request of consumer. The charges for reconnection of such                                               disconnected connections i.e. charges as per Schedule of General                                         Charges, Fixed Charges, any additional charges due to late                                                     payment of bills etc., shall be compensated to PSPCL by Govt. of                                              Punjab.

                       Where reconnection of such disconnected connections is not      permitted/viable on the request of applicant, a new electricity                                                          connection will be released by PSPCL in the same premises and                                                   all the applicable charges which need to be paid by the                                                               consumers for new domestic connection shall be compensated to                                                   PSPCL by Govt. of Punjab. Subsidy for the above said waiver of                                                   pending arrears, charges for reconnection of such disconnected                                                 connections or release of new connections to such consumers                                                  would be compensated by Punjab Govt. to PSPCL Modalities for                                   the claim of such subsidy from Punjab Govt. shall be framed and                                               necessary action in this regard be taken by the office of EIC/IT,                                                      CAO/Revenue and Financial Advisor, PSPCL, Patiala.

                       This facility will be applicable to all such domestic consumers   having/had connections for residential purpose only.”

7.                    Counsel for the OPs could not deny the fact of issuance of aforesaid circular/notice by the OPs.

8.                    Adverting to the facts of the case, the complainant has challenged the impugned bills issued after 11/2019 with prayer to quash the bills so issued after 11/2019 and sought direction to the OPs to issue the bills as per actual reading/units basis of the electricity connection in question.   As such, prima-facie, waiver of the said arrears falls within the purview of aforesaid circular issued by the OPs. Though, the complainant has challenged the bills issued after 11/2019. However, it will be just and appropriate, if the OPs are directed to overhaul the account of the complainant and waive off the arrears of the bill demanded through bills issued after 11/2019 (if not waived off earlier). During pendency of the present complaint, on 13.09.2011, the counsel for the complainant suffered statement that the complainant has already deposited the impugned amount with the OPs to avoid disconnection.  As such, the amount so deposited by the complainants is required to be considered as waiver off while overhauling the account or adjusted in the future bills by the OPs.

9.                    As a result of above discussion, the complaint is partly allowed with an order that the OPs shall overhaul the account of the complainant and waive off the arrears of bills issued after 11/2019 (if not waived off earlier) by passing a speaking order in view of the Commercial Circular No.21/2022 dated 03.08.2022 issued vide memo No.248/253/SV by them, within 30 days from the date of receipt of copy of order. Further, the amount, if any found surplus, the same shall be adjusted by the OPs in the future bills. However there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

10.              Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)                                (Sanjeev Batra)

Member                                              President 

 

Announced in Open Commission.

Dated:07.11.2024.

Gobind Ram.