DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 253 of 30.10.2015
Decided on: 17.8.2017
Nirpal Singh S/o Sh.Surjit Singh aged about 65 years, resident of 184-G, Gobind Nagar, Patiala.
…………...Complainant
Versus
1. Punjab State Power Corporation Ltd., Head Office, The Mall, Patiala through its Chairman-cum-Managing Director.
2. The Assistant Executive Engineer East (Commercial) East Sub Division, Punjab State Power Corporation Ltd.,Patiala.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Mayank Malhotra,Adv.counsel for complainant.
Sh.H.S.Dhaliwal,Adv.counsel for Opposite parties.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Nirpal Singh, complainant has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-
- To set aside the impugned bill dated 23.10.2015 to the extent of charging undue arrears of current year;
- To allow the complainant to deposit the actual electricity charges;
- To restrain the OPs from disconnecting electric connection of the residential premises of the complainant;
- To pay Rs.10,000/- as compensation and
- To grant any other relief,which this Forum may deem fit.
2. In brief, the case of the complainant is that he is using an electric connection bearing a/c No.3000066943 with sanctioned load of 12.56 KW under NRS category. The meter is installed outside his premises on the electricity pole alongwith other meters from many years. He has been paying all the electricity consumption bills regularly. It is averred that he received a bill dated 20.8.2015 for an amount of Rs.26,890/-, which was paid by him on 31.8.2015 vide receipt No.210005931947 . He was shocked on receiving bill dated 23.10.2015 for an amount of Rs.1,05,640/- in which an amount of Rs.51,379/-( Rs.28404+20771+2204) was added as arrears of current year and Rs.51,928/-(Rs.45360/-+5897/-+671) was added as current electricity charges. It is further averred that it is not disclosed as to on what account a huge amount of Rs.51397/- out of Rs.1,05,640/- has to be charged from him. He approached the OPs to rectify the bill but they flatly refused to do so rather threatened him that they will disconnect the connection if he fails to deposit the entire bill amount. The act and conduct of the OPs is illegal, null and void and against the rules and regulations for which he has suffered from mental agony and physical harassment. Hence this complaint.
3. On being put to notice, the OPs appeared and filed the written version taking preliminary objections that the complaint is not maintainable; that the complainant has no locus standi to file the present complaint and that the complainant has not come to this Forum with clean hands. On merits, it is admitted that electric connection bearing a/c No.3000066943 was installed at the premises of the complainant with sanctioned load of 12.56 KW under NRS category. It is also admitted that they issued bill dated 20.8.2015 for an amount of Rs.26,890/-.It is further admitted that a bill dated 23.10.2015 for an amount of Rs.1,05,640/- showing an amount of Rs.51,379/- as arrears of current charges has been issued to the complainant. By narrating the factual position, it is stated that the meter of the complainant was got burnt and was changed on 13.6.2015. At that time the reading was 18516 units. Thereafter bill dated 17.6.2015 for an amount of Rs.3890 was sent to the complainant with ‘I’ code on average basis, showing the old reading as 12,218 and without mentioning the new reading due to installation of new meter.It is submitted that the reading of the removed meter was 18516 units whereas the complainant was charged upto 12,218 units. As such difference of 18516-12218=6298 units was chargeable from him. Hence the bill dated 23.10.2015 was sent to the complainant after including the difference of said 6298 units which is shown as arrears of current year. No amount was charged illegally from the complainant. There is no deficiency in service or unfair trade practice on their part. After denying all other averments made in the complaint, it was prayed to dismiss the complaint.
4. On being called to do so, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C3 and closed the evidence.
The ld.counsel for the OPs has tendered in evidence affidavit of Sh.Jatinder Singh Kanda, Ex.OPA alongwith documents Exs.OP1 to OP4 and closed the evidence.
5. We have heard the ld.counsel for the parties and have also gone through the record of the case, carefully.
6. The ld. counsel for complainant has submitted that the complainant was paying the electricity consumption bills regularly. The Ops sent a bill dated 20.8.2015 ,Ex.C2 for an amount of Rs.26,890, wherein no charges were levied on account of any arrears, which was duly paid by the complainant on 31.8.2015, vide receipt Ex.C3. However, the Ops sent him a bill dated 23.10.2015,Ex.C1 for an amount of Rs.1,05,640/- by adding the amount of Rs.51,379/- as arrears, illegally. The current consumption charges of Rs.51,928/- have already been paid by the complainant as directed by this Forum, vide order dated 2.11.2015. He prayed that imposition of penalty to the tune of Rs.51,379/- which has been levied unnecessarily, may kindly be quashed. To this effect, the ld. counsel for the Ops has submitted that the Ops have rightly charged the arrears of Rs. 51,379/-from the complainant vide bill dated 23.10.2015 because the meter of the complainant was burnt and it was changed on 13.6.2015 vide MCO Ex.OP1. At the time of removal of the said meter the reading of the same was 18516 units. A bill was generated on 17.6.2015 i.e. after four days of installation of new meter and the said bill was sent to the complainant with “I” code on average basis for a sum of Rs.3890/- only and in the said bill the old reading was shown as 12218 units. The new reading was not mentioned in the said bill due to installation of new meter and was less than the previous reading. It is submitted that bills with “I” code used to be sent in cases where reading is less than the previous reading. Since the reading of the removed meter was 17516 units , whereas the complainant was charged for 12,218 units only and as such he was charged for the difference of 6298 units. As such the bill dated 23.10.2015was sent to the complainant after including the charges of 6298 units i.e. difference of units already consumed, as arrear of current year.
7. Admittedly NRS electricity connection having a/c No.3000066943 has been installed in the name of the complainant in his premises. The plea of the complainant is that he was paying the electricity bills regularly,even then the Ops vide bill dated 23.10.2015 have raised a demand of Rs.51379/- as arrears, unnecessarily , whereas the stand of the Ops is that infact at the time of removal of the burnt meter 18515 units of electricity were consumed, whereas bill was raised only for consumption 12,218 units. The ops vide bill dated 23.10.2015, have rightly demanded the amount of Rs.51379/- as difference of units, actually consumed by the complainant, as arrears of current financial year.
8. As per regulation No.30.1.2, of ELECTRICITY SUPPLY CODE OF 2014 , which is reproduced as under:
“The bill-cum -notice for arrear in the case of under assessment or the charges levied as a result of checking etc. shall be initially tendered separately and shall not be clubbed with the current electricity bill. The arrear bill- cum- notice would briefly indicate the nature and period of the arrear alongwith the calculation details of such arrears. If the arrears are not cleared by the complainant such arrears shall be indicated regularly in the subsequent electricity bills. However, in case arrear bill is including in the current energy bill at the first instance, the distribution licensee shall not be entitled to take any punitive action against the consumer for non payment of such arrear amount alongwith the current energy bill” ,
the Ops were bound to issue a separate bill cum notice for the arrear indicating the details therein . However, the Ops have not placed on record any document to show that they have ever sent bill cum notice to the complainant, for recovery of the amount due against him . Thus, the act of raising the demand of Rs. 51,379/- as arrears in bill dated 23.10.2015 is in violation of circulars and regulations of the Ops.
8. In view of the aforesaid discussion, we allow the complaint and quash the bill dated 23.10.2015, to the extent of Rs.51,379/- which was levied as arrears in the said bill. The Ops are also directed to pay Rs.5000/- as costs of litigation expenses. The Ops are further directed to comply with the aforesaid directions within a period of 45 days from the date of receipt of the certified copy of this order. However, the Ops are at liberty to recover the amount due if any, from the complainant, as per regulation No.30.1.2, of ELECTRICITY SUPPLY CODE OF 2014, by issuing a separate bill cum notice to him. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:17.8. 2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
