DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 113 of 3.4.2017

                                      Decided on:         9.2.2021

Parveen Kaur 56 years w/o Charanjit Singh, resident of Friends Colony, Opposite Verma Bakery, Near 22 No.Phatak, Patiala.

                                                                   …………...Complainant

                                      Versus

1. Punjab State Power Corporation Limited, Patiala through its Chief Managing Director,  Head Office, The Mall, Patiala.
2. S.D.O./Operation, PSPCL, West Commercial Sub Division, Near Railway Station, Patiala.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Y.S.Matta, Member

ARGUED BY

                                      Sh.G.S.Sangha, counsel for complainant.

                                      Smt.Neena Kaushal, counsel for OPs.                                    

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Parveen Kaur (hereinafter referred to as the complainant) against Punjab State Power Corporation Ltd. and another (hereinafter referred to as the OP/s).
2. Briefly the case of the complainant is that she is the holder of  domestic connection  bearing a/c No.3000029338 and  is using the same for the last more than 8 years.It is averred that she has been paying the electricity charges and no amount is due against this connection .It is averred that she received the last bill dated 6.2.2017 for a sum of Rs.16,680/- and the same was paid by the complainant vide receipts dated 20.2.2017 and 21.2.2017.
3. It is further averred that she received a letter/notice No.3532 dated 8.11.2016 from OP No.2, in which an amount of Rs.1,09,550/- has been shown as due against connection No.3002607520 to be deposited within seven days otherwise the same will be added in current electricity account  bearing number 3000029338 and failing in depositing the said amount the connection will  be disconnected. It is averred that the said demand is totally illegal, null and void.
4. It is averred that the complainant had applied for a commercial connection for PG of 31.840 KW and connection No.3002607520 was installed on 22.8.2015 by the OPs.The complainant regularly paid the consumption bills of said connection. It is averred that the complainant received a bill of June,2016 for a sum of Rs.11,676/- which was deposited by her and on her request the connection was disconnected by the OPs  in the month of July,2016 . Thereafter the OPs sent another bill dated 12.8.2016 for a sum of Rs.71,070/-.On receipt of the same, the complainant requested the OPs to withdraw the same as the connection was already  disconnected but the OPs paid no heed and further issued letter/notice in question without disclosing any reason. It is averred that on 3.4.2017, the OPs disconnected the current connection No.3000029338 whereas she is regularly paying the energy bills of this connection. There is thus deficiency in service on the part of the OPs. Hence this complaint with the prayer to accept the same by giving direction to the OPs to quash the demand of Rs.1,09,550/- raised vide letter/notice No.3532 dated 8.11.2016; to pay Rs.50,000/- as compensation for unnecessary harassment and Rs.5000/-as costs of the complaint.
5. Upon notice OPs appeared through counsel and contested the complaint by filing written reply. It is admitted that complainant is the holder of domestic connection bearing a/c No.300002938.It is also admitted that a letter-cum-notice was issued to the complainant vide memo No.3532 dated 8.11.2016 informing her  about the due amount of Rs.1,09,550/-standing against the connection No.3002607520 to be deposited within seven days.It is submitted that the connection No.3002607520 was released to the complainant on 22.8.2016 and the first electricity bill was issued on 6/2015. The complainant became defaulter of the electricity charges of Rs.1,09,550/- of the said connection having not paid the amount and the connection was disconnected on 16.10.2016.The notice/letter has been rightly issued to the complainant. There is no deficiency in service on the part of the OPs. After denying all other averments made in the complaint, the OPs prayed for the dismissal of the complaint.
6. In support of the complaint, the ld. counsel for the complainant has tendered Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C4 and closed the evidence.
7. The ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Sh.Sandeep Puri, SDO, PSPCL alongwith documents Exs.OP1 to OP10 and closed the evidence.
8. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
9. The ld. counsel for the complainant has argued that the complainant is consumer of domestic electricity connection No. 3000029338 and is using the same for the last more than eight years.The ld. counsel further argued that complainant received last bill dated 6.2.2017 for a sum of Rs.16,680/- and the same was paid.The ld. counsel further argued that complainant received letter no.3532 dated 8.11.2016 from the OPs in which they demanded Rs.1,09,550/- due against her connection No.3002607520 and they disconnected the current electricity connection. The ld. counsel further argued that the complainant had applied for connection of 31.840KW of this number and same was installed on 22.8.2015 and this energy bill was never consumed,so the complaint be allowed.
10. On the other hand, the ld. counsel for the OPs as argued that the amount of Rs.1,09,550/- is standing against the  complainant in respect of connection bearing  No.3002607520 and this was commercial connection. The ld. counsel further argued that the complainant had consumed the electricity of this connection which was of 31.840KW and the amount was not paid.So the complaint be dismissed.
11. The perusal of the complaint shows that on 5.4.2017 the then Ld. President had directed the OPs to restore the domestic connection No. 3000029338 subject to the deposit of 40% amount of Rs.1,09,550/-. But there is no document on the file which can show that this amount of 40% was deposited by Smt.Parveen Kaur.
12. To prove this case, the complainant has tendered his affidavit Ex.CA and she has deposed as per his complaint. Ex.C1 is the bill dated 6.2.2017,Ex.C2 is the receipt vide which Rs.10,000/-  was paid,Ex.C3 is the receipt vide which Rs.6700/- was paid,Ex.C4 is letter to complainant by OPs.
13. On the other hand on behalf of OPs Sh.Sandeep Puri has tendered his affidavit, Ex.OPA and he has deposed as per the written statement. He has pleaded in para no.3 of the affidavit that a letter cum notice no.3532 dated 8.11.2016 was given to the complainant vide which she was informed that Rs.1,09,550/- is outstanding   in the accounts in respect of connection bearing 3002607520 and the complainant was advised to deposit the amount.
14. The complainant has taken another commercial electricity connection No.3002607520 which was installed on 28.2.2015 and the first bill of June/2016 was issued and the complainant became defaulter of Rs.1,09,550 and said connection was disconnected.
15. Even from para no.4 of the complaint, it is clear that complainant has applied for commercial connection for PG of 31.840KW and the connection No.3002607520 was installed by the OPs on 22.8.2015 and the bill/notice  in question was sent to her
16. So it is clear that this amount of bill is qua the commercial connection of more than 31KW load and the complainant had failed to deposit the amount. So there is no fault  in sending this energy bill and the complaint is dismissed. Parties are to bear their own costs.   

ANNOUNCED

DATED:9.2.2021         

                                         Y.S.Matta                     Jasjit Singh Bhinder

                                          Member                       President