Punjab

Faridkot

CC/19/43

Raman Kumar - Complainant(s)

Versus

PSPCL - Opp.Party(s)

Ranjit Singh

20 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

                                                                   Complaint No :             43 of 2019

Date of Institution :       18.02.2019

Date of Decision :         20.01.2020

Raman Kumar aged about 32 years son of Kishore Chand, Chamber No.149, District Courts, Faridkot.

                                                             ...Complainant

Versus

1. Punjab State Power Corporation Ltd., through its Chairman cum Managing Director, The Mall, Patiala.
2. Assistant Executive Engineer, DS City Sub Division, PSPCL, Faridkot, Tehsil and District Faridkot.                                   

        .........OPs

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum: Sh Ajit Aggarwal, President,

              Smt Param Pal Kaur, Member.

 

Present:  Sh Ranjit Singh, Ld Counsel for complainant,

    Sh Dildeep Singh, 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

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State Power Corporation Ltd etc/Ops seeking directions to Ops to withdraw the demand of Rs.2,580/- raised vide bill dated 7.02.2019 and for further directing them to pay Rs.30,000/- as compensation for harassment and mental agony suffered by complainant besides Rs.10,000/- as litigation expenses to complainant.

2                                     Briefly stated, the case of the complainant is that he is having electric connection bearing a/c no.3000677548 in his name and he has been paying all the bills as and when received and nothing is due towards him on account of consumption charges. It is submitted that complainant received bill dated 13.08.2018 for Rs.1,860/-which was duly paid by him and thereafter, he did not receive any bill and now, he has received a bill dated 7.02.2019 for Rs.2,580/-for 51 units for the period from 5.12.2018 to 7.02.2019 and in this bill Rs.1,863/-are charged as current year arrears and Rs.240/-as adjustment. Amount of Rs.2,580/-charged in this bill is very excessive and on receiving the said bill, complainant approached the office of OP-2 and requested them to correct the same, but despite repeated requests OPs neither corrected the said bill nor gave any detail regarding adjustment charges, rather threatened to disconnect his electric connection, if he fails to pay the entire amount in time. All this amounts to deficiency in service and trade mal practice on the part of OPs and it has caused huge harassment and mental agony to him. Complainant has prayed for seeking directions to OPs to set aside the demand of Rs.2,580/-raised vide bill dated 07.02.2019 and for further

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directing them to pay compensation for harassment and mental agony suffered by complainant besides litigation expenses incurred by complainant. Hence, this complaint.

3                                       Counsel for complainant was heard with regard to admission of the complaint and vide order dated 20.02.2019, 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 took preliminary objections that complaint filed by complainant is false and frivolous and he has not come to the Forum with clean hands. No cause of action arises against answering OPs as complainant has filed the present complaint with malafide intention only to harass the OPs and there is no deficiency in service on the part of Ops. However, on merits, Ld Counsel for OPs has further denied all the allegations of complainant being wrong and incorrect and reiterated that there is no deficiency in service on their part. however, through the affidavit Ex OP-1 given by Gaurav Kakkar AEE of PPCL, it is brought before the Forum that electricity bill generated on 13.08.2018 was for Rs.1,880/-. Complainant paid Rs.1860/-and Rs.20/-were due towards him. next bill generated on 3.10.2018 was for Rs.1,270/-which was not paid by complainant and thereafter bill dt 5.12.2018 was for Rs.1930/-which was also not paid by him. impugned bill dated 7.02.2019 for Rs.2640/- has been partly paid by complainant. amount charged is due towards him and

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there is no deficiency in service on the part of OPs. Prayer for dismissal of complaint is made.

 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 5 and closed the same.

6                                      In order to rebut the evidence of the complainant, ld Counsel for opposite parties tendered in evidence affidavit of Gaurav Kakkar as Ex OP-1, documents Ex OP-2 to Ex OP-12 and then, closed the evidence on behalf of OPs.

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

8                              From the careful perusal of record and evidence produced by respective parties, it is observed that case of complainant is that OPs issued him bill dt 7.02.2019 for Rs.2,580/-, which is very excessive and OPs have illegally charged this amount, which is very excessive. This amount is highly excessive and despite repeated requests, OPs did not withdraw the said bill and have failed to redress his grievance. He has prayed for directions to OPs to withdraw the demand raised vide bill dated 7.02.2019. In reply, plea taken by OPs is that

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amount in question is charged as per rules and regulations and there is no deficiency in service on the part of OPs. Complainant has himself admitted before the Forum that he paid bill dated 13.08.2018 for Rs.1,860/- and thereafter, he did not receive any bill. It is also the submission of complainant that after bill dated 13.08.2018, he received a bill dated 7.02.2019 for Rs.2,580/-for 51 units for the period from 5.12.2018 to 7.02.2019 and in this bill Rs.1,863/- are charged as current year arrears and Rs.240/-as adjustment. From the careful perusal of affidavit of AEE, it is clear that after bill dated 13.08.2018, complainant did not pay next bills 3.10.2018 was for Rs.1,270/-and bill dt 5.12.2018 was for Rs.1930/- and bill dated 7.02.2019 for Rs.2640/- is also partly paid by him.

9                                  From the careful perusal of record, pleadings made by respective parties and evidence placed before the Forum, it is observed that there is no denial on the part of complainant that since 13.08.2018, he has not paid any consumption charges and OPs have also brought before us that Rs.1270/-for bill dated 3.10.2018 and Rs.1930/-against bill dated 5.12.2018 are due towards complainant, as such, they have rightly demanded Rs.1,863/-as arrears, but no justification is put forward by counsel for OPs for charging the adjustment amount of Rs.240/-. Therefore, it is made out this amount of Rs.240/-is against the rules and act of OPs in charging this amount to complainant without any plausible reason is not appropriate and it amounts to deficiency in service.

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10                                In view of the aforesaid facts and circumstances, the complaint filed by the complainant is partly allowed and the demand raised by Ops from complainant vide bill dated 7.02.2019 for Rs.240/-as adjustment is set aside and quashed. 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 : 20.01.2020

 

                                        (Param Pal Kaur)                     (Ajit Aggarwal)

            Member                                   President