Punjab

Faridkot

CC/18/195

Sachin Kumar - Complainant(s)

Versus

PSPCL - Opp.Party(s)

Ranjit Singh

29 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT                  

                                                    C. C. No :              195 of 2018

Date of Institution :      26.11.2018

Date of Decision :        29.05.2019

Sachin Kumar aged about 32 years s/o Vijay Kumar  r/o Old Factory Road, Surgapuri, Kotkapura, Tehsil Kotkapura District 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, Punjab State Power Corporation Ltd., 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 M S 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

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withdraw the illegal demand of  surcharges of Rs.53,523/- raised vide notice dt 26.10.2018  and for further directing them to pay Rs.30,000/- as compensation for harassment and mental agony suffered by complainant besides litigation expenses of Rs.10,000/-.

2                                           Briefly stated, the case of the complainant is that he is having small electric connection bearing a/c no 3002421916 with sanctioned load of 12.950 KW and it is being used for running atta chakki. It is submitted that connection in question is in the name of his father who expired in December, 2016 and after the death of his father, complainant has been using the same and paying all the bills regularly as and when received and nothing is due towards him. Complainant received a notice dated 26.10.2018 for Rs.53,253/- in which  this amount is raised on the basis of audit report for the period from 12.04.2017 to 9.03.2018 on account of power factor surcharge. This demand of surcharges is very excessive and illegal and complainant is not liable to pay the same. It is further contended that these charges are raised without giving any prior notice or detail thereof. Shunt capacitor of suitable capacity has been installed by complainant and he has been paying all bills as per consumption and nothing is due towards him. On receiving the notice, complainant approached Ops and requested them to withdraw the excessive demand of surcharges, but they did not pay any heed to hear his requests and they flatly refused to correct the bill. OP-2  rather threatened to disconnect his electric connection, if he fails to pay the entire amount in time, which amounts to deficiency in service on the

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part of OPs and this act and conduct of Ops has caused great inconvenience, harassment and mental tension to him for which he has prayed for seeking directions to Ops to withdraw the this demand of surcharges and prayed for compensation for harassment and mental agony suffered by him besides litigation expenses. Hence, this complaint.

3                                                           Counsel for complainant was heard with regard to admission of the complaint and vide order dt 28.11.2018, 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 took preliminary objections that complainant is not the consumer of answering OPs as connection in question is in the name of Vijay Kumar and complainant has not given any intimation regarding death of his father to them. he has also not submitted A & A form alongwith death certificate of his father, succession certificate and no objection from other legal heirs of Vijay Kumar for getting transferred the said connection in his own name. Moreover, complainant has been using this connection for commercial purpose and therefore as per provisions of Consumer Protection Act, he is not the consumer of OPs. However, on merits OPs have denied all the allegations of complainant being wrong and incorrect and asserted that notice number 1629 dated 26.10.2018 for Rs.53,253/- is issued by them

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as per rules and regulations of PSPCL. It is averred that full detail and reason for charging this amount is given in said notice. it is further averred that Audit Party pointed out Half Margin No. 22 in May, 2018 and power factor surcharges were required to be charged as per provisions of Electricity Supply Instructions Manual 2017  Regulation No. S111.7 and S111.8.  Complete detail regarding surcharges charged is given on the backside of notice dt 26.10.2018 and this amount is charged vide Sundry Charge and Allowance Register No.30/21/50. It is admitted that payment is being made by complainant as per assessment made and demanded by them. Tariff chargeable to all category of consumer is widely circulated through electronic and print media and thus, it is not required to inform every consumer individually. It is asserted that amount charged by them is as per reading recorded by meter and as per rules and regulations of OPs and there is no irregularity in it. Complainant is liable to pay this amount and they have every right to recover the same. All the other allegations and the allegation with regard to relief sought too are denied being wrong and incorrect. It is further submitted that there is no deficiency in service on the part of OPs and prayed for dismissal of complaint 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 Ex C-4 and closed the same.

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6                                                        In order to rebut the evidence of the complainant, ld Counsel for OPs tendered in evidence affidavit of Harinder Singh Ex OP-1 and documents Ex OP-2 to OP-5 and then, closed the evidence.

7                                              We have heard the ld counsel for complainant and Opposite Parties and have carefully gone through the evidence produced on file.

8                                               From the careful perusal of documents and evidence placed on record and after going through the arguments advanced by complainant counsel, it is observed that case of the complainant is that electric connection of complainant is in the name of his father with sanctioned load of 12.950 KW and it is being used for running atta chakki. After death of his father in December, 2016  complainant has been using the said connection and paying all the bills and nothing is due towards him. He received a notice dated 26.10.2018 for Rs.53,253/-on the basis of audit report for the period from 12.04.2017 to 9.03.2018 on account of power factor surcharge. This demand of surcharges is very excessive and illegal these charges are raised without giving any prior notice or detail thereof. Shunt capacitor of suitable capacity has been installed by complainant and he has been paying all bills as per consumption. Complainant requested OPs to withdraw the excessive demand of surcharges, but they

 

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did not do anything needful, which amounts to deficiency in service. He has prayed for accepting the present complaint. On the other hand plea taken by OPs is that complainant is not their consumer as said connection is in the name of Vijay Kumar and complainant has neither given any intimation regarding death of his father Vijay Kumar to them nor he has submitted A & A form alongwith death certificate of his father, succession certificate and no objection from other legal heirs of Vijay Kumar for getting transferred the said connection in his own name. Even connection in question is being used for commercial purpose and thus, as per provisions of Consumer Protection Act, he is not their consumer. Ops brought before the Forum that notice number 1629 dated 26.10.2018 for Rs.53,253/- is issued by them  alongwith full detail as per rules and regulations of PSPCL. This amount is charged as per report of Audit Party as Audit Party pointed out Half Margin No. 22 in May, 2018 and power factor surcharges were required to be charged as per provisions of Electricity Supply Instructions Manual 2017  Regulation No. S111.7 and S111.8. Full and complete detail in respect of surcharges charged is given on the backside of notice dt 26.10.2018 and this amount is charged vide Sundry Charge and Allowance Register No.30/21/50.  Ld counsel for OPs stressed that Tariff chargeable to all categories of consumers has been widely circulated through electronic and print media and there is no need to inform every consumer individually.  They have charged this amount as per reading recorded in meter and it is charged as

 

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per rules and regulations of OPs and there is no irregularity in it. Complainant is charged this amount as per consumption recorded in his meter and full detail regarding it has already given by them on the backside of notice dated 26.10.2018 issued by them to him and complainant is liable to pay this amount. They have denied all the other allegations and prayed for dismissal of complaint with costs.

9                                                        Ld counsel for OPs has brought our attention towards Regulation SIII.7 Power Factor Surcharge/Incentive and SIII.8 Capacitor Surcharge given in  Electricity Supply Instructions Manual-2017 that clearly states that SP Consumers existing as on 8.09.2009 were given option either to opt for installation of meter/metering equipment to measure the monthly average power factor where after the surcharge/incentive would become applicable as specified in para SIII.7 and consumers who did not opt for new provisions for measurement of monthly average power factor under this clause shall also be covered under clause SIII.7 after six months from the date of issue of this Tariff Order and provision of Capacitor Surcharge shall stand deleted from the effective date. All such consumers shall be served with a notice of atleast three months within 15 days of the issue of this tariff order.

10                                  It is observed that allegation of complainant that no notice or detail regarding notice dated 26.10.2018 for amount of Rs.53,253/- raised is  given to complainant by Ops, has no legs to stand

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upon in the light of document Ex C-2 i.e copy of notice issued by OPs to complainant, which complainant has himself placed on record as it is clearly stated on this notice that detail regarding amount charged is given on the backside of notice. Ex Op-2 is copy of notice dated 26.10.2018 given by Ops to complainant which also bears same description that detail is attached at the back. Ex Op-3 is copy of Report given by Audit Party for the amount of Rs.53,253/-charged to complainant for the period from 12.04.2017 to 12.02.2018. OPs have produced sufficient and cogent evidence to contradict the contentions of complainant and all documents are beyond any doubt. It is made out that there is no deficiency in service on the part of OPs. Complainant is liable to make payment of power consumed by his meter.

11                                         From the above discussion and in view of evidence and documents placed on record by OPs, this Forum is of considered opinion that there is no deficiency in service on the part of OPs. Complainant has failed to prove his case, therefore, complaint in hand is hereby dismissed being devoid of any merits. However, in peculiar circumstances of the case, there are no orders as to costs. Copy of order be supplied to parties free of cost. File be consigned to record room.

Announced in Open Forum

Dated : 29.05.2019                                                                              

(Param Pal Kaur)                (Ajit Aggarwal)

                                           Member                           President