Punjab

Nawanshahr

CC/77/2016

Sucha Ram - Complainant(s)

Versus

PSPCL - Opp.Party(s)

MP Nayyar

22 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHAHEED BHAGAT SINGH NAGAR.

                  

                     Consumer Complaint No.  77 of 07.09.2016

                      Date of Decision             :   22.05.2017

 

 

Sucha Ram Village and Post Office Ghataron, Tehsil and District Nawanshahr.                                                                                                                                                  ….Complainant

Versus

1. Punjab State Power Corporation Limited, Garhshankar Road Nawanshahr through Sub Divisional Officer.
2. Punjab State Power Corporation Limited, Garhshankar Road Nawanshahr through XEN.
3. Head Office, Punjab State Power Corporation Limited, Mall Road, Patiala through Chairman.

                                                                    ….Opposite Parties

                   Complaint under Section 12 of the Consumer Protection Act, 1986

ARGUED BY:

For complainant            :         Sh.M.P. Nayyar, Advocate

For OPs                         :         Sh.S.S. Garcha, Advocate

 

QUORUM:

S.KARNAIL SINGH, PRESIDENT

S.KANWALJEET SINGH, MEMBER

 ORDER

S.KARNAIL SINGH, PRESIDENT

1. The instant complaint has been filed by complainant wherein it is alleged that he is consumer of OPs having consumer account No.N44KR240830Y.  OP No.1 has sent bill in the month of August 2016 for Rs.13,900/- which is too much excessive from actual consumption from the reading of the meter.  In the aforesaid bill a sum of Rs.10,602/-is added as sundry charges.  The said sundry charges relates to bills from April 2012 to December 2013 which are illegal.  No notice or detail was ever provided to the complainant.
2. The complainant is continuously paying his electricity charges from time to time.  When the complainant asked OP-1 regarding detail of the sundry charges they refused to give and stated that the complainant has to deposit the said amount otherwise the electric meter of the complainant will be removed.  The consumption of the complainant in the month of August 2016 was 434 units and there was no previous balance found due and status of the meter is “OK”.  Accordingly the complainant visited many times to the office of OPs and requested to correct the bill but they refused and accordingly necessity has arisen to file the present complaint with prayer that the aforesaid bill for the month of August-2016 may be set aside and amount of Rs.10,602/- be also set aside and further OPs be directed to pay compensation for mental harassment to the tune of Rs.50,000/- and litigation expenses of Rs.30,000/-.
3. Notice of the complaint was given to the OPs, who filed joint reply and contested the same by taking preliminary objections that complaint is not maintainable as the bill of the complainant can be revised as per law and further alleged that short assessment of electric charges is made, if there is short assessment for a long period, bills can be revised for that period but limiting to twelve months.  On merits, it is admitted that electric connection was installed in the house of the complainant and remaining allegations are categorically denied and further submitted that meter of the complainant found defective on 14.02.2014, as per report of meter reader.  The meter of the complainant was changed over on 19.04.2014 as per MCO No.95/13017 dated 25.03.2014.  The old meter was packed and sealed in the presence of complainant and was sent to ME Lab Goraya.  As per report of ME Lab Goraya, meter was found dead.  The account of the complainant is revised by the internal audit party due to non-functional of meter from April 2013 to December 2013 and charged the amount of Rs.10,602/- (Rs.7,141/- on account of difference of unit of old and new meter plus Rs.3,461/- amount of assessment during the dead period of meter).  They served Bill – cum – show cause notice and asked the complainant to deposit the revised bill of Rs.13,900/-.  Remaining allegations are categorically denied and lastly prayed that complaint may be dismissed. 
4. In order to prove the case, complainant himself has tendered into evidence self declaration Ex.C-1 alongwith photocopies of documents Ex.C-2 to Ex.C-4 and closed the evidence.
5. Similarly, counsel for the OPs  has tendered into evidence affidavit of Sh.Arun Sheikhar, SDO Ex.OPA and further tendered some photocopies documents Ex.OP-1 to Ex.OP-4 and closed the evidence.
6. We have heard the learned counsel for respective parties and also gone through complaint file alongwith documents very minutely.
7. After considering over all circumstances as explained in the pleading, it revealed that the complainant is regular electric consumer of the OPs having electricity connection number N44KR240830Y and further alleged that in the month of August 2016, the complainant received bill amounting to Rs.13,900/- which includes sundry charges of Rs.10,602/- which is illegal and not liable to be paid by complainant.
8. To the contrary, the version of the OPs is only that on the report of meter reader, the meter of the complainant was changed being defective and new meter was installed and account of the complainant was revised by the internal audit party due to non-functional of meter from April 2013 to December 2013 and charged an amount of Rs.10,602/- which is legal.
9. We find that the OPs have took a plea that the meter reader reported that meter of the complainant is defected and same was changed as per MCO No.95/13017 dated 25.03.2014 and old meter was changed over, packed and sealed in the presence of the complainant and sent to ME Lab Goraya and as per report of ME Lab Goraya, the meter was found dead.  To this effect, OPs have placed on file ME Lab report Ex.OP-3 and accordingly a notice was served to the complainant for payment of arrear for the period of non-functional of meter from April 2013 to December 2013 which comes to Rs.10,602/-.  On the other hand, if we go through the bill Ex.C-2, wherein the amount of Rs.10,602/- has been shown as sundry charges and not previous arrear.  So it means that the OPs have not explained the detail of said amount of Rs.10,602/- rather sending the bill to the complainant without explaining the bill of the said amount and further as per version of the OPs, the previous meter of the complainant was changed and sent to ME Lab Goraya but as per electricity Rules and Regulation if old meter of any consumer is removed and sent to ME Lab, on that instance it is required that meter is to be removed in the presence of the complainant and packed in the presence of the complainant and sent the meter to ME Lab and when the meter is checked, a notice for calling the consumer in the ME Lab and checked   the meter in the presence of the consumer is necessary but in this case the OPs have ignored all the Rules and Regulations.  If so, ME lab report is not binding upon the complainant and as such the OPs are not entitled to recover sundry charges of Rs.10,602/- and further if the complainant has already deposited any amount out of disputed amount then the same can be adjusted by the OPs in future consumption bills.
10.  In the light of above detailed discussion, the complaint of complainant is partly accepted and the bill Ex.C-2 whereby the OPs demanded a sum of Rs.10,602/- as sundry charges is set aside being not legal.  However, the OPs are entitled to recover actual consumption charges from the complainant and further if any amount out of disputed amount has been deposited by the complainant the same be adjusted in the future consumption bills.  Furthermore, the OPs are directed to pay compensation of Rs.2,000/- for mental harassment and Rs.1,000/- as litigation expenses.
11. Entire compliance of aforesaid order be made within 30 days from the date of receipt of copy of this order.
12. Complaint could not be decided within stipulated time frame due to rush of work.
13. Copies of the order be sent to the parties, as permissible, under the rules.

Dated 22.05.2017                                                         

 

 

(Kanwaljeet Singh)                (Karnail Singh)

Member                                  President