Punjab

Patiala

CC/15/80

Sukhjinder Singh - Complainant(s)

Versus

PSPCL - Opp.Party(s)

Sh Mayank Malhotra

25 Aug 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

 

                                Complaint No. CC/80/15 of 20.4.2015

                                Decided on:    25.8.2015

 

Sukhjinder Singh S/o Kashmira Singh aged about 45 years, resident of 57-A,Vikas Colony, 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 West(Commercial)Fort West Division, Punjab State Power Corporation Ltd., Patiala.

                                                        …………….Ops

 

                                Complaint under Section 12 of the

                                Consumer Protection Act.

 

                                QUORUM

 

                                Sh.D.R.Arora, President

                                Smt.Neelam Gupta, Member

                                Smt.Sonia Bansal,Member                            

                                                               

Present:

For the complainant:      Sh.Mayank Malhotra, Advocate

For Ops:                         Sh.Anil Puri,Advocate    

 

       

                               

                                         ORDER

D.R.ARORA, PRESIDENT

1. The complainant is the holder of the domestic electricity connection bearing a/c No.3000310049 since 29.1.2013 having a sanctioned load of 3KW. The complainant received the electricity bill dated 2.1.2015 for Rs.22,670/- with a late surcharge fee of Rs.328/-. Due to the financial constraints, the complainant could not pay the electricity bill.
2. The complainant received bill dated 12.2.2015 for an amount of Rs.1,07,254/- towards sundry charges besides the amount of Rs.22,998/-towards the arrears of the current financial year and Rs.4709/- towards current electricity charges. The complainant deposited an amount of Rs.27,000/- vide receipt dated 17.4.2015 and another sum of Rs.710/- vide receipt dated 20.4.2015.
3. The Ops threatened the complainant to deposit the amount of the sundry charges, failing which the supply to his connection will be disconnected. The complainant had already deposited the current charges of the electricity as also the arrears of the current financial year but for the sundry charges of Rs.1,07,254/-, the demand in respect of which is described to be illegal, null and void and against the rules and regulations of the Ops. The Ops failed to explain as to on what count they claimed the sundry charges of Rs.1,07,254/-.No supplementary bill regarding the sundry chares was issued to the complainant. The act of the Ops in having raised the demand of the sundry charges is also said to have violated the principles of natural justice qua the rules and regulations of the PSPCL, which resulted into the harassment and the mental agony experienced by the complainant. Accordingly the complainant has brought this complaint against the Ops under Section 12 of the Consumer Protection Act,1986 ( for short the Act) for a direction to the Ops to set aside the impugned bill dated 12.2.2015 in respect of the sundry charges; to award him Rs.10,000/-by way of compensation on account of the harassment and the mental agony experienced by him and to restrain the Ops from disconnecting the supply to his electricity connection.
4. On notice, the Ops appeared and filed their written version. The Ops have not denied the complainant being the consumer of the electricity connection bearing account No.3000310049 installed at his premises but it is the plea taken up by them that the electricity connection bearing a/c No.P-16RP060942 was running in the name of Sh.Kashmira Singh, father of the complainant at 15-A, Vikas Colony, Patiala. A huge amount of Rs.1,07,254/- being due and outstanding in respect of the said account, the connection was disconnected permanently on 6.10.2013.
5. Thereafter, it was reported that said Sh.Kashmira Singh had passed away. In the mean time his son Sh.Sukhjinder Singh(complainant) obtained a new connection at 57A, Vikas Colony, bearing a/c no.3000310049 on 29.1.2013 and when the said fact had come to the knowledge of the Ops, the amount of Rs.1,07,254/- was debited to the account of the complainant, he being the son of the defaulter, under the rules of the Ops and the said amount is liable to be paid by the complainant. It is admitted by the Ops that the complainant deposited a sum of Rs.27000/- and in case the balance amount is not deposited, the connection of the complainant can be disconnected under the rules. After denouncing the other averments of the complaint, going against the Ops, it was prayed to dismiss the complaint.
6. In support of his complaint, the complainant tendered in evidence Ex.CA, his sworn affidavit alongwith documents Exs.C1 to C4 and his counsel closed the evidence.
7. On the other hand, on behalf of the Ops, their counsel tendered in evidence Ex.OPA, the sworn affidavit of AEE Deepak Goyal of West Commercial, Sub-Division of the PSPCL,Patiala alongwith the documents Exs.OP1 to OP2 and closed their evidence.
8. The parties failed to file the written arguments. We have heard the learned counsel for the parties and gone through the evidence on record.
9. Ex.C4 is the bill dated 2.1.2015 in respect of electricity connection bearing a/c No.3000310049 for the period 11.12.2014 to 30.12.2014 issued in the name of Sh.Sukhjinder Pal Singh of 57/A Vikas Colony, Patiala for Rs.22670/-, which admittedly was not paid by the complainant. Ex.C1 is the bill dated 12.2.2015, in respect of aforesaid account, issued in the name of the complainant for Rs.1,31,200/- for the period 11.12.2014 to 12.2.2015, showing a sum of Rs.1,07,254/- towards sundry charges, Rs.22998/- towards arrears of the current financial year and Rs.4709/- towards the current cycle charges.
10. It is the plea taken up by the complainant that he deposited Rs.27000/-vide receipt dated 17.4.2015,Ex.C3, and Rs.710/- vide receipt dated 20.4.2015 Ex.C2 and that no other amount except the sundry charges is due and outstanding against him.
11. It is the plea taken up by the Ops that the sundry charges of Rs.1,07,254/- were debited to the account of the complainant being due and outstanding against electricity connection bearing a/c No.P16RP060942 in the name of Kashmira Singh, father of the complainant, in respect of which the connection was installed at 15/A Vikas Colony, Patiala and that the connection was permanently disconnected on 6.10.2013.Thereafter Kashmira Singh was reported to have passed away and in the mean time the complainant obtained the new connection bearing a/c No.3000310049 on 29.1.2013 at 57/A Vikas Colony, Patiala.
12. It is not the plea taken up by the Ops that the premises 15/A Vikas Colony, wherein the electricity connection bearing a/c No.P16RP060942 was installed in the name of Kashmira Singh, father of the complainant has been inherited by the complainant. It is provided under Regulation 30.15 of Electricity Supply Code and Related Matter Regulations,2007   ( for short the Regulations 2007), “ However, in case of transfer of property by sale/inheritance, the purchaser/heir will be liable to pay all charges due and found subsequently recoverable from the consumer”. It is not the plea taken up by the  Ops that the complainant has inherited the premises in which the electricity connection bearing a/c No. P 16RP060942 was lying installed in the name of Kashmira Singh, father of the complainant at 15/A Vikas Colony, Patiala, in the absence of which and in the light of regulation 30.15 of the Regulations 2007, the complainant is not liable to pay the charges due and found outstanding against his father namely Sh.Kashmira Singh.
13. It was submitted by Sh.Mayank Malhotra, the learned counsel for the complainant that not only the Ops were not justified in having debited the amount of the sundry charges in the account of the complainant, the Ops have not explained to what period the amount of the sundry charges, in respect of electricity connection bearing a/c No.P-16RP060942, of the father of the complainant pertains and even no notice was served upon the complainant by the Ops before debiting the said amount into his account.
14. It was submitted by Sh.Anil Puri, the learned counsel for the Ops that the amount due and outstanding in respect of a/c No.P16RP060942 in the name of Kashmira Singh, father of the complainant being a pious obligation has got to be discharged by the complainant and therefore, there was nothing wrong on the part of the Ops in having debited the same into the account of the complainant.
15. We have considered the submissions and find that  in view of the specific regulations 30.15 of the Regulations,2007, the Ops cannot recover the amount of the charges found due and outstanding in respect of the electricity connection bearing a/c No.P-16RP060942 in the name of  Kashmira Singh , father of the complainant  because the Ops have not been able to show that the complainant inherited the property No.15/A Vikas Colony, Patiala, where the electricity connection bearing a/c No.P-16RP060942 was lying installed in the name of Kashmira Singh, father of the complainant and therefore, the Ops were not justified in having debited the amount of Rs.1,07,254/- as sundry charges in the bill,Ex.C4 issued in the name of the complainant bearing a/c No.3000310049 and consequently we accept the complaint and direct the Ops not to recover the amount of the sundry charges of Rs.1,07,254/- from the complainant and to issue the bill dated 12.2.2015 afresh working out the amount of the surcharge as per the liability of the complainant on the basis of current cycle charges and arrears of the current financial year within one month on receipt of the certified copy of the order. In view of the facts and circumstances of the complaint, the same is accepted with costs assessed at Rs.3000/-.

Pronounced

Dated: 25.8.2015

 

          Sonia Bansal         Neelam Gupta                 D.R.Arora

    Member              Member                          President