| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 399 of 5.10.2018 Decided on: 2.9.2021 Sunder Singh Mahant, Chella Bhai Pritam Singh c/o Bhai Ram Krishan, Gurdwara Sheran Wala Gate, Patiala. …………...Complainant Versus - PSPCL through its Chairman, The Mall, Patiala.
- SDO/JE/Assistant, Sub urban Division 66 KV Grid, Sub Station Near Railway Station, Patiala.
…………Opposite Parties Complaint under the Consumer Protection Act QUORUM Sh. Jasjit Singh Bhinder, President Dr.Harman Shergill Sullar,Member ARGUED BY Sh.Sukhjinder Singh Anand, counsel for complainant. Sh.Kuldeep Kumar, counsel for the OPs. ORDER JASJIT SINGH BHINDER,PRESIDENT - In brief, the case of the complainant is that he is permanent resident and Mahant (Head) of Bhai Ram Krishan Gurdwara, Sheran Wala Gate, Patiala and is availing the services of the OPs having electricity account bearing No.3000091955 installed in the name of Mahant Gopal Singh, predecessor of the complainant and in the year 2007 he was declared as Mahant (Chela) of the above said Gurdwara, by the resolution, passed by the trustees. It is averred that since then the complainant has been paying all the electricity bills regularly and nothing was due. It is averred that he received bill on 29.8.2018 for Rs.2,40,810/- to be paid by cash till 13.9.2018 and by cheque till 11.9.2018.On receipt of this bill, the complainant approached the OPs and he came to know that sundry charges of Rs.1,77,524/-+ yearly arrears charges have been added and after passing of the due date, the OPs started threatening disconnection of connection, which is illegal, unjust and arbitrary. The act and conduct of the OPs amounts to deficiency in service which caused mental pain, agony and harassment to the complainant. Hence this complaint with the prayer to accept the complaint by giving direction to the OPs to quash the sundry charges of Rs.1,77,524/- and also to pay Rs.25000/- as compensation and Rs.20,000/-as costs of litigation.
- Upon notice OPs appeared and contested the complaint by filing written reply having raised preliminary objections that the complainant is not a consumer. Neither authority letter nor any resolution has been produced nor Sunder Singh Mahant was empowered to file the present complaint & that the complainant has not approached the Commission with clean hands and has filed a false and frivolous complaint.
- On merits, it is admitted that electricity connection in question has been installed. It is submitted that there are two electricity connections Nos.3000091955 and 300001960, installed at the premises. It is submitted that on 10.6.2018 raid was conducted and it was found that connection bearing No.3000091960 was installed in the name of Bhai Ram Kishan, Sheran Wala Gate, Inside Darbar Sahib but the supply was being given from electricity connection No.3000091955 in the name of Mohini Mahant and is installed for langar hall. Thus letter No.2349 dated 25.6.2018, stating therein that amount/arrears of Rs.1,77,390/- against account No.3000091960 shall be got adjusted from the account No.3000091955 was issued and the bills were sent after clubbing both the accounts. It is further submitted that disconnection order dated 25.3.2014 was issued against account No.3000091960 and connection No.3000091955 was ordered to be disconnected vide order dated 21.7.2017. It is averred that the OPs are entitled to recover the amount. There is no deficiency of service on the part of the OPs. After denying all other averments, the OPs have prayed for the dismissal of the complaint.
- In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C3 and closed the evidence.
- On the other hand, the ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Om Parkash ,SDO, PSPCL alongwith documents Exs.OP1 to OP6 and closed the evidence.
- We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- The ld. counsel for the complainant has argued that that electricity connection bearing a/c No.300091955 was installed at the spot and the complainant has been paying the bills regularly. Suddenly bill dated 13.9.2018 was received in which sundry charges of Rs.177524/- was shown, which are liable to be quashed.
- The ld. counsel for the OPs has argued that electricity connection No.3000091955 was installed at the site and there were two electric connections at the spot. The ld. counsel further argued that on 10.6.2018 raid was conducted and it was found that connection No.3000091960 was installed in the name of Bhai Ram Kishan, Sheran Wala Gate, inside Darbar Sahib but the electricity was being supplied from connection No. 3000091955 installed in the name of Mohini Mahant for langer hall. The ld. counsel further argued that arrears of Rs.1,77,390/- against account No.3000091960 were adjusted and the bill was sent after clubbing both the accounts and disconnection order was passed.
- To prove this case Sh.Sunder Singh has tendered his affidavit, Ex.OPA and he has deposed as per the complaint.Ex.C1 is resolution.
- Sh.Om Parkash, SDO has tendered his affidavit, Ex.OPA and he has deposed as per the written statement. He has stated that the complainant is consumer of electric connection No. 3000091955 and there are two electric connections Nos. 3000091955 and 3000091960 at the spot. It is further stated that on 10.6.2018 raid was conducted and it was found that connection No.3000091960 was in the name of Bhai Ram Kishan, Sherean Wala Gate, Inside Darbar Sahib but the electricity was being supplied from electricity connection No. 3000091955 in the name of Mohini Mahant, installed for langar hall. Checking history is Ex.OP1 and bill was sent after clubbing both the bills. In Ex.OP1, it is mentioned that one connection No.300001960 is in the name of Bhai Ram Kishan Sheran Wala Gate of Darbar Sahib and that another connection No.3000091955 is installed in the name of Mohini Mahant and the electricity was being taken from account No. 3000091955. Ex.OP2 is letter written by Assistant Executive Engineer regarding adjustment of amount. Ex.OP3 is disconnection order.Ex.OP4 is also disconnection order of the meter in question, Ex.OP5 is total amount of the bill,Ex.OP6 is total amount of the bill.
- The present case is with regard to the theft of electricity and this Consumer Commission has no jurisdiction to deal with theft cases, as it is clearly mentioned in Ex.OP1 that there was electric connection 300001960 at the spot and another electric connection was 3000091955 and from this meter electricity was being used. So it is clear that there were two electric connections at the spot and from one meter the supply to another connection was being supplied. So it is clear that theft was being committed. Hence this Commission has no jurisdiction and the complaint is dismissed accordingly. Parties are to bear their own costs.
ANNOUNCED DATED:2.9.2021 Dr.Harman Shergill Sullar Jasjit Singh Bhinder Member President | |
