Punjab

Faridkot

CC/18/82

Surjit Kaur - Complainant(s)

Versus

PSPCL - Opp.Party(s)

Ranjit Singh

15 Jul 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

                                                    C. C. No :                82 of 2018

Date of Institution :      17.05.2018

Date of Decision :        15.07.2019

 

Surjit Kaur  aged about 60 years w/o Mahant Sewa Dass Singh, r/o Street No. 5 (R), Dogar Basti, Faridkot Tehsil and 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 Mohan Singh Brar, Ld Counsel for OPs.

 

ORDER

 (Ajit Aggarwal, President)

                                                 Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986

cc no -  82 of 2018

against Punjab State Power Corporation Ltd etc/Ops seeking directions to Ops to set aside the demand of sundry charges raised vide bills dated 20.08.2017, 17.10.2017, 18.12.2017, 15.02.2017 and 18.04.2017 and for further directing them to pay Rs.50,000/-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 electric connection bearing a/c no  3000425026  has been installed outside his premises in his name and he has been paying consumption charges regularly and nothing is due towards him on account of consumption charges. Further submitted that complainant received bill dated 20.08.2017 for Rs.60,920/- in which Rs.51,956/-were charged as sundry charges without giving any detail and prior notice. On receiving the same, complainant approached Ops and requested them to correct the bill and OPs got deposited current consumption charges from him and assured to correct the said bill. Thereafter, complainant received bill dated 17.10.2017 for Rs.63,960/- in which Rs.49,754/-were charged as sundry charges. Complainant again approached OPs and requested for correction in bill, they assured to do so but did not do anything needful. After that complainant again received bills dated 18.12.2017, 15.02.2018 and 18.04.2018 for Rs.65,630/-, 68,470/- and for Rs.71,830/-respectively in which Rs.47,444/-, Rs.46,235/- and Rs.45,085/-were charged as sundry charges. it is submitted that despite repeated requests, OPs did not withdrew the said sundry charges, rather threatened him for

cc no -  82 of 2018

disconnection of his electric connection. All this amounts to deficiency in service and trade mal practice and it has caused great inconvenience, harassment and mental tension to complainant for which he has prayed for seeking directions to Ops to correct the bills dated 20.08.2017, 17.10.2017, 18.12.2017, 15.02.2018 and 18.04.2018 and also  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 22.05.2018, 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 and have denied all the allegations of complainant being wrong and incorrect and asserted that there is no deficiency in service on their part. ld Counsel for OPs averred that bill amounting to Rs.61,760/-was issued to one Smt Barjinder Kaur w/o Gurmej Singh, who submitted an application that she has purchased the house from Smt Surjit Kaur w/o Mahant Sewa Dass vide registered sale deed dated 26.03.2015 and in that house the connection bearing account no.3000425412 was installed in the name of Mahant Sewa Dass. In sale deed, it is specifically mentioned that payment for bill and arrear if any, up to the date of sale i.e26.03.2015 will be paid by vendor Surjit Kaur and thereafter, liability for further bills will be of purchaser. She

cc no -  82 of 2018

requested that amount upto 26.03.2015 should be recovered from Surjit Kaur widow of Mahant Sewa Dass. As such, outstanding amount in respect of account no.3000425412 amounting to Rs.42,551/-charged to account no.3000425026 of complainant vide Sundry Charges and Allowance Register. The amount previously charged through sundry charges has been set aside. The amount of Rs.51,956/-charged has also been set aside. Previous account of the complainant was overhauled and the amount of Rs.38,547/-plus Rs.4,000/- have been charged for the period from 27.02.2015 to 26.03.2015. It is sternly denied that answering Ops ever gave any assurance to complainant for withdrawing the amount of sundry charges. all this amount has been charged to complainant as per rules and regulations and there is no illegality in it. All the other allegations and the allegation with regard to relief sought too are denied being wrong and incorrect and it is reiterated 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 10 and closed the same.

6                                                           After availing sufficient opportunities, OPs did not conclude their evidence and suffered statement before the Forum that electricity connection bearing a/c

cc no -  82 of 2018

no.3000425412 was issued to Mahant Sewa Dass and after his death, his wife Surjit Kaur sold the house and defaulting amount of Rs.53,940/- was charged to account 3000425026 in the name of Surjit Kaur wife of Mahant Sewa Dass. Now, this amount of Rs.53,940/- has again been charged to previous account no. 3000425412  and stands withdrawn from account no.3000425026 in the name of Surjit Kaur. Total amount under dispute has been withdrawn from the account of Surjit Kaur.

7                                                          From the careful perusal of documents and evidence placed on record and after going through the arguments advanced by complainant counsel and in the light of statement suffered by Gaurav Kakkar, SDO, PSPSCL, City Sub Division, Faridkot in the presence of ld counsel for OPs, it is observed that grievance of complainant has been redressed by OPs. Hence, complaint in hand is hereby disposed off being infructuous. In peculiar circumstances of the present complaint, there are no orders to costs. Copy of order be supplied to parties free of cost. File be consigned to record room.

Announced in Open Forum

Dated : 15.07.2019                                                                              

(Param Pal Kaur)                (Ajit Aggarwal)

                                           Member                           President