Punjab

Nawanshahr

CC/62/2019

Teg Bahadur Singh - Complainant(s)

Versus

PSPCL - Opp.Party(s)

PS Bakshi

09 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES   REDRESSAL FORUM, SHAHEED BHAGAT SINGH NAGAR

Consumer Complaint No.   62 of 10.07.2019

                                                  Date of Decision            :  09.10.2019

 

Teg Bahadur Singh Bakshi s/o late Sh. Jaswant Singh Bakshi, r/o House No.B/3/75, Mohalla Bhuchran, Tehsil Nawanshahr, District SBS Nagar.

….. Complainant

Versus

 

1.       Punjab State Power Corporation Limited, The Mall Patiala, through its Chairman.

2.       The Superintending Engineer, The Punjab State Power Corporation Ltd., Circle Shaheed Bhagat Singh Nagar, Shaheed Bhagat Singh Nagar.

3.       The Executive Engineer, The Punjab State Power Corp. Ltd. Division Nawashahr, District SBS Nagar.

4.       The Sub Divisional Office/Assistant Executive Engineer, The Punjab State Power Corp. Ltd., Sub Division Nawanshahr,  District SBS Nagar.

 

…Opposite parties

 

(Complaint U/s 12 of the Consumer Protection Act, 1986)

 

 

QUORUM:

 

SH.KULJIT SINGH, PRESIDENT

SH.KANWALJEET SINGH, MEMBER.

COUNSEL FOR THE PARTIES:

 

For complainant            :         Sh.P.S Bakshi, Advocate

For OPs no.1 to 4          :         Sh. S.S Garcha, Advocate

 

Per KULJIT SINGH, PRESIDENT

 

 

1.                 The present complaint has been filed by complainant under Section 12 of the Consumer Protection Act, 1986 against OPs on the averments that  the electric meter was installed in the name of late Sh.Jaswant Singh son of Balak Singh, who died on 24.12.2001 and complainant is legal heir of Jaswant Singh. He regularly using the electricity and paid electricity bills of the above said electric connection. The above meter bearing A/c No.3000413293 installed at the house of complainant at House no.B/3/75 Mohalla Bhuchran, Tehsil & District Nawanshar. The meter in connection is domestic and average bills for two month consumption of electricity range between Rs.3000/- to Rs.4500/- during winter season and Rs.12000/- per month in summer season. The property is divided into two portions having separate electric connections. On the ground floor of the house, complainant residing with his family and using electricity and on the first floor which is in possession of brother of the complainant namely Ajit Singh, which is having separate electricity connection bearing A/c No.3000413439. Electric connection  in question used to  be checked by the meter reader and same used to be found in running condition, wherein status of the meter used to be recorded OK.  He never tempered with the meter seal or with the meter equipment and paid the electricity bills regularly. In the month of August 2018, as per policy of PSPCL electric MACHENACIAL meters are replace by ELECTRONIC meters.  The electric meter of the complainant was also replaced by PSPCL at that time. In the month of July 2018, he received electric bill of Rs.4351/- which was paid by complainant in time. After replacing of electric mechanical meter by electronic meter bill of the complainant raised in multiples and on 26.09.2018 he received a bill of Rs.28,300/-for consumption of 3250 units of electricity. The complainant shocked to see suddenly raised electricity bill and contacted official of PSPCL to know the reason after replacing the electric meter.  OPs did not give any satisfy reply. He approached office of OPs many times in this regard but of no use. On 01.10.2018, he filed an application to SDO City office at Garshankar Road Nawanshahr regarding raising of electricity bill and for checking of the electricity meter. On receipt of this application, officials of OPs assured him that they will visit their house within 2-3 days but no one from PSPCL visited the house of the complainant.  On  12.11.2018,  he again visited the office of PSPCL. Official of OPs asked him to pay Rs.4351/- after due date and have to pay Rs.360/- as penalty for the same. However, he paid said bill with late payment charges. In the mean time,  he again got a new bill dated 27.11.2018 from PSPCL of Rs.31,440/-.  On 17.12.2018 he again visited the office of OPs and inquired about his complaint dated 1.10.2018. On  17.12.2018, officials of OPs asked him to deposit Rs.15,000/-and he deposited the same but nobody visit his house from officials of OPs. In the month of January 2019, officials of PSPCL changed the electric meter with new one and take away old meter for sending the same to ME Lab Goraya for testing and assured him that they will get report of the same within one month, but OPs have not given any receipt or obtained signature of the complainant at the time of replacing the electricity meter in the month of January 2019. In the meantime, he received different bills of electricity consumptions for next months, which were less than Rs.4500/- for two months of consumption of electricity. He received  report of meter testing on 27.06.2019 and shocked to know that official of OPs send his meter for testing on 16.05.2019 after five month of changing old meter with new one and directed to pay bill of Rs.38,710/- .  The officials of OPs have started threatening to recover the said illegal demand of Rs.38,710/- from him under threat of disconnection of his electric connection forcibly and illegally. The demand raised by OPs being wholly illegal and he is not liable to pay the same. Therefore, he filed the present complaint and prayed that the OPs be directed to quash the illegal demand of Rs.38,710/- raised illegally and not to disconnect the electric meter connection bearing A/c no.3000413293 installed at his house, besides to pay Rs. 1 lac as compensation for mental harassment.

2.                 Upon notice, OPs appeared and filed written reply and contested the complaint of the complainant by raising preliminary objections that complaint is not maintainable. The complainant has got no cause of action to file the present complaint. The complainant has suppressed the material facts from the Forum. On merits, it was denied that complainant challenged the meter bearing A/c no.3000413293 on 12.11.2018 . Old meter was changed, vide MCO No.1000069596 on 19.11.2018. Old meter was packed in the presence of complainant and complainant signed MCO and gave written consent/NOC to OPs to check the meter in his absence. Meter in question was checked in the presence of XEN Enforcement Wing Nawanshahr AE ME Lab Goraya and AE City PSPCL Nawanshahr, JE Jaswinder Singh. During checking, meter was found OK, vide store challan no.159 dated 16.05.2019.  Bill issued to complainant is correct and is as per actual consumption of electricity. Rest of the averments were denied by OPs and they prayed for dismissal of the complaint.

3.                The complainant has tendered in evidence his affidavit Ex.CW-1/A along with copies of documents Ex.C-1 to Ex.C-11 and closed the evidence. As against it; OPs tendered in evidence affidavit of  Parvesh Kumar Taneja SDO/AEE as Ex.OP-A along with copies of documents Ex.OP-1 to Ex.OP-5 and closed the evidence.

4.                 We have heard learned counsel for the parties and have also examined the record of the case very minutely.

5.                Evidence on the record has been examined by us with the able assistance of counsel for the parties. The complainant deposed his deposition contained in his affidavit Ex.CW-1/A on the record. He deposed that OPs wrongly issued bills date 26.09.2018 for payment of Rs.28,300/- for consumption of 3250 units of electricity. He approached OPs for justification but officials of OPs did not give any reply to him. On 01.10.2018 he filed application to SDO Nawanshahr for checking of electricity meter. On receiving application from complainant, officials of OPs assured him that they will visit their house within 2-3 days for checking of meter but no one came there.  He approached OPs many times in this regard but no satisfactory reply was given to him. The complainant  paid Rs.4351/- to OPs and also paid Rs.360/- as penalty for the same. On 27.11.2018 complainant received another bill of Rs.31,440/- .On receiving the same, complainant again visited  the office of OPs and asked them to check their meter but of no use.  The complainant received different bill for electricity consumption for next months, which were less than Rs.4500/- for two months of consumption of electricity. He was utter shocked to know that officials of OPs send his meter for testing on 16.05.2019 after five months of changing old meter with new one and direction to pay Rs.38,710/-. He further alleged that officials of OPs have started threatening to recover the illegal demand of Rs.38,170/-from him under threat of disconnection of electric connection. Ex.C-1 is letter addressed to SDO PSPCL by complainant regarding excess bill of Rs.28,300/- after changing of electric meter in the month of August. Ex.C-2 is show cause notice vide memo no.1091 dated 21.06.2019 for short assessment. Ex.C-3 is bill dated 26.09.2018 for payment of Rs.28300/- for consumption of 3250 units. Ex.C-4 is bill dated 26.05.2018 for payment of Rs.11360/-.Ex.C-6 is bill dated 27.11.2016 for payment of Rs.31,440/-. Ex.C-9 is bill dated 24.05.2019 for payment of Rs.1170/-. Ex.C-11 is bill for payment of Rs.38360/- . Ex.C-11 is Aaddhar card of complainant.

6.                To refute this evidence of the complainant, OPs relied upon affidavit of Parvesh Kumar Taneja  SDO/AAE Nawanshahr as Ex.OP-A on the record. This witness stated that Old meter was changed, vide MCO No.1000069596 on 19.11.2018. Old meter was packed in the presence of complainant and signed MCO and gave written consent/NOC to OPs to check the meter in his absence. Meter in question was checked in the presence of XEN Enforcement Wing Nawanshahr AE ME Lab Goraya and AE City PSPCL Nawanshahr, JE Jaswinder Singh. During checking, meter was found OK, vide store challan no.159 dated 16.05.2019.  Bill issued to complainant is correct and as per actual consumption of electricity. Ex.OP-1 is copy of challan no.159 dated 16.05.2019. Ex.OP-2 is copy of order for device replacement. Ex.OP-3 is letter regarding checking of electric meter. Ex.OP-4 is order no.171 dated 24.07.2019.  Ex.OP-5 is show cause notice vide memo no. 1091 dated 21.06.2019 regarding depositing of Rs.38710/-.

7.                From perusal of entire evidence on the record and hearing respective pleadings of the parties, we find that it is an established fact that a domestic electricity connection bearing A/c No.3000413293 issued to complainant and OPs issued electricity bills to complainant from time to time and complainant deposited the bills issued to him regularly. The complainant alleged in his complaint that earlier OPs issued electricity bills to him as per his actual consumption and average bills for two months consumption of electricity range between Rs.3000/- to Rs.4000/- during winter season and Rs.12000/- per month in summer season. In the month of July 2018, complainant received electric bill of Rs.4351/- which was paid by him in time. But after replacing the electric mechanical meter by electronic meter and bill raised in multiples and on 26.09.2018 he received a bill of Rs.28,300/- for consumption of 3250 units of electricity.  On 12.11.2018 he again visited the office of OPs in this regard. At that time, officials of OPs asked him to deposit Rs.4351/- and further asked him to pay extra Rs.360/- as penalty for the same. In the meantime, he again got a new bill dated 27.11.2018 from PSPCL of Rs.31,440/-. On 17.12.2018 he again visited the office of PSPCL and inquire about his complaint dated 1.10.2018. On 17.12.2018, official of OPs asked him to deposit Rs.15,000/-. He received a report of meter testing on 27.06.2019 and shocked to know that officials of OPs send his meter for testing on 16.05.2019 after five months of changing the old meter with new one and directing to pay bill of Rs.38,710/-.  The officials of OPs have started threatening to recover the said illegal demand of Rs.38,710/-forcibly and illegally. The complainant alleged that consumption of above units has not been consumed by him, therefore, he approached OPs for rectification of above said bill, but of no use. The  reading of electric meter taken by employees of OPs wrongly and due to this consumption of units increased suddenly, this shows something wrong on the part of OPs.

8.                OPs pleaded in their written statement that electricity bill was sent to complainant as per consumption of the complainant. OPs further pleaded that old Meter was packed, sealed and sent to ME Lab Goraya in the presence of complainant and he signed the MCO report and secondly they stated that he gave written consent/NOC to OPs to check the meter in his absence. Therefore, in the pleadings of the OPs, there are some contradictory view taken by them. The complainant approached OPs many times for rectification of bills, which have been issued to him wrongly due to defective meter. In the month of August 2018, as per policy of OPs, electric mechanical meters are replaced by electronic meters. However in the month of July 2018,   he received electric bill of Rs.4351/-  which was paid by him in time. But after replacing of electric mechanical meter by electronic meter is raised in multiplies and on 26.09.2018 he received a bill of Rs.28300/- for consumption of 3250 units of electricity, which is illegal and against the rules and regulations of PSPCL. On 27.11.2018 he again received  a bill of Rs.31,440/-. Further official of OPs started threatening to recover the said illegal demand of Rs.38,710/- from complainant under threat of disconnection of electric connection, which is also clear cut deficiency in service on the part of OPs and this is against the rules and regulations of PSPCL & Electricity Supply Instruction Manual. This is impossible that after changing  of electric mechanical meter to electronic meter, the bill is high. In the winter season the range of electricity meter is Rs.3000/- to Rs.4500/- and in summer season range of bill is Rs.12000/- per month. But the bills issued to him wrongly and on incorrect consumption, which has not consumed by him.

9.                In view of above facts and circumstances of the case, we allow the complaint of the complainant and      OPs are directed to set aside the impugned demand of Rs.38,710/- illegally raised by them vide memo no.1091 dated 21.06.2019 and OPs are further directed to issue fresh bills to the complainant after taking average consumption of the last year of the same months. Opposite parties are also directed to adjust the amount already deposited by the complainant being 50% of the disputed bill amount i.e. Rs.38,710/- raised vide memo no.1091 dated 21.06.2019, as per order dated 10.07.2019 passed by this Forum. The complainant is also entitled to Rs.1000/- as compensation for mental tension and harassment and Rs.500/- as cost of litigation.

10.              The compliance of above said be made by the OPs within a period of 30 days from the date of receipt copy of this order.   

11.              Let copies of the order be sent to the parties, as permissible, under the rules.

Dated: 09.10.2019

                              (Kanwajeet Singh)                (Kuljit Singh)

                                 Member                                President