Punjab

Fatehgarh Sahib

CC/55/2017

Vikas Suri - Complainant(s)

Versus

PSPCL - Opp.Party(s)

Sh. S.K Verma

21 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No. 55 of 2017

                                                     Date of institution : 14.09.2017                                                      

                                                       Date of decision    : 21.03.2018

Vikas Suri aged about 39 years son of Sh. Raghubir Suri resident of Lok Sewak Colony, Near Chungi No.4, Ward No.2, Sirhind, Tehsil and District Fatehgarh Sahib.

……..Complainant

Versus

1. Punjab State Power Corporation Limited, The Mall, Patiala, through its Chairman/Secretary.
2. Punjab State Power Corporation Limited, Division Sirhind, Tehsil and District Fatehgarh Sahib through its XEN.
3. Assistant Executive Engineer, Punjab State Power Corporation Limited, Sub Division, Sirhind, Tehsil & District Fatehgarh Sahib..

…..Opposite Parties

Complaint Under Sections 11 to 14 of the Consumer Protection Act.

Quorum

Sh. Ajit Pal Singh Rajput, President                             

Sh. Inder Jit, Member

 

Present :        Sh.Sandeep Kumar Verma, Adv.Cl. for complainant.

                      Sh. Sumit Gupta, Adv.Cl. for Opposite parties.

 

 

ORDER

 

By Inder Jit, Member

 

                      Complainant, Vikas Suri aged about 39 years son of Sh. Raghubir Suri resident of Lok Sewak Colony, Near Chungi No.4, Ward No.2, Sirhind, Tehsil and District Fatehgarh Sahib, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 11 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.           The complainant is having an electric meter bearing account No.3015027998 installed in his house. The complainant is paying all the electricity bills of the said meter regularly and there is no due pending against the complainant.  The complainant paid the last electricity bill of Rs.17,500/- on 13.07.2017 and nothing was due. The complainant was stunned and surprised when the official of the PSPCL visited the house of the complainant and tried to disconnect the electricity connection of the complainant without giving any reasonable cause and without any notice. The complainant approached OP No.3 but official of the OPs did not listen to the genuine request of the complainant.  The OPs have intentionally cooked up  a story to disconnect the said electric connection of the complainant despite the fact that there is no bill pending towards the complainant. The act and conduct of the OPs amounts to gross negligence, unfair trade practice and deficiency in service on their part. Hence, this complaint for giving directions to the OPs not to disconnect the electricity connection in question and further to pay Rs.50,000/- as compensation for mental tension, economic loss and unnecessary harassment being suffered by the complainant.
3. The complaint is contested by the OPs. In reply to the complaint, the OPs raised certain preliminary objections, inter alia, that this Forum has no jurisdiction to try the present complaint; the complainant has no legal right or cause of action to file the present complaint and the same is misuse of the process of law; the complainant is estopped by his own act and conduct to file the present complaint and the complaint is false, frivolous and vexatious. As regards the facts of the complaint, the OPs stated that the complainant fails to pay the electricity bills regularly. No official of the OPs had gone to disconnect the electric connection in question. If any complainant fails to pay the consumption charges or becomes defaulter in any terms, then the proper procedure is followed by the OPs for disconnection. In case complainant fails to pay the electricity consumption charges, then there is no need of giving separate notice for the disconnection. It is further stated that when the officials of the OPs had not gone to disconnect the electric connection then the question of cooked up a story does not arise at all. There is no deficiency in service on the part of the OPs. After denying the other averments made in the complaint, OPs prayed for dismissal of the complaint.
4. In order to prove his case the complainant tendered in evidence his affidavit Ex. C-1, true copy of Aadhar Card Ex. C-2, true copy of bill and receipt Ex. C-3 and closed the evidence. In rebuttal the OPs tendered in evidence affidavit of Er. Avtar Singh, SDO, Ex. OP-1 and closed the evidence.
5. Ld. counsel for the complainant stated that the complainant has been paying the electricity consumption charges regularly to the electricity department and never defaulted with regard to any payment. Inspite of this fact, the OPs tried to disconnect the supply of electricity to the complainant without any notice, which is legally unbecoming on the part of the department. However, in the end, the Ld. counsel stated at Bar that the complainant has fulfilled the legal demand of the OPs and hence complaint may be disposed off.
6. On the other hand, the Ld. counsel for the OPs stated that in case of any default or non-payment of electricity consumption charges, the department is at liberty to disconnect the supply of electricity under the rules of the department. However, he also pleaded at Bar that the complaint may be disposed off as the complainant has fulfilled the legal demands of the department.
7. In view of the above and the statements of the counsels for both the parties at Bar, during oral submissions, we dispose of the present complaint with directions to the OPs to strictly follow the law of the land/instructions while going ahead with disconnection of the electricity power to the complainant/consumers.
8. The arguments on the complaint were heard on 13.03.2018 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated:21.03.2018

(A.P.S.Rajput)    

           President

 

(Inder Jit)        

     Member