Punjab

StateCommission

A/1511/2014

Vinay Maheswari - Complainant(s)

Versus

PSPCL - Opp.Party(s)

By Post

20 Jan 2015

ORDER

2^nd Additional Bench

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB

DAKSHIN MARG, SECTOR 37-A, CHANDIGARH

First Appeal No. 1511 of 2014

                                                        

                                   Date of institution: 17.11.2014    

                             Date of Decision:    20.1.2015

 

Vinay Maheswari son of Sh. Mahavir Mundra, 24-A, East Mohan Nagar, 100 ft. Road, Amritsar.

…..Appellant/Complainant

                                      Versus

Punjab State Power Corporation Limited through its Chief Manager, Director, Patiala Service through S.D.O. Sultanwind Sub Division, Amritsar.

…..Respondent/OP

First Appeal against the order dated 15.10.2014 passed by the District Consumer Disputes Redressal Forum, Amritsar.

 

Quorum:-

              Shri Gurcharan Singh Saran, Presiding Judicial Member

              Shri Jasbir Singh Gill, Member

Present:-

          For the appellant             :         None.

Gurcharan Singh Saran, Presiding Judicial Member

ORDER

The appellant/complainant (hereinafter referred as “the complainant”) has filed the present appeal against the order dated 15.10.2014 passed by the District Consumer Disputes Redressal Forum, Amritsar(hereinafter referred as “the District Forum”) in consumer complaint No.354          dated 14.5.2013 vide which the complaint filed by the complainant was partly accepted and set-aside the demand of Rs. 1,92,970/- raised by the opposite party vide memo dated 11.4.2013. However, the liberty was given to the opposite party to overhaul the account of the complainant taking the initial reading of the new three phase meter installed at the premises of the complainant as ‘055359’ instead of ‘23007’ and the parties were left to bear their own costs of the litigation.  

2.                The complaint was filed by the complainant under the Consumer Protection Act, 1986 (in short ‘the Act’) against the respondent/opposite party(hereinafter referred as ‘OP’) on the allegations that she was consumer of the OP having A/c No. SW65/0548Y under commercial category in his shop, which was being run by her to earn his livelihood with sanctioned load of 5 KW and the said load was got enhanced from 5 KW to 11 KW. After paying a sum of Rs. 12,280/- against receipt No. 19.3.2010 and three phase meter was installed. The number of the old meter was 111708 with reading 33744 and new three phase meter ‘06628035’ with reading as ‘055359’ was installed. After the change of the meter, the opposite party issued a bill dated 8/2010 demanding a sum of Rs. 1,20,850/- as arrears without giving any detail. The complainant approached the Ops to which the Ops assured to redress her grievances. In the bill issued on 30.10.2010, the said demand of Rs. 1,20,850/- was dropped. Then all of a sudden they issued a notice dated 11.4.2013 raising a demand of Rs. 1,92,970/- on the ground that the account of the complainant was overhauled as a result of which the complainant was liable to pay that amount. This demand was totally illegal. Hence, the consumer complaint was filed.

3.                The complaint was contested by the opposite party in which it was admitted that the complainant had got her load increased from 5 KW to 11 KW and new meter was installed in place of old one. On 20.3.2010, bearing No. ‘06628035’ with reading 23007, the old meter which was removed was showing the reading 33744. It has been denied that the new meter was showing the reading ‘055359’, therefore, the demand raised by the Op was illegal. The amount charged less by the opposite party was re-calculated and accordingly, the notice was issued.

4.                The parties were allowed by the learned District Forum to lead their evidence. The complainant had tendered into evidence his affidavit Ex. C-1 alongwith documents Exs. C-22 to C-13. The opposite party had tendered into evidence affidavit of Subhash Kumar  Duggal,  AAE  Ex. Op-1 alongwith documents Ex. Op-2 to Op-7.

5.                After going through the allegations in the complaint, written statement filed by the OP, evidence and documents brought on the record, the complaint of the complainant was partly allowed.

6.                In the grounds of appeal and the written arguments received by Post from the appellant. Mainly it has been argued that he had spent Rs. 40,000/- to engage the counsel to contest the litigation but no amount has been given by the District Forum on account of litigation expenses.

7.                In case we go through the order passed by the learned District Forum, they have observed that the litigation expenses cannot be given in the peculiar circumstances of the case. The peculiar circumstances of the case can be taken that the demand of the Ops has not been declared totally illegal. A plea has been taken by the Ops in the written statement that while taking the old reading of the new meter at the time of installation it was ‘23007’ whereas the complainant is referring it as ‘055359’. The direction has been given to the opposite party to overhaul the account taking the initial reading of new three phase meter, therefore, at that stage no findings can be given that the demand raised by the Op was totally illegal. In these circumstances, the learned District Forum was justified not to grant the cost of litigation. We are of the opinion that these findings are justified, therefore, on the basis of grounds of appeal and written arguments submitted by the appellant, no point is made out to admit the appeal. The same is hereby dismissed in limine.

8.                The arguments in this appeal were heard on 15.1.2015 and the order was reserved. Now the order be communicated to the parties as per rules.

 

  (Gurcharan Singh Saran)

Presiding Judicial Member

 

January 20, 2015.                                                                                                                                                             (Jasbir Singh Gill)

as                                                                                                                                                                                                 Member