BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.531 of 2019

      Date of Instt. 05.11.2019

      Date of Decision: 31.10.2023

Ashish Arora aged 39 years son of Vijay Arora resident of House No.WP-119, Near Guru Nanak Park, Basti Sheikh, Basti Guzan, Jalandhar.

..........Complainant

Versus

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

2.       Punjab State Power Corporation Ltd., through Assistant           Executive Engineer Model Town, Commercial Sub Div No.5,    Jalandhar.

 3.      Punjab State Power Corporation Ltd. Model Town, Commercial       Sub Div No.5, Jalandhar.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:         Dr. Harveen Bhardwaj            (President)

                   Sh. Jaswant Singh Dhillon       (Member)

Present:       Sh. Kapil Sehgal, Adv. Counsel for the Complainant.

                   Sh. SKS Chhabra, Adv. Counsel for OPs.

Order

Dr. Harveen Bhardwaj (President)

1.                This complaint has been filed by the complainant, wherein alleged that the complainant is tenant of Jyoti who is owner of the said premises and rent agreement entered between the complainant and the said owner. The complainant is the actual consumer of electricity meter bearing account no.3001376751 installed in the premises/House no.WP-119, Near Guru Nanak Park, Basti Sheikh, Jalandhar. The complainant Basti Guzan, being its actual consumer paid the electricity bills regularly as per consumption which was about Rs.2000/- to Rs.4000/-. In the year 2014 the electric meter was suddenly jumped and electricity meter was challenged by the complainant on 22.11.2014 vide receipt no.268 of Rs.120/- but till date neither any action has been taken by the opposite parties nor provided any meter challenge report to the complainant. The complainant came to the office of OPs and requested them to provide the meter challenge report and correct the bill but the OPs failed to provide the report and correct the Bill. The complainant also requested the OPs that he is a poor man and is unable to pay the illegal charges of electricity as he is living in 4 marla house on rent and total load of meter is 0.68 kw. Whereas a small family i.e. complainant alongwith his family are residing in the said property. Thereafter the complainant paid the same amount of the electricity bills but no receipt has been issued by the OPs. Thereafter, the complainant again requested the OPs to issue the correct electricity bill to the complainant but the OPs neither check the electricity meter nor issued the correct electricity bill as per correct consumption nor resolve the problem in the said electricity meter. On 23.10.2019 the complainant receive one electricity bill of Rs.1,83,710/-, after receiving the said bill the complainant was shocked that his family is very small and why the excessive bills have been issued by the OPs again and again. The complainant again visited the office of OPs and requested them to issue correct bill but the OPs refused to give the report of challenge meter and to issue the correct bill. The disputed amount of Rs.1,83,710/- being excessive as the complainant is not liable to pay the same, the act of the OPs in charging the impugned amount of connection No.3001376751 is liable to be set aside by this forum on the following grounds:-

i)                 That the complainant is not in arrear of any huge amount with the opposite parties. No amount can be charged by the OPs for the said period for their own fault.

ii)                That the demand is otherwise illegal, wrong, in-correct and was not accordance with the circulars and law of electricity.

                   The complainant is regularly paying the electricity charges of his actual consumption. The OPs have acted negligently and have resorted to unfair trade practices while performing their duties towards the complainant, who is the consumer of the OPs and in pursuance of that issued a bill for the excessive amount of Rs.1,83,710/- which is not liable to be paid by the complainant. The complainant approached the authorities of the OPs for the correction of the bill amount but could not get any satisfactory reply and response and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to waive of the amount of Rs.1,83,710/- claimed in the bill. Further, OPs be directed to pay a compensation of Rs.2,00,000/- alongwith interest @ 18% per annum for causing mental tension and harassment to the complainant.

2.                Notice of the complaint was sent to the OPs, who filed joint written reply and contested the complaint by taking preliminary objections that the       the complaint filed by the complainant is false, frivolous and vexatious to the knowledge of the complainant and has been filed by the complainant just to harass the answering OP. It is further averred that the complaint filed by the complainant is bad mis-joinder and non-joinder of the necessary parties. Smt. Jyoti, actual consumer of the electric connection bearing no:3001376751 is the necessary party, but the complainant intentionally and deliberately not impleaded her as party, as such, the complaint filed by the complainant is liable to be dismissed. It is further averred that the complainant not approached the court with the clean hands and intentionally and deliberately concealed the material facts from this Forum. Due to the starting of the then SAP System the Bills from the period of May 2014 upto Aug 2015 was sent to the consumer on the "Average Basis". It is worthwhile to mention that in the year 2015 the sum of Rs.81430/- was due and outstanding towards the consumer. In the month of January 2015 the new meter was installed at the spot. After the installation of the new meter from Aug 2015 to June 2017 there was consumption of 14772 units as such the bill of Rs.1,05,321/- was generated, which includes outstanding amount of the previous bills, surcharge and Penalties etc. It is worthwhile to mention here that the consumer intentionally and deliberately not make the full payments of the Previous & subsequent bills. It is pertinent to mention here that the cheque given by the consumer on March 2016 of Rs.34500/- as part payment of the outstanding amount was dis-honoured by the Bank. After that the consumer never made any payment of the outstanding amount as well as the subsequent bills upto March 2017. In-spite of several requests and reminders of the OPs, the consumer made the payment of Rs.15000/- only through cheque, which was also dis-honoured on March 2017. The consumer only made payment of Rs.8000/- in April 2017 & Rs.10,000/- in the month of August 2017. After that till today the consumer not made the payment of single penny towards the outstanding bills of the electricity consumed by the consumers. Now a sum of Rs.1,85,814/- calculated upto 11/12/2019 is due and outstanding towards the consumer. It is matter of high handiness on behalf of the consumer that the consumer is using the excess load than the sanctioned load. As per the Load Checking Register, bearing Book no:54-A and serial no:37 dated 14/12/2019, prepared at the spot the consumer has installed 20 Lamps, B Fans, 18 Plugs, One window A.C. (1.5 Tone)i.e. equaling to 2.380 K.W, whereas the sanctioned load of the consumer is 0.680KW only. Due to the excess load used by the consumer in the month September 2019 the defect was created in the meter bearing no:970900 installed in the premises of the consumer, as such now the new meter bearing no:755764 was again installed on November 2019. Due to the illegal acts and non payments of the outstanding amount of bills, the ‘State Exchequer’ is suffering huge monetary loss (Public Money). It is further averred that no cause of action arose to the complainant against the answering OPs rather cause of action arisen to the answering OPs against the complainant for dragging the answering opposite parties in the false, frivolous and unwanted litigation. It is further averred that the complaint filed by the complainant is not legally maintainable in the present forum. It is pertinent to mention here that at the spot the new meter bearing no:755764 is operational at the spot. The present complaint has been filed by the consumer, before this Forum with the sole motive, just to put pressure on the OPs, so that the answering OPs will not make the recovery of the outstanding aforesaid amount, which is public money. It is further averred that the complainant has suppressed material facts from this Forum and the complaint is liable to be dismissed on this short ground alone. Even the complainant is stopped by his act, conduct, admission and omission from filing the present complaint. Hence the complainant is liable to be dismissed, with heavy costs. It is further averred that this Forum is having no jurisdiction to try and entertain the present case. The allegations leveled in the complainant needs details adjudication by leading oral and documentary evidence. There is no deficiency of service on the part of the OPs. It is further averred that the complainant is having no locus-standi to file the present complaint. The complainant is neither recorded as consumer in the official record of the answering opposite parties. According to official record Smt. Jyoti is recorded as the consumer of the electric connection as mentioned in the complaint. But the complainant intentionally and deliberately not impleaded her as party in the case. On merits, the factum with regard to

3.                Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.

4.       The parties have led evidence in support of their respective versions by way of affidavits and documents.

5.                We have heard the learned counsel for the parties, carefully gone through the complaint and evidence and documents brought on the record by the parties.

6.                The complainant has alleged that he is the tenant of Jyoti in the premises and is consumer of electricity meter bearing account No.3001376751. He has alleged that being the consumer, he has paid the electricity bills regularly. The electricity meter was challenged by him on 22.11.2014, but till date, no action has been taken by the OP to correct the bill. He has alleged that he has made representations and approached OPs number of times to correct the bill, but the bill has not been corrected rather on 23.10.2019, he received electricity bill of Rs.1,83,710/-, which is wrong, illegal as he has never been in arrears of any amount. He has alleged unfair trade practice and deficiency in service and negligence on the part of the OPs and has requested to waive of the impugned bill issued by the OPs.

7.                The OP has alleged that the bills to the complainant were issued on average basis from May, 2014 upto August, 2015. In January, 2015, new meter was installed, but the complainant has not made the payments of the bills. He had issued two cheques for Rs.34,500/- and Rs.15,000/-, but both these cheques were dis-honoured. The complainant is using the excess load than the sanctioned load. The bills were rightly issued.

8.                The complainant has alleged that the meter was challenged in the year 2014 and he is tenant in the premises. The rent agreement Ex.C-1 shows that the tenancy started w.e.f. 04.08.2019 for the period of 11 months under the landlord Jyoti. No rent agreement or any document has been produced on record to show that he was tenant under Jyoti. No document relating to tenancy in the year 2014 has been filed on record by the complainant. Even if he is considered to be user of electricity meter, he has simply produced on record the bills Ex.C-4 to Ex.C-24. All these are the bills only. No receipt has been produced on record by the complainant to show that he has ever deposited the bill amount during all these years. The meter reading has been proved on record by the OPs Ex.OP6/F. The document Ex.OP7/G shows the payment made by the complainant and this shows that he has made the payment upto 01.04.2014. Thereafter, he did not make the payment of electricity. Ex.OP-5/E is the bill generated and bill payment history which shows that he has made the payment in installments and small payment towards the bills issued by the OP. The cheques issued by the complainant have been dishonoured. The current balance has also been shown by the OP in this document. Ex.OP-3/C and Ex.OP4/D and Ex.OP2/B shows that there was a overloading use of the electricity than the sanctioned load. The complainant has not made the payment of electricity used by him. No consent of the landlord is there to supply or restore the electricity meter connection nor any rent deed has been produced by the complainant before OP, as is required, therefore, there is no deficiency in service on the part of the OPs and accordingly, the complaint of the complainant is without merits, and thus, the same is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.

9.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                             Jaswant Singh Dhillon           Dr. Harveen Bhardwaj     

31.10.2023                    Member                                 President