Punjab

Fatehgarh Sahib

CC/36/2015

Parmodh kumar - Complainant(s)

Versus

PSPCLtd - Opp.Party(s)

SH BB Sharma

02 May 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                      Consumer Complaint No.36 of 2015

                                                            Date of institution:  06.04.2015             

                                                                 Date of decision  :   02.05.2016

Parmodh Kumar, son of Sh. Roop Chand resident of village Sangatpur Sodhian, Tehsil and District Fatehgarh Sahib.

……..Complainant

Versus

 

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

2. Sub Divisional Officer/Assistant Executive Engineer, Punjab State Power Corporation Ltd., Sub Urban Division, Sirhind, Tehsil and District Fatehgarh Sahib.
3. X.E.N., Punjab State Power Corporation Ltd., Sirhind, Tehsil and District Fatehgarh Sahib.

  …..Opposite Parties

Complaint under Sections 11 to 14 of the Consumer Protection Act

Quorum

Sh. Ajit Pal Singh Rajput, President                                       Smt. Veena Chahal, Member                                                   Sh. Amar Bhushan Aggarwal, Member

Present :        Sh. Bharat Bhushan Sharma, Adv. Cl. for the complainant                         Sh.Sumit Gupta, Adv. Cl. for the OPs.

 

ORDER

Ajit Pal Singh Rajput, President

                      Complainant Parmodh Kumar, son of Sh. Roop Chand resident of village Sangatpur Sodhian, 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 a domestic electric connection bearing account No.K52KP-710688A, which is running in his name at his residential house. The complainant is regularly paying the electricity charges regarding the consumption of the electricity to the OPs and never became a defaulter of the OPs. Previously the OPs issued a bill dated 20.02.2014 for the sum of Rs.41,200/-, in which consumption of 5632 units were shown.  The complainant never consumed so many units as mentioned in the said bill and the same is shown due to the fault of the meter. The complainant lodged a complaint with the OPs and OPs assured that they will check the meter and advised the complainant to challenge the meter. Then the complainant deposited a sum of Rs.120/-, vide receipt No. 155 dated 25.02.2014 with the OPs. Thereafter the OPs removed the old meter, which is placed outside the house of the complainant in a box maintained by the OPs, and installed a new meter in the absence of complainant and his family members and without informing the complainant.  Thereafter, the OPs used to send the wrong bills even after installing the new meter and every time on the request of the complainant OPs used to deposit the amount as per consumption of the electricity. The complainant also take the consumption data for the year 2012,2013 and 2014 from the OPs which shows the consumption of the electricity and the status of consumed units on dated 18.02.2014 is wrongly showing 5632 units due to the fault of the meter. The average consumption of the electricity is very much less than the consumption dated 18.02.2014. It is further stated that the OPs never called the complainant at the time of alleged checking of the old meter in the M.E. Lab. Thereafter the OPs sent bill dated 17.02.2015 for total amount of Rs.44,070/- in which Rs. 43,381/- were added as arrears.  The complainant so many times visited the office of the OPs and requested to deduct the amount of Rs.43,381/- added as arrears in the bill dated 17.02.2015 but the OPs did not listen to the genuine requests of the complainant and totally refused to admit the claim of the complainant. Hence this complaint for direction to the OPs to deduct the illegal amount of Rs.43,381/- added as arrears and further to pay Rs.60,000/- to the complainant as damages/compensation for mental agony and harassment suffered by the complainant at the hands of the OPs.

3.                   The complaint is contested by the opposite parties, who filed joint written reply. In reply to the complaint the opposite parties raised certain preliminary objections, inter alia, that the present complaint is not maintainable in the present form, as the complainant has not come to the Court with clean hands; this forum has no jurisdiction to try and decide the present complaint as the same is barred as per Section 145 & 154 of the Electricity Act 2003; the complainant has concealed the true and material facts from this Forum; the complainant has no locus standi & cause of action to file the present complaint and the present complaint is bad for mis-joinder and non-joinder of the necessary parties. As regards to the facts of the complaint the OPs stated that complainant filed an application on 25.02.2014 supported by affidavit and challenged the electric meter in question. In the application and affidavit the complainant also stated that he will abide by the report of M.E. Lab. After receiving the application and affidavit OPs changed the meter vide MCO No. 49/48199, dated 25.02.2014 as per rules  and the same meter was sent to M.E. Lab. As per report of the M.E.Lab the meter was running more than 3% fast and OPs are in process of overhauling the account of the complainant but the complainant fails to pay the consumption charges therefore the OPs disconnected the electricity connection and the same was restored as per order of this Forum. The OPs stated that they sent the bills as per consumption of the electricity and as per rules. After denying the other averments made in the complaint, they prayed for dismissal of the complaint.

4.                   In order to prove the case, the complainant tendered his affidavit Ex.C-1, attested copy of bill dated 20.02.2014 as Ex. C-2, attested copy of bill dated 17.02.2015 Ex. C-3, attested copy of consumption data Ex. C-4, attested copy of receipts and bills Ex. C-5 to C-33 and closed the evidence. In rebuttal the opposite parties tendered affidavit of  Amandeep Singh Dhindsa AEE Ex. OP1/A along with true copies of documents i.e. application dated 24.09.2014 Ex. OP-1, affidavit dated 24.02.2014 Ex. OP-2, MCO dated 25.02.2014 Ex. OP-3, report of M.E. Lab Ex. OP-4, Consumption data Ex. OP-5, affidavit of Er. Jasbir Singh JE Ex. OP-6, revised consumption data Ex. OP-7 and closed the evidence.

5.                   The ld. counsel for the complainant has submitted that the OPs have in an arbitrary manner imposed the illegal demand of electricity bills. The ld. counsel further submitted that the OPs have failed to place on record any Rules and Regulations of the OPs whereby it has been stated that if the meter is found to be fast, then the penalty/interest/surcharge is to be imposed on the consumer. The ld. counsel pleaded that the as per the Rules & Manual of OPs, it was the duty of the OPs to get the disputed meter checked in the presence of the consumer and to this effect the OPs have failed to place on record any such notice or letter. He further pleaded that MCO dated 25.02.2014 i.e Ex.OP-3 does not bear the signatures of the consumer, which was mandatory. The ld. counsel argued that it established from the copy of bill dated 20.02.2014 i.e Ex.OP-2 that the OPs had been sending illegal excess bill. He also argued that it is also established from the report of M.E. Lab i.e Ex.OP-4 and affidavit of Er. Jasbir Singh JE i.e Ex.OP-6, that the meter was found running more than 3% fast and for faulty meter the consumer cannot be penalized.

6.                   On the other hand, the ld. counsel for the OPs has objected to the submissions made by the ld. counsel for the complainant and stated that the complainant is trying to mislead this Forum. He also stated that the OPs acted as per the prescribed Rules and Regulations of the OPs. The ld. counsel pleaded that the meter was found to be running fast, therefore as per the Rules and Regulations the account of the complainant was in process of overhauling. 

7.                   After hearing the Ld. Counsel for the parties and going through the pleadings, evidence produced by the parties and the oral arguments and written submissions, we are of the opinion, that it is a admitted fact that the meter was found to be fast as evident from the report of M.E. Lab i.e Ex.OP-4 and  affidavit of Er. Jasbir Singh JE i.e Ex. OP-6. It is also evident from  the bill dated 20.02.2014 i.e Ex.C-2, copy of bill dated 17.02.2015 i.e Ex.C-3, copy of consumption data i.e Ex. C-4 and copies of receipts and bills i.e Ex. C-5 to C-33 that the bill was on the excessive side due to fast running of the meter.

8.                   Accordingly in view of our aforesaid discussion, we direct that the OPs shall calculate and grant benefit to the complainant for the past three billing cycles prior to the bill dated 20.02.2014 i.e Ex. C-2, and the billing cycle in dispute shall be adjusted till the date of installing of the new meter i.e MCO dated 25.02.2014, Ex-OP-3. A fresh bill be issued, with No Late Payment/Surcharge will be charged in the said bill because of the meter being fast. In case the complainant is entitled to any refund and adjustments, the same shall also be done within 45 days.

9.                   The OPs are directed to comply with the order of this Forum within 45 days from the date of receipt of this Order. In case OPs fail to comply the same, within the stipulated period, the OPs shall be liable to pay cost of Rs.5,000/- to the complainant. The present complaint stands partly accepted.

10.                  The arguments on the complaint were heard on 29.04.2016 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: 02.05.2016

(A.P.S.Rajput)      

         President

 

                                                                               (Veena Chahal)                                             

                                                                          Member

 

(A.B.Aggarwal)      

       Member