DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 258 of 4.7.2016

                                      Decided on:         3.3.2021

Smt.Sukhwinder Kaur wife of Pala Ram, resident of village Dhabi Gujjran, Tehsil Patran, District Patiala.

                                                                   …………...Complainant

                                      Versus

1. Punjab State Power Corporation Ltd., HO, The Mall, Patiala through its M.D.
2. The Assistant Executive Engineer, PSPCL, Urban , Patran, Tehsil Patran, District Patiala.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Y.S.Matta, Member 

ARGUED BY

                                      Sh.Asheen Khan, counsel for complainant.

                                      Sh.H.S.Dhaliwal, counsel for OPs.                               

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Sukhwinder Kaur  (hereinafter referred to as the complainant) against Punjab State Power Corporation Ltd. and another(hereinafter referred to as the OP/s)
2286745.  
2. Briefly stated, the case of the complainant is that she is the holder of domestic electric connection bearing a/c No.S-17SF-451409-N installed at her house.
3. It is averred that old meter installed at her premises was not functioning properly as such on her request the same was changed and new meter was installed in the month of December,2015 but since then the meter is not showing any reading and she made complaints in this regard to the OPs. It is further averred that after replacing the old meter bill dated 13.3.2016 was sent only for 9 units but Rs.85190/- was claimed in the said bill. Complainant immediately approached the OPs for the correction of the bill. Thereafter bill dated 12.5.2016 was received by the complainant for an amount of Rs.88670/-.In the said bill amount of previous bill was also claimed. Complainant requested the OPs for the correction of the bill but all in vain and the OPs on 25.5.2016 disconnected the electricity supply to the house of the complainant. Complainant got sent legal notice dated 2.6.2016 to the OPs with the request to issue the fresh bill and not to raise the demand of the alleged amount and also to restore the electricity supply but to no effect. There is thus deficiency in service on the part of the OPs.Hence this complaint with the prayer to accept the same by giving direction to the OPs to withdraw the above said bill and to issue the fresh correct bill and also to restore the electricity supply to the house of complainant; to pay Rs.1,00,000/- as compensation for causing mental agony and harassment .

REPLY/WRITTEN STATEMENT

4. Upon notice, OPs appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that the complaint is not maintainable; that the complainant has no cause of action to file the present complaint and that the complainant has not come to the Forum with clean hands.
5. On merits, it is admitted that the complainant is holder of electricity connection in question. It is also admitted that meter of the complainant was changed due to “F” code .It is also admitted that complainant received bill dated 13.3.2016 for 9 units for an amount of Rs.85,190/-. It is submitted that the bill was sent on average basis and the current amount of the said bill was only Rs.247/- and an amount of Rs.84,948/- was added as arrears of current and previous years . It is further submitted that the complainant is defaulter in depositing the bills regularly from last many years. It is further submitted that as per the record of last 4 years i.e. January,2013 the complainant had made only three payments i.e. Rs.7100/- on 2.1.2013, Rs.45,000/- on 27.3.2015 and Rs.30,000/- on 17.9.2015. The detail of the bills sent to the complainant is as under:

Bill date               Amount                                                     Payment made

Paid on 17.9.2015

Thus, there is no deficiency in service on the part of the OPs.The OPs after denying all other averments have prayed for the dismissal of the complaint.

6. In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C5 and closed the evidence.
7. On the other hand, the ld. counsel for the OPs has tendered in evidence,Ex.OPA affidavit of Balwinder Kumar SDOalongwith documents Exs.OP1 to OP20 and closed the evidence.
8. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
9.  
9. The ld. counsel for the complainant has argued that the complainant is holder of DS electric connection which is installed at her house.The ld. counsel further argued that the old meter was not functioning properly so the new meter was  installed in the month of September/2015.The ld. counsel further argued that on 13.3.2016, the OPs issued bill of 9 units but Rs.85190/- was added. The bill is illegal, null and void. So the complaint be allowed.
10. On the other the ld. counsel for the OPs has argued that the OPs have attached all the bills to show that the complainant is defaulter in making the payment. The ld. counsel further argued that complainant has not been depositing the amount of bills regularly for many years. As per ledger of four years, she had made only three payments. The ld. counsel further argued that all the amount have been accumulated and the same is proved on the file. As such there is no illegality on the part of the OPs in sending the bills, so complaint be dismissed.
11. To prove her case, Sukhwinder  Kaur has tendered her affidavit,Ex.CA and she has deposed as per the complaint.Ex.C1 is the bill for Rs.88670/-, Ex.C2 is bill for Rs.85190/-, Ex.C3 is legal notice,Exs.C4 &C5 are receipts.
12. On the other hand Sh.Balwinder Kumar, SDO has tendered his affidavit, Ex.OPA and he has deposed as per the statement alongwith all the documents.
13. Ex.OP1 is the ledger of the bills ,Ex.OP2 is another bill of  Sukhwinder Kaur of 14.12.2012,Ex.OP3 is bill  dated 1.6.2013 of Sukhwinder Kaur. The total amount is Rs.18,925/-.Ex.OP4 is also bill dated 4.10.2013 of Sukhwinder Kaur. Similarly Ex.OP5 to Ex.OP20 are the entire bills of Sukhwinder Kaur. These documents clearly show that Sukhwinder Kaur has not been depositing the payment of bills in time. As per the OPs the complainant has made only three payments i.e. Rs.7100/- on 2.1.2013, Rs.45000/- on 27.3.2015 and Rs.30,000/- on 17.9.2015
14. The bill for the month of January/2013 was sent for Rs.10,880/-including arrears of Rs.6987/-.Similarly bill for the month of May,2013 was sent for Rs.18460/- including arrears of Rs.13246/-, bill for the month of September 2013 was sent for Rs.45085/-including arrears of Rs.21,132/-but the complainant did not pay the bill. Similarly bill for the month of January,2014 was sent for Rs.59,185/-including arrears of Rs.52,242/-but the complainant did not pay the bill.The bill for the month of March/2014 was sent for Rs.65,395/- incljding arrears of Rs.59,185/-, bill for the month of May,2014 was sent for Rs.72,058/- including arrears of Rs.65,395/- but the complainant has not paid anything. Bill for the month of Julyt,2014 was sent for Rs.84396/-including arrears of Rs.72,068/-. Bill for the month of January,2015 was sent to the complainant for Rs.1,10,427/-including arrears of Rs.1,04,631/-, bill for the month of March/2015 was sent for Rs.1,17,127/- including arrears of Rs.1,10,427 but the complainant has paid only Rs.45000/-on 27.3.2015. So it is clear that complainant is defaulter in making the payment of the bills and in the month of January/2016 the OPs sent bill for the amount of Rs.84948/-  by adding arrears of Rs. 78459/-.Again in the month of May/2016, the OPs sent bill for the amount of Rs.88720/- adding arrears of Rs.85195/-. All these electricity bills are Exs.OP2 to OP20.So from the written statement and the documents on the file, it is clear that the complainant is defaulter of PSPCL as she is consuming the electricity but she is not depositing the electricity bills. Vide order dated 12.7.2016 passed by the then Ld. Present, the complainant was directed to deposit 1 3^rd of the total amount.
15. So due to our above discussion and detail of bills, Exs.OP2 to OP20, the complainant is a defaulter and she has not paid the bill in question. So there is no illegality in the impugned bill dated 12.5.2016 for Rs.88670/-.As such the complaint is without merit and is dismissed accordingly. Parties are left to bear their own costs.The complainant is directed to deposit the amount of the bill in question in four equal installments.         

ANNOUNCED

DATED:3.3.2021         

                                              Y.S.Matta                           Jasjit Singh Bhinder

                                               Member                                     President