Punjab

Fatehgarh Sahib

RBT/CC/108/2018

Rup Chand Bhardwaj - Complainant(s)

Versus

Punjab State Electricity Board (PSEB) - Opp.Party(s)

In person

13 May 2022

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATHGARH  SAHIB.

                                                             RBT/ No

                                                             Complaint Case No: 108 of 2018

      Date of Institution: 22.01.2018

      Date of Decision: 13.05.2022

Rup Chand Bhardwaj H. No.715-A, MIG Super, Phase XI (Sector 65), Mohali .

...........Complainant

Vs.

Punjab State Electricity Board (PSEB), Mohali, through its Sub Divisional Officer, P.S.E.B, Industrial Area , Phase 1, Mohali.

                                                                 .............Opposite Party

Complaint Under Section 12 of Consumer Protection Act 1986(Old)

Quorum

Sh.Pushvinder  Singh, President

Ms.Shivani Bhargava, Member

 Sh.Manjit Singh Bhinder, Member

 Present: Sh. C.S.Dahar, Advocate counsel for                                                                                                 the complainant (through VC)

Sh. Ashwani Sharma, , Advocate, counsel for OP. (through VC)  

ORDER

By Pushvinder  Singh, President

 

                      The present complaint has been filed under, by the complainant against the Opposite Party (hereinafter referred as “OP” for short) Under Section 12 of the Consumer Protection Act 1986(Old).

 2.                   In this complaint, Rup Chand Bhardwaj , Complainant stated that  the  complainant had applied for a new Electricity connection  to the OP on 20.8.2014. Employee of OP, on 20.9.2014, in absence of the complainant, fixed an electricity meter at wrong place where wire of the booth was not available and fixed seal on it and cable used was not according to the load and connection was not with the proper supply line. On 24.09.2014, the complainant reported the said defects to OP vide his letter dated 24.09.2014 and requested to remove the defects urgently.  The OP again visited the booth  and  removed and refixed the  electricity meter at proper place,  but the cable for connection found short.  They  attached a piece of old cable and connected it with  supply line at roof  of booth no.14-15 , but its function was not proper, so the employee of OP left the site  without fixing seal on the meter which  is still  as it was. In the mean time,  the complainant has to face a very serious family problem due to which he could not approach the OP and also neither could start any  business in the said booth nor  could give it on lease/rent for want of electricity supply. On  19.11.2016 the complainant received telephone call from the  Department  that an electricity bill of both  no.19, Sector 71, Mohalli more than Rs.20,000/- is pending  payment . On 21.11.2016, the complainant first visited the booth  to check the meter box to find out, if such  bill is available there as he has been informed and that meter is sealed but he found that there was no bill  and meter was also un-sealed.  The complainant approached the OP and checked the position with the dealing officer who supplied a bill for Rs.22,040/- of dated 15.11.2016. It was  surprising for the complainant that how such big bill has been raised when the meter is dead consumption /meter reading is 4 units which was on  the date of its installation.  It meant that  the meter was dead from the dates of its installation otherwise there must be some consumption beyond 4 units by leakage etc. from the meter. The OP was raising bill regularly and putting it in the meter box and last bill dated 17.11.2017 is of amount Rs.33,743/- The complainant reported the defects in electricity connection given by OP to his booth  no.19 , vide his  letter dated 5.12.2016 and requested to  remove the defects pointed out and the amount of bills raised against “NIL”. Consumption may be waived , which is not justified.  On non-response from OP, the complainant given a final notice to OP on  19.7.2017 but the OP has not given any reply to the said final notice. The OP fixed the electricity meter in booth no.19, Sector 71, Mohali and  left it in defective condition while it is statutory obligation on  him to check the function of the meter and condition of electricity supply, but OP not visited the meter up  to 19.11.2016  and raised the bills by sitting in his office. OP has failed to fulfill the statutory obligations. Hence, this complaint filed for giving directions to the OPs to use proper single piece cable for Electricity connection  and to given power connection from the pole available in front of the booth. If line is not there, the present line may be shifted accordingly  and pass order to waive the amount Rs.33,743/- of bills raised against “NIL” consumption and stop to raise such bills till the all defects are removed by  OP and grant suitable compensation for loss of  Rent Rs.20,000/- per month  w.e.f 28.4.2014 till all the defects are removed by OP and compensationRs.50,000/- for harassing and mental agony  and Rs.20,000/-  as litigation cost. 

   3                Notice of complaint was given to the OP by District Consumer Commission Mohali, but OP choose not to appear to contest this complaint. Hence, OP was proceeded against Ex-Parte. Later on OP approached before Hon’ble State Commission  in Revision Petition  no.47 of 2018  and he was ordered to join the proceedings and file to written version subject to payment of Rs.10,000/- as cost as condition precedent to be paid to the complainant vide order dated 18. 1.2019 and he appeared before  the District Commission Mohli on dated 24.4.2019 and paid Rs.10,000/- to the complainant through cheque in  compliance of order dated 18.1.2019 of Hon’ble State Commission and filed the version on 10.6.2019.

4.                    In  its written reply/version, OP raised objections  that the complainant applied for electricity connection on 20.8.2014 and the connection was released on 28.8.2014. The meter was affixed at the wrong place inadvertently, however, the same was affixed at the right place after few days at the site of consumer premises. The cable use for providing electric connection  was according to the specifications and the connection was given from the  L.T. Line available at the spot. Moreover, the complainant has himself admitted in the complaint that  the defects which he apprised to the OP were removed by them and the electric meter was installed at the proper place. The bill dated 15.11.2016 for an amount of Rs.22040/- was  issued for minimum charges from 28.8.2014 to 15.11.2016.  The Load was 4 KW and the minimum charges were aRs.190/- KW/M. The meter was  installed with the reading 00004 on 28.8.2014 and the same was removed on  8.3.2018 with the same reading. The
PDCO was effected on 8.3.2018  and the meter was removed from the site.  The last bill was  sent on 20.3.2018 for an amount of Rs.36,900/- payable by  4.4.2018, which was not paid.  Moreover ,  when  the meter is installed it is for the consumer to avail the supply of electricity.  As per the reading from the meter at the time of installation till its removal it is clear that consumer did  not consume  any electricity. The OP sent to  electricity bills regularly but the consumer did not pay the same and there was never any complaint in regard to the meter or its installation by the consumer. The complainant is liable to pay monthly minimum/fixed charges during the period the meter remained installed at the premises, and  the bill so raised by the OP is based on minimum monthly charges. However,  defects were rectified by the OP within few days and thereafter, the meter was affixed at the right place . Moreover, the bills also raised by the OP is on the basis of minimum monthly charges, which the complainant is liable to pay for the period of installation of electric meter. Accordingly, OP  prayed for dismissal of the complaint with costs.

6.                          The CC  in support of his complaint tendered in his evidence affidavit Ex.CW-1/A along with documents Ex.C1 to Ex.C7. The OP has produced  affidavit along with   documents of MMC/fixed charges’ detail for period from 28.8.2014 to 23.2.2018 , bills dated 22.2.2021 and  dated 22.6.2021.

7.                  We have heard learned counsel for the complainant and have also gone through the record.

8.                     The complainant in its affidavit at Para No.6 has stated that  some tenant approached him for taking his booth  for rent  but due to non availability of electricity  and as the complainant had no time to approach the electricity department  due to illness of his son , he  had to return the cheque and cash to the prospective tenant .  The contention of the complainant is prima facie not convincing because lodging  the complaint for  non supply of electricity does not need much of time and can even be lodged through  telephone. Needless to mention, onus of bringing into notice of OP, any problem regarding supply of electricity, lies with complainant. Moreover the complainant  in its affidavit  in Para no.4 has mentioned that he had brought   some defects in his electric connection into  the notice of OPs vide letter  dated 24.9.2014 Ex.C1. He has further   mentioned that  OP attended his complaint. So complainant assertion  that he had no time  to approach the electricity department due to illness his son is apparently  not convincing.  Moreover as the complainant had earlier  logged  complaint with the OP  and the OP had attended the same.   The OP vide their  affidavit has stated that  the complainant applied for electricity connection on 20.8.2014 and the same was released on  28.8.2014. The bill  dated 15.11.2016  was raised  for Rs.22040/- , which was issued on basis for minimum charges from  28.8.2014 to 15.11.2016. The OP has enclosed copy of details of the charges  on basis of monthly minimum charges . The OP  in its affidavit has stated that there was no  deficiency on his part and  moreover  grievance of the complainant was addressed  by the OP  and the meter was  affixed at the  place after a few days  at the site of the  consumer premises i.e booth no.19, Sector 71, Mohali.  The complainant has  himself  admitted in the  complaint that the defects  which  he apprised to the OP were removed by them and the electric meter was installed at the proper place. The OP after being declared  Ex-parte by District Commission Mohali, approached Hon’ble State Commission  through  Revision Petition  no.47 of 2018  and he was ordered to join the proceedings and file written version subject to payment of Rs.10,000/- as cost as condition precedent to be paid to the complainant vide order dated 18. 1.2019 and he appeared before  the District Mohali on dated 24.4.2019 and paid Rs.10,000/- to the complainant through cheque in  compliance of order dated 18.1.2019 of Hon’ble State Commission and filed the version on 10.6.2019. Subsequently District Consumer Commission , Mohali vide order dated 27.10.2021  ordered  the OP to install temporary electricity connection  by affixing a new meter within 24 hours in the shop . However, the complainant shall continue to pay the usual electricity consumption charges.

  9.                        In view of  aforesaid discussion , and having  gone through the record it is clear that the complainant applied for electricity connection on 20.8.2014 , which was released on 28.8.2014. The complainant  brought   some defects regarding  the location of electric connection etc.  into  the notice of OP, which were attended to by the OP.  Thereafter , although there was no consumption  of electricity as  meter reading ,  remained  at 4 only, the complainant was issued  electricity bills on Monthly  Minimum charges/fixed charges basis  for period 28.8.2014 to 23.2.2018, for the duration the meter remained installed. In case the complainant  had any  problem  in electricity supply, he could have approached PSPCL authorities  by personal visit or through  Telephonic call. The contentions of the complainant that there was no electricity availabile for the entire period  from 28.8.2014 to  17.1.2018 does not seem convincing as  he could have lodged complaint regarding no supply of the electricity  at  any time. In his prayer , the complainant sought  compensation for loss of rent Rs.20,000/- per month  w.e.f 28.8.2014 till date. Holding  the OP(PSPCL)  responsible for non occupation  by tenant   does not  have any ground. The complainant issued  electricity bills on Monthly  Minimum charges/fixed price for period 28.8.2014 to 23.2.2018, as per PSPCL Tariff.  As such,  the complaint deserves dismissal and  hence  is dismissed. Free certified copies of the order be supplied to the complainant and the OPs as per rules.  File be sent to District Commission Mohali for proper consignment.

Announced

May 13, 2022

 

                (Pushvinder Singh)

                                                                      President

                                                       

                                                           (Shivani Bhargava)

                                                                          Member

                                                                                      

                                                                 (Manjit Singh Bhinder)

                                                                  Member