BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.<br /> <br /> Complaint No: 33 of 2008<br /> Instituted On: 02.04.2008<br /> Date of Service:15.05.2008.<br /> Decided On: 21.08.2008.<br /> <br /> Balbir Singh (aged about 45 years ) son of Mohinder Singh, Resident of Village Kokri Kalan, Tehsil and District Moga.<br /> Complainant.<br /> <br /> Versus<br /> <br /> 1. Punjab State Electricity Board, through its Secretary, The Mall, Patiala.<br /> 2. Executive Engineer, Punjab State Electricity Board, G.T.Road, Moga.<br /> 3. Sub Divisional Officer, Punjab State Electricity Board, Ajitwal,Moga.<br /> <br /> Opposite Parties.<br /> <br /> Complaint under section 12 of The<br /> Consumer Protection Act, 1986.<br /> <br /> Quorum: Sh.J.S.Chawla, President.<br /> Sh.Bhupinder Kaur, Member.<br /> <br /> Present: Sh.Lakhwinder Singh,Adv.counsel for the complainant.<br /> Sh.Satvir Singh Advocate counsel for the OPs.<br /> <br /> (J.S.CHAWLA, PRESIDENT)<br /> Sh.Balbir Singh complainant has filed the present complaint under section 12 of The Consumer Protection Act, 1986 (herein-after referred to as ‘Act’) against Punjab State Electricity Board through its Secretary, Patiala and others (herein-after referred to as ‘Board’)-opposite parties directing them to quash the demand of Rs.39570/- added in the consumption bill dated 25.02.2008 as sundry charges and also to pay Rs.20000/- as compensation for causing mental tension and harassment beside costs of litigation.<br /> 2. Briefly stated, Sh.Balbir Singh complainant is a ‘consumer’ of the Opposite Parties-Board having NRS electric connection no.KF65/1136 with connected load of 6.20 KW at his workshop which was being run by him to earn his livelihood. That in the month of February, 2007 due to some technical problem the meter of the complainant was stopped and immediately he moved an application requesting the OPs-Board to replace the same. Thereafter, the complainant received bill on the average basis of 856 units though he never received the bills more than of 200 units. That in the month of January, 2008 new meter was installed by the OPs-Board. After the installments of new meter, the complainant consumed 167 units as shown in bill dated 25.02.2008, but in the column of consumption they showed the consumption of 856 units. Thereafter, the OPs-Board charged the complainant for the period w.e.f. 24.02.2007 to 25.12.2007 taking the average basis of 856 units. That the demand raised by the OPs-Board on the average of 856 units for the period from 24.02.2007 to 25.12.2007 is illegal, unwarranted and against the rules and regulations of the OPs-Board. That the complainant had approached the office of OPs-Board number of times and requested to withdraw the impugned demand, but to no effect. That the aforesaid act and conduct of the OPs-Board had caused great inconvenience, harassment and mental agony to the complainant for which he has claimed Rs.20000/- as compensation. <br /> 3. Notice of the complaint was given to the OPs-Board, who appeared through Sh.Satvir Singh Advocate and filed written reply contesting the same. They took up preliminary objections that the complaint is not maintainable in the present form. In fact, on 08.09.2005 the Meter Inspector/ Junior Engineer checked the premises of the complainant and found the complainant using the excess load of 2.375 KW. He was using 6.205 KW load than the sanctioned load of 3.830 KW. That the memo no.2921 dated 8.9.2005 for Rs.2991/- on account of excess load was served to the complainant. The impugned amount was charged in the bill for the month of 9/2005. The complainant deposited the amount of Rs.6068/- on 18.1.2006. Thereafter, due to the default in the computer, the complainant was charged by the OPs-Board from January 2007 as per average consumption of 856 units bi-monthly. That the payment of Rs.15785/- was due till January 2007, out of which the complainant deposited Rs.6000/- on 30.3.2007. The complainant has been charged upto January 2008 on an average basis for 856 units bi-monthly. Thus, an amount of Rs.39960/- was due from the complainant till February, 2008 to which the OPs-Board is legally entitled to recover. On merits, the OPs-Board took up the same and similar plea as taken up by them in preliminary objections. All other allegations contained in the complaint were specifically denied being wrong and incorrect. Hence, it was prayed that the complaint filed by the complainant has no merit and it deserves dismissal.<br /> 4. In order to prove his case, the complainant tendered in evidence his affidavit Ex.A1, copies of bills Ex.A2 to Ex.A20 and closed his evidence. <br /> 5. To rebut the evidence of the complainant, the OPs-Board tendered in evidence affidavit Ex.R1 of Sh.S.S.Sandhu Sr.XEN, copy of detail Ex.R2, copy of sundry register Ex.R3, copy of MCO Ex.R4 and closed their evidence.<br /> 6. We have heard the arguments of Sh.Lakhwinder Singh ld.counsel for the complainant and Sh.Satvir Singh ld. counsel for the OPs-Board and have very carefully perused the evidence on the file.<br /> 7. Sh.Lakhwinder Singh ld.counsel for the complainant has mainly argued that the impugned demand of Rs. 39570/- raised vide bill dated 25.02.2008 as sundry charges by the OPs-Board is wrong & illegal and the complainant is not liable to pay the same. This contention of the ld.counsel for the complainant has some force. Admittedly, the meter of the complainant was found defective and the same was changed vide MCO dated 07.11.2007 effective on 25.11.2007. The bills for the period w.e.f. 24.02.2007 to 25.12.2007 of the impugned amount on the average basis of 856 units was sent to him on prorata basis. These bills appear to be highly excessive and exaggerated because the consumption data Ex.R2 filed by the OPs-Board shows that before these bills (when the meter was showing accurate consumption), the complainant never received the bill for consumption of more than 561 units. The consumption data (produced by the ld.counsel for the OPs-Board at the time of arguments) from 3/2005 to 7/2005 shows that the average consumption of the complainant was 303 units.<br /> Month Consumption <br /> 3/2005 561 units <br /> 5/2005 146 units<br /> 7/2005 203 units<br /> <br /> <br /> 8. Hence, the average consumption of 856 units taken by the OPs-Board for the period w.e.f. 24.02.2007 to 25.12.2007 is quite excessive, even if the same had been taken on prorate basis. Regulation 73.1.2 also provides that for charging the consumer for the period the meter remained inoperative, the average basis of last 4 to 6 months or average of the same months of the previous year or the actual recorded consumption, if any, whichever is higher of the two figures shall be charged to set the consumer’s account right finally. In the instant case, the OPs-Board should have taken the average of previous 6 months showing the consumption of 561 units for 3/2005, 146 units for 5/2005 and 203 units for 7/2005 which comes to 303 units. Thus, relying upon the consumption data produced by the ld.counsel for the OPs-Board, we hold that the OPs-Board shall charge the complainant for the period w.e.f. 24.02.2007 to 25.12.2007 on the average basis of 303 units. The OPs-Board shall issue the fresh demand to the complainant for the aforesaid period taking the average consumption of 303 units.<br /> 9. No other point is urged or argued before us.<br /> 10. In view of the aforesaid facts and circumstances of the case, the complaint filed by the complainant is partly accepted. The impugned demand of Rs.39570/- raised vide bill dated 25.02.2008 is set aside and quashed. However, the OPs-Board shall issue the fresh demand/bill to the complainant taking the average consumption of 303 units for the period w.e.f. 24.02.2007 to 25.12.2007 within 15 days from the date of receipt of copy of this order and the complainant shall deposit the same within the next 15 days from the receipt of fresh demand/bill. In view of the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order shall be sent to the parties free of cost and thereafter the file be consigned to the record room. <br /> <br /> (Bhupinder Kaur) (J.S.Chawla)<br /> Member President<br /> Announced in Open Forum.<br /> Dated:21.08.2008.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />