Order by

Smt.Priti Malhotra, President

1.       The complainant has brought the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that the complainant has a domestic electric connection bearing account no.3002668959, which is running on her name at her house situated at Rama Colony, Moga and complainant is regularly paying the consumption charges of the same to Opposite Parties. On 14.02.2023 the complainant has received a notice/memo bearing no.1656 dated 06.02.2023 sent by Opposite Party No.3 whereby as demand of Rs.3,20,239/- is raised. After receiving the above said notice/memo, the complainant came to know that her old electricity meter had uninstalled by the department of the Opposite Parties by replacing it with new one which was later on got checked from M.E Laboratory. As per checking no.4981/180 dated 01.02.2023 a difference of 36506 KWH units is found for which a demand of Rs.3,20,239/- was raised by the Opposite Parties. Further alleged that the said electricity meter of the complainant is installed outside the house of the complainant in a box along with other electricity meters of the other consumers. The above said notice/memo sent by Opposite Parties is illegal and unlawful and the same is liable to be withdrawn. The complainant visited the office of Opposite Parties and requested the officials of Opposite Parties to withdraw the above said illegal notice/memo, but they did not give any heed to the request of the complainant.  Further alleged that before or at the time of un-installation of the old electricity meter of the complainant by replacing it with new one and at the time of checking of the meter in the ME Lab, no intimation was given to the complainant and all the proceedings were done in the absence of complainant. Further alleged that reply cum legal notice dated 27.02.2023 has also been sent to the Opposite Parties. Upon service of legal notice, Opposite Parties sent vague and unsatisfactory reply dated 20.03.2023.  Due to the aforesaid act and conduct and deficiency in service of opposite parties, the complainant has suffered mental tension, harassment and financial loss. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Parties may be directed to withdraw the notice/memo bearing no.1656 dated 06.02.2023 and to make necessary entries in the relevant record pertaining to electricity account of the complainant.

b)      To pay an amount of Rs.1,00,000/- as compensation for mental and physical harassment.

c)       To pay an amount of Rs.20,000/- as litigation expenses.

d)      And any other relief which this Commission may deem fit and proper be granted to the complainant in the interest of justice and equity.

2.       Opposite parties appeared through counsel and contested the complaint by filing written reply taking preliminary objections therein inter alia that the present complaint is not maintainable. No cause of action arose to complainant against Opposite Parties. Further averred that electric meter of the complainant was changed on 30.10.2022 and said removed meter was checked in M.E. Lab by senior XEN Enforcement, PSPC Ltd, Moga alongwith other officials on 01.02.2023 and it was found that reading counter has been intentionally tried to be burnt. But on internal inspection meter reading is recorded as 76969 KWH units where billing of this removed meter has been upto 40463 KWH units. Consequently, vide notice no.1656 dated 06.02.2023 consumption charges of Rs.3,20,239/- have been charged for 36506 KWH units (76969 KWH – 40463) consumed by complainant. The detail has already been given to complainant. As it is a sundry item, therefore, prior notice no.1656/06.02.2023 has been issued to the complainant. Opposite Parties are entitled to recover the above said dues of Rs.3,20,239/- from the complainant and complainant is liable to pay the same both in law and equity. On merits, all other allegations made in the complaint are denied and a prayer for dismissal of the complaint is made.

3.       The complainant has filed the replication to the written reply of Opposite Parties denying the objections raised by the Opposite Parties in the written reply.

4.       In order to prove her case, complainant has placed on record copy of Aadhar Card Ex.C1, her affidavit Ex.C2 and copies of other documents Ex.C3 to Ex.C8.

5.       On the other hand, Opposite Parties have placed on record affidavit of Sh.Mandeep Singh, Assistance Engineer, Sub Urban, Sub Division, Moga Ex.OPs1 and copies of other documents Ex.OPs2 to Ex.OPs8.

6.       We have heard the ld. counsel for both the parties and gone through the written arguments submitted on behalf of the complainant and have carefully gone through the evidence on record.

7.       Ld. Counsel for the complainant contended that complainant has a domestic electric connection bearing account no.3002668959, which is running in her name at her house situated at Rama Colony, Moga and she is regularly paying the consumption charges of the same to Opposite Parties. On 14.02.2023 the complainant has received a notice/memo bearing no.1656 dated 06.02.2023 sent by Opposite Party No.3 whereby a demand of Rs.3,20,239/- is raised. After receiving the above said notice/memo, the complainant came to know that her old electricity meter had uninstalled by department of the Opposite Parties by replacing it with new one which was later on got checked from M.E Laboratory. As per checking no.4981/180 dated 01.02.2023 a difference of 36506 units is found for which a demand of Rs.3,20,239/- is raised by the Opposite Parties. Further contended that the said electricity meter of the complainant is installed outside the house of the complainant in a box alongwith other electricity meters of the other consumers. Further contended that at the time of un-installation of the old electricity meter of the complainant and at the time of checking of the meter in the ME Lab the complainant was not called upon by the Opposite Parties nor any intimation was given to her and all the proceedings were done in the absence of complainant. The above said notice/memo sent by Opposite Party No.3 is illegal and unlawful and the same is liable to be withdrawn.

8.       Ld. Counsel for the Opposite Parties has repelled the aforesaid contentions of ld. counsel for the complainant on the ground that electric meter of the complainant was changed on 30.10.2022 and said removed meter was checked in M.E. Lab by senior XEN Enforcement, PSPC Ltd, Moga alongwith other officials on 01.02.2023 and it was found that reading counter has been intentionally tried to be burnt. But on internal inspection meter reading is recorded as 76969 KWH units where billing of this removed meter has been upto 40463 KWH units. Consequently, vide notice no.1656 dated 06.02.2023 consumption charges of Rs.3,20,239/- have been charged for 36506 KWH units (76969 KWH – 40463) consumed by complainant. The detail has already been given to complainant. As it is a sundry item, therefore, prior notice no.1656/06.02.2023 has been issued to the complainant. Opposite Parties are entitled to recover the above said dues of Rs.3,20,239/- from the complainant and complainant is liable to pay the same both in law and equity.

9.       We have gone through the documents submitted by the complainant and the Opposite Parties. On 31.01.2022, while taking the reading of the meter in question, it is observed by the officials of the Opposite Parties that the meter is damaged i.e. burnt and they put the meter status code R (Burnt) in the bill. Then a key exception list of defective/burnt meter is generated on the basis of which, the meter change order Ex.OPs4 was issued on 22.10.2022 and the burnt meter of the complainant was changed on 30.10.2022. Each and every meter removed from the consumer premises is sent to Metering Equipment Lab. The said meter was also sent to M.E. Lab and checked by the team of Engineer vide Ex.OP2 and a report was prepared as per Ex.OP2. By inspecting it internally, it was found that the reading of the meter is 76969 KWH units but the billing was done only upto 40463 KWH reading.

10.     As the ld.counsel for the complainant contended that his meter was not sealed, packed and not checked in M.E. Lab in his presence and was not sent to M.E. Lab within 15 days from the date of removal from her premises. As per ESE 64.7 only those meters where theft of energy is suspected are to be sealed in card board box and checked in M.E Lab in the presence of consumer. But in this case the meter not pertains to theft of energy, hence it needs not to place it in sealed card board box and to get it tested in M.E. Lab in the presence of complainant. Also it is not a perishable item that has to be sent to M.E. Lab within 15 days to avoid its deterioration. It is the case of reading only as it is well proved that the meter got burnt and thus, failed to show the reading on LCD, which later on was inspected internally on 01.02.2023 in the M.E. Lab and the actual consumption reading was recorded, for which, the notice/memo in question was rightly raised.

11.     In view of the discussion, we dismiss the complaint of the complainant. But if there is any bill issued on average basis, during the period meter remained defective (31.01.22 to 30.10.2022) should be adjusted against the amount already charged, if the same is not adjusted, while issuing the notice in dispute. However, the complainant is at liberty to deposit the amount in question in 10 monthly installments. keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of cost. File be consigned to record room after compliance.

Announced in Open Commission.