Order by:

Smt.Priti Malhotra, President

1.       The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that the complainant was residing at the above mentioned address earlier, but now since, 2019 she is living at Ganganagar with his son after the death of one of her son and is a consumer of Opposite Parties through account no.3002666966 since 2007. Since, 2007 the complainant is paying the regular consumption charges and no dispute arisen ever upto September, 2022. In November, 2022 the complainant via PSPCL app checked the bill of the above said connection, then she came under shock by seeing the huge amount of bill for an amount of Rs.91,900/- of domestic connection for 60 days. Thereafter the complainant tried to contact with the officers of the Opposite Parties, but no one gave any heed to the same and ultimately when the grandson of the complainant came at Moga in the month of January, 2023 he was shocked to see that the electricity of the house was disconnected, then he immediately contacted with the officers of Opposite Parties and requested them to restore the supply and also asked them how the huge amount of bill has been issued to the said electricity connection as house was locked and nobody was residing in the said house, then they directed the grandson of the complainant to move an application to check the meter in M.E. Lab. Thereafter, the grandson of the complainant moved on application to the Opposite Parties, then employee of the Opposite Parties came to remove the meter which was installed in the street alongwith other meters of the locality in the meter box. The employee of the Opposite Parties removed three meters from the said box by saying that these are also to be checked and affixed three new meters. Thereafter the bill was received by the complainant and the same was paid. On 27.03.2023 again complainant received a bill for an amount of Rs.97,870/- for the arrears. In this bill they mentioned that in case of failure of payment, they will disconnect the electricity connection. Further alleged that till today, no notice from the Opposite Parties has been received by the complainant to appear in the M.E. Lab where the meter of complainant was to be checked and even not disclosed about the meter number which they have checked in the M.E. Lab in the absence of complainant; neither any notice regarding the alleged checking had been served upon the complainant; no previous notice of any assessment of the amount as claimed by the Opposite Parties has been served upon the complainant.; no memorandum of inspection and seizure of meter was ever handed over to the complainant. The complainant a number of times visited the office of Opposite Parties and requested them to give the details of the amount claimed, but instead of providing any detail, the officials of Opposite Parties department threatened the complainant to deposit the demanded amount or otherwise they will disconnect the electricity connection. Due to the aforesaid act and conduct of the Opposite Parties, complainant suffered physical as well as mental tension and harassment. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite parties may be directed not to recover the illegal demand of Rs.97,870/- raised vide bill dated 27.03.2023.

b)      To pay an amount of Rs.1,00,000/- as compensation on account of damages, mental tension and harassment.

2.       Opposite parties appeared through counsel and contested the complaint by filing written reply taking preliminary objections therein inter alia that the present complaint of the complainant is not maintainable; the complainant should be stopped by her own act and conduct; the complainant has filed the present complaint just to harass the answering Opposite Parties; the present complaint is just of wastage of precious time of this Commission; the present complaint being false and frivolous may please be dismissed with special costs against the answering Opposite Parties. On merits, it is submitted that the complainant is not paying the consumption charges, which is due against her. Whatever amount has been paid by her has been duly adjusted into her account. Further averred that the bills from 22.07.2022 to 28.11.2022 have been sent to the complainant for 16112 units for Rs.91,925/-. On 10.02.2023, the consumer challenges the said meter by depositing the requisite fees and accordingly the said meter has been removed and sent to ME Lab Moga for its internal checking. On 25.03.2023, the said old meter was checked in the presence of her grandson. During internal inspection, it was found that the meter having no fault and its report was ok. So, the amount claimed by the Opposite Parties is legal one. Further averred that it seems that earlier the consumer was controlling the consumption by some illegal means, but in these months, she had failed to use those illegal means. Due to this, the meter recorded the actual consumption. The complainant is in knowledge that the amount due is payable by her, but she is leveled false allegation to save her skin. All other allegations made in the complaint are denied and a prayer for dismissal of the complaint is made.

3.       Complainant also filed replication to the written reply of opposite parties, vide which, all the objections raised by the Opposite parties in the written reply are denied.

4.       In order to prove her case, complainant has placed on record her affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C9.

5.       On the other hand, Opposite parties have placed on record affidavit of Sh.Baljeet Singh, S.D.O, PSPCL, South Sub Division Ex.OPs1 alongwith copies of documents Ex.OPs2 to Ex.OPs5.  

6.       We have heard the counsel for the parties and also gone through the documents placed on record.

7.       It is not disputed that complainant is having electric connection bearing no.3002666966 and regularly paying the consumption charges. However, the main dispute arises between the parties, when the complainant received a bill dated 27.03.2023 for an amount of Rs.91,900/- for 60 days.

8.       Ld. counsel for the complainant submitted that the complainant never consumed the electricity to such extent, as house in question was locked and nobody was residing therein, moreover there was no any such occasion or function in the premises of the complainant leading to such exorbitant consumption. Ld. counsel for the complainant further submitted that Opposite Parties have not issued any notice to complainant to appear in the M.E. Lab and also not any notice regarding the alleged checking had been served upon the complainant and no previous notice of any assessment of the amount as claimed by the Opposite Parties has been served upon the complainant.

9.       On the other hand, ld. counsel for the Opposite Parties contended that on 10.02.2023, the consumer challenged the said meter by depositing the requisite fees and accordingly the said meter has been removed and was sent to ME Lab Moga for its internal checking. During internal inspection, it was found that the meter having no fault and its report was ok. So, the amount claimed by the Opposite Parties is legal one, but however perusal of consumption bill Ex.C2 dated 27.03.2023 shows that the impugned exorbitant consumption is relating to the billing period 01.03.2023 to 27.03.2023 (55 days). Furthermore, the status of the last consumption history as shown in the disputed bill (Ex.C2) makes it clear that the last cycle average remains as 173, 28, 11, 992 and 1318 units of last one year which clearly proves that the consumption of the complainant on the said connection never exceeded 1318 units in last six billing months, despite the bill in dispute which is raised for 16112 units. The Opposite Parties have also failed to prove and produce any cogent and convincing evidence to clear their stand regarding exorbitant addition of the amount in the consumption bill in dispute and as such, we do not agree with the aforesaid contention of the ld.counsel for the Opposite Parties with regard to such wrongful and illegal addition of hefty amount in the disputed consumption bill of the Complainant. 

10.     Ld. counsel for the Opposite Parties further taken the plea that earlier the consumer was controlling the consumption by some illegal means, but in these months, she had failed to use those illegal means, but however, we do not agree with the aforesaid contentions raised by Opposite Parties. Perusal of the record reveals that not even a single iota of evidence has been produced by the Opposite Parties in this regard. It appears that it is a concocted story of the officials of the Opposite Parties and we are not convinced with the aforesaid concocted story of the Opposite Parties.

11.     Moreover, perusal of the record reveals that no separate notice of any kind was ever issued to the complainant before adding this amount in the current consumption charges as required under the law. As per sub clause 5 (b) referred to section 30 of the Act as laid down in Part-III Punjab govt. Faz. July 27, 2007 (SRVN 5.1929 SAKA). (Electricity Supply Code and Related Matters Regulations 2007, Notification no. PSERC/Secy./Regu.31 dated June 29, 2007), the bill for arrears in the case of under assessment or the charges levied as a result of checking etc. will be initially tendered separately and will not be clubbed with the current electricity bill. The arrear bill would briefly indicate the nature and period of the arrears. It is well settled and also laid down as per Regulation No. 124.1 of the Sales Regulations of the Corporation itself, that 'Sundry Charges' cannot be included in the regular electricity bills of the consumers. Regulation No. 124.1 is reproduced herein below:

“there may be certain cases where the consumer is billed for some of the dues relating to previous months/ years or otherwise as arrears on account of under assessment/load or demand surcharge pointed out by internal auditor/detected by the authorized officers either owing to negligence of the Board employees or due to some defect in the metering equipment or due to application of wrong tariff/multiplication factor or due to mistake in connection or other irregularities/malpractice etc. In all such cases, separate bills should be issued giving complete details of the charges levied. Such charges should not be clubbed in the current bills of the consumer.”

       Regulation 21.5.1 of Electricity Supply Code and Related Matters Regulations 2007 (as notified by Punjab State Electricity Regulatory Commission vide notification No.PSERC/Secy./Reg.97 dated November 5, 2014 and published in Govt. of Punjab Gazette(Extra) dated November 5, 2014) provides that account of the consumer, whose meter on testing found to be beyond the limits of prescribed accuracy, shall be overhauled and the electricity charges for all categories of consumers shall be computed in accordance with the said test results for a period not exceeding six months immediately preceding the date of test, in case meter has been tested at site to the satisfaction of the consumer or replacement of inaccurate meter, whichever is later.

     Regulation 21.5.2 of Electricity Supply Code of 2014 (supra) provides that the  overhauling of the billing for period of six months will be on the basis of energy consumption of corresponding period of previous year and in case, the said consumption for corresponding period not available, then average monthly consumption of previous six months during which meter was functional shall be adjudged for overhauling of the accounts and as such, certainly violation of regulation 21.5.2 of rules and regulations 2015 referred above also  committed in this case.

12.     In view of the aforesaid facts and circumstances of the case, the  demand of Rs.97,870/- raised by the Opposite Parties vide bill dated 27.03.2023 (Ex.C2)  from the Complainant  is set aside and  quashed being violative of rules and regulations and principles of natural justice. However, the Opposite Parties are at liberty to overhaul the account of the Complainant by taking the billing period of six months on the basis of energy consumption of corresponding period of previous year and in case, the said consumption for corresponding period is not available, then average monthly consumption of previous six months of the disputed bill shall be adjudged for overhauling of the account of the Complainant. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs.  The Opposite Parties are also directed to adjust or refund the amount, if any, deposited by the Complainant against the disputed bill with the Opposite Parties during the pendency of the present complaint.   The compliance of this order be made by the Opposite Parties within 30 days from the date of receipt of copy of this order, failing which, Opposite Parties are further burdened with Rs.10,000/-(Rupees Ten Thousand only) to be paid to the complainant for non compliance of the order. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced on Open Commission