Order by:
Sh.Mohinder Singh Brar, Member
1. The complainant has brought the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that the complainant is having electric meter connection no.3002428562 in her name and paying the electricity bills regularly. On 07.07.2023, a meter reader from the Opposite Party department visited the house of the complainant for taking meter reading, who informed the complainant that electric meter of the complainant is not functioning/working, but the said meter reader had generated false electricity bill of Rs.25,650/-, even when the meter was in non-working condition while the status of the said meter reported as ‘D’ in alleged false bill. Thereafter the complainant had visited the office of SDO, Sub Urban, Sub Division, Moga for making the necessary correction in the said bill amount, but he has not paid any heed to the request of the complainant. Thereafter, the complainant numerous times visited the office of Opposite Parties, but to no effect. Later on after few days, without any prior notice/information, the officials of Opposite Party visited the house of the complainant and replaced the defective meter with new one in the absence of the complainant. Alleged further that the said bill in question is still unpaid as the same is to be corrected because it was not generated as per the actual consumption of electricity. Alleged further that Opposite Parties have also generated second bill of month of July, 2023 amounting to Rs.30,390/- and in the said bill an amount of Rs.25,650/- as arrears of previous bill i.e. also of July, 2023 issued to the complainant on 07.07.2023 has also been shown. Thereafter the Opposite Party had issued another bill in the month of September, 2023 amounting to Rs.34,400/- in which, they mentioned an arrear of Rs.31,583/-, which is not correct amount. Complainant also sent a legal notice dated 05.08.2023 to the Opposite Party, but all in vain. Hence this complaint. Vide instant complaint, the complainant has sought the following reliefs.
a) Opposite Parties may be directed to withdraw/correct the above said bill.
b) To pay an amount of Rs.2,00,000/- as compensation on account of Physical, mental and monetary harassment.
c) To pay an amount of Rs.22,000/- 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. Admitted that Meter Reader of this office visited the house of the complainant for taking the meter reading, he informed the complainant that meter is not functioning and generated ‘D’ Code bill of amounting to Rs.25,650/- of account no.3002428562. Further it is admitted that complainant visited the SDO office and after hearing complainant, the SDO Office issued MCO No.100021891442 for changing of defective meter. On 18.07.2023 the staff of Sub Urban Sub Division Moga mad compliance of the issued MCO i.e. Changed the meter of the said connection. Averred that Smt.Salochna Devi’s previous sanctioned load of electric connection upto 07.01.2023 was 0.600 KW. Complainant applied for extension of her load from 0.6 KW to 3.986 KW on 26.12.2022. Load extension order stood completed in SAP on 08.01.2023. Hence, extended sanctioned load of 3.986 KW came into record on 08.01.2023 onwards. Electric meter stood recorded D-Code by meter reader on 07.07.2023. Meter changed on 18.07.2023 vide MCO no.100021891442. The D-code bill of 60 days w.e.f 08.05.2023 to 07.07.2023 came out as 4206 units taking into consideration 644 units of the corresponding period of previous year w.e.f. 08.05.2022 to 08.07.2022. The calculation of 4207 units is mentioned in the written reply. Thus, the amount of Rs.25,650/- is of above said 4207 units which is valid, correct and legal consumption bill. Averred that in July Month 2nd bill was generated from 07.07.2023 to 18.07.2023 for an amount of Rs.30,390/- because meter was changed on 18.07.2023, the amount of Rs.25650/- was arrear and rest was bill amount of 07.07.2023 to 18.07.2023 on basis of D Code. The Bill generated in month of September from dated 18.07.2023 to 01.09.2023 of amount Rs.34400/- is (ok code) of actual consumption of 530 units and in that bill Rs.31,583/- was arrears of last 2 bills mentioned above. All other allegations made in the complaint are denied and a prayer for dismissal of the complaint is made.
3. In order to prove her case, the complainant has placed on record her affidavit as Ex.C1 alongwith copies of documents Ex.C2, Ex.C2/B to C2/F, and Ex.C3 to Ex.C6.
4. To rebut the evidence of complainant, Opposite Parties have placed on record affidavit of Sh.Mandeep Singh, S.D.O., PSPCL, Suburban Sub Division, Moga as Ex.OPs-1 and along with copies of documents Ex.OPs-2 to OPs-13.
5. We have gone through the documents/evidence submitted on behalf of both the parties i.e. complainant and Opposite Parties.
6. From the perusal of the record, we observed that as per bill (Ex.OPs-11) reading of the installed meter on 07.01.2023 was 19982 and on 11.03.2023 it was 19984 which shows that the complainant consumed only two units in two months which further proves that the meter of the complainant was defective from 07.01.2023. As per affidavit (Ex.OPs-1 and meter change order (Ex.OPs-2) the said defective meter was replaced on 18.07.2023 and the new meter of Sr.No.5094071 was installed with initial reading of ‘0’ (Zero). Hence the meter of the complainant actually remained defective from 07.01.2023 to 18.07.2023.
7. Perusal of the record reveals that complainant extended her sanctioned load from 0.6 KW to 3.986 KW with effect from 08.01.2023 and Opposite Parties while calculating the consumption for the defective period extended the consumption of corresponding period of previous year by load extension factor (3.986/0.6) which is not justified. As per MCO (Meter Change Order) new meter was installed with initial reading as Zero on 18.07.2023 (Ex.OPs-2) and on 01.09.2023 (as Per Ex.OPs-13) the reading of the new meter was 529. Hence for 18.07.2023 to 01.09.2023 i.e. for 45 days the complainant consumed 529-0=529 units of power which is approximately 529/45=11.75 units per day with extended load.
8. In view of the above discussion, we are of the view that there is deficiency in service on the part of the Opposite Parties and account of the complainant should be overhauled by taking 11.75 units per day for 07.01.2023 to 18.07.2023. Hence, we partly allow the instant complaint and direct the Opposite Parties to overhaul the account of the complainant for the period i.e. 07.01.2023 to 18.07.2023 by taking 11.75 units per day. However, the complainant shall continue to pay the consumption charges regularly without any default in future as per actual consumption. The Opposite Parties are also directed to adjust the amount so deposited during this disputed period while overhauling the account of the complainant. The compliance of this order be made by the Opposite Parties within 45 days from the date of receipt of copy of this order, failing which, they are further burdened with additional amount of Rs.5,000/-(Rupees Five 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
