Order by:

Sh.Mohinder Singh Brar, Member

1.       The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 stating that the complainant is the consumer of opposite party in respect of electric connection in dispute and the complainant is paying the consumption charges. However, the opposite party no.3 has issued alleged bill No.500200119566 dated 21.04.2023 for sum of Rs.1,27,950/-, in which the amount of Rs.1, 14, 625/- as previous arrear was demanded by Opposite Parties. In the month of June 2022, the opposite parties have issued bill No.500115477440 dated 20.06.2022 in respect of the above said account no.F13NA681165W with meter no.4510641 for Rs.1,01,110/- in which the actual consumption of the electricity connection was shown as 11179 units and the said bill was issued for 54 days. After receiving the said bill the complainant approached to opposite parties with the request that the said meter is defective one. The said representation was duly received by opposite party No.3 i.e. SDO, Patti Hira Singh, vide Dairy No.429 dt: 06.07.2022. Thereafter as per instructions of the opposite parties, the complainant had deposited Rs.250/- as meter challenging fee, vide receipt No.51 dated 04.08.2022 in respect of the above said electric connection. Further alleged that after depositing the challenging fees the opposite parties did not bother to remove the said electric meter within a prescribed period as such there is violation of law Laid down in Electricity Supply Instruction Manual (updated till 30.06.2018) in heading column no.54.6. Further alleged that as per Electricity Supply Code and Related Matters Regulations 2014 in column No.21.3: Testing of Meters in sub para 21.3.6 Testing of Inaccurate meters in para B is as under:-

B) A consumer may also request the distribution licensee to test the meter, if he doubts its accuracy. The distribution licensee shall undertake such testing either at site or in the laboratory within seven (7) days on payment of fee by the consumer as specified in the Schedule of General Charges approved by the Commission. The standard reference meter of better accuracy class than the meter under test shall be used for site testing of consumer meter upto 650 volts. A copy of the test results indicating the accuracy of the meter shall be provided to the consumer immediately.

Further alleged that opposite parties had issued bill dated: 29.08.2022 by showing meter status 'F' and bill status average totaling bill amount of Rs.1,44,090/-, thereafter in the month of 01.11.2022 the opposite parties issued bill in respect of the above said electric connection with meter No.9687536 meter status 'C' and bill status No.4510641 and average, amount of Rs.1,34,420/-. Further alleged that after 04.08.2022 the meter was neither changed within specific period nor it was checked in M.E. Lab, which is clear cut violation of principle of law. After 04.08.2022, the opposite parties had issued bills by demanding the alleged amount uptil the bill in question. Further alleged that last bill dated 21.04.2023, in which, the opposite party had demanded Rs.1,27,950/-, the complainant had deposited Rs.13,325/- as consumption charges and remaining illegal amount is still not deposited. The amount raised by opposite parties in the bill No.500200119566 dated 21.04.2023 is altogether, illegal, unjust void at law and liable to be set aside as no proper notice any kind has been issued before imposing the said amount; the complainant has been condemned un-heard; no opportunity has been granted to the complainant; mandatory provision of Punjab State Power Corporation Ltd has been violated; the said meter was neither removed in the prescribed period nor it was checked in M.E. Lab, after depositing the meter challenging fees which is clear cut violation of principle law. Due to the act and conduct of the opposite parties, the complainant has suffered mental tension and harassment. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite parties may be directed to quash the demand of Rs.1,14,625/- (Rs.1,14,625/- as previous arrears including taxes and Rs.13,325/- as actual consumption charges totaling Rs.1,27,950/-) as alleged in bill no.500200119566 dated 21.04.2023.

b)      To pay an amount of Rs.20,000/- as compensation on account of damages, mental tension and harassment.

c)       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 the complainant against Opposite Parties. Further submitted that the Opposite Parties had issued a consumption Bill No.500115477440  dated 20.06.2022 in respect of account no.F13NA681165W of meter no.4510641 for Rs.1,01, 110/- in lieu of consumption of 11/179 units w.e.f 20.04.2022 to 20.06.2022. Thus, consumption dated 20.06.2022 was not paid by the complainant. This amount of Rs.1,10,179/- along with interest and surcharge thereon was added in the bill No.500200119566 dated 21.04.2023. The amount of Rs.13,325/- pertains to a current consumption bill. Thus, the demand of Rs.1,27, 950/- raised through consumption bill No.500200119566 dated 21.04.2023 is correct and valid and binding upon the complainant and complainant is liable to deposit with the opposite party corporation, this amount of Rs.1,27,950/- and opposite party corporation is entitled to recover the same from the complainant. The complainant challenged the meter No.4510641 on 04.08.2022 and deposited prescribed fee of Rs.250/- on 04.08.2022 and this meter No.4510641 was changed on 23.08.2022 with new meter. This old meter No.4510641 was removed and packed in a card board box and was sealed in presence of the complainant. The old removed meter is to be got checked in the M.E. Lab. Thus, the present complaint is without any cause of action and is liable to be dismissed. On merits, it is submitted that the complainant challenged meter on 04.08.2022 and consequently, existing meter was removed and new meter was installed on 23.08.2022. The testing of the removed meter will be done in M.E. Lab in presence of the complainant. Removed meter was duly packed and sealed in presence of complainant at the time of its removing. So far meter in question has not been declared defective/inoperative/dead. Further submitted that meter status ‘F’ means particular not matching. Hence, average basis bill of Rs.1,44,090/- was sent. Similarly C status of meter means, meter changed. Therefore on average basis bill of Rs.1,34,420/- was issued. Complainant paid only current bills and did not pay previous arrears. All other allegation made in the complaint are denied and a prayer for dismissal of the complaint is made.

3.       In order to prove his case, the complainant has placed on record his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C20.

4.       On the other hand, Opposite Parties have placed on record affidavit of Sh.Binder Singh, S.D.O, PSPCL, Patto Hira Singh Ex.OPs1 alongwith copies of documents Ex.OPs2 to Ex.OPs12.

5.       We have gone through the documents/affidavits submitted by complainant and Opposite Parties.

6.       Perusal of the record reveals that the complainant was having electric connection of a/c no.F13NA681165W and the meter installed is of serial no.4510641. The complainant received a bill of Rs.,1,01,110/- (Ex.C10) for the consumption from 20.04.2022 to 20.06.2022. Due to excessive bill the complainant has moved an application on 04.07.2022 (Ex.C3 & Ex.OPs4) for change of meter and correction of bill and he deposited Rs.250/- vide receipt no.51/264 on 04.08.2022 (Ex.C4 & Ex.OPs3) as a meter challenge fee and Opposite Parties removed the meter in dispute vide MCO no.173/768 dated 22.08.2022 (Ex.OPs5) on 23.08.2022 and installed a new meter of serial no.9687536. The removed meter bearing no.4510641 was sealed and packed in card board box to get it checked from ME Lab.

7.       The perusal of the record further reveals that the meter under dispute was removed on 23.08.2022, but the Opposite Parties failed to get it checked from M.E Lab. Thereafter, the complainant has filed the present complaint on 11.05.2023 before this Commission, but despite that till today, the said meter has not been got checked from M.E Lab, which shows the negligence on the part of the Opposite Parties. Although the grievance of the complainant regarding faulty meter has already been redressed on 22.08.2023 by changing the disputed meter, but the bill under dispute can be set right only after checking of meter in dispute in M.E. Lab.

8.       From the discussion above, we partly allow the complaint of the complaint and direct the Opposite Parties to pay compository amount of Rs.7,000/- (Rupees Seven Thousand only) towards compensation and litigation costs to the complainant. Opposite Parties are further directed to get checked the meter in dispute from M.E Lab and overhaul/settle the account of the complainant as per M.E. Lab report and as per PSPCL Rules within 45 days from the receipt of copy of this order, failing which, they are further burdened with 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 cost. File be consigned to record room after compliance.

Announced in Open Commission