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 the consumer of electric connection bearing no.F13GT130477H and paying the electricity charges regularly. In the last year i.e. 2022 in the month of July, the electric meter of above said connection stopped working and in this regard the employees of the Opposite Parties duly informed. The complainant also requested to the Meter Reader and SDO of Sub Division for change of the electric meter, but the request of the complainant ignored by the officials of the Opposite Parties. On dated 18.01.2023, MCO was issued by the Opposite Parties vide MCO-171-769, but despite that meter of the complainant was not changed. Alleged that the complainant received electricity bill no.500219097570 of Rs.21,496.64 on 02.07.2023 on the basis on energy used of 2275 units, which is illegal and fabricated and against the law of electricity. Complainant never used the electricity of 2275 units in two months. Alleged further that on 05.07.2023, the complainant was called upon at Grid Patto Hira Singh for depositing the charges and the complainant was asked to deposit 2213/- for three phase electricity meter, but the complainant is having single phase meter. Complainant also issued a legal notice dated 18.07.2023 to the Opposite Parties, but to no effect. This act of Opposite Parties is illegal and against the law and against the rules and regulations of the PSPCL. Due to the aforesaid act and conduct and deficiency in service of opposite parties, the complainant has suffered mental tension, harassment and financial loss. Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Parties may be directed to quash the demand of Rs.21,496.64 as average charges in bill dated 02.07.2023 in respect of electric connection in question, which is liable to be set aside and to restrain the Opposite Parties to recover the said amount.

b)      To refund the amount of Rs.2213/- with cost, which was charged for three phase meter and Opposite Parties be directed to change the electric meter of the complainant.

c)       To pay an amount of Rs.50,000/- as damages for mental and physical harassment and Rs.1,00,000/- for deficiency in service.

c)       To pay an amount of Rs.11,000/- 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 connection of the complainant is single phase and its S/L is 7 kw. In the month 12/2022, the meter of the complainant got defective and meter reader declared meter in question as D-Code in month 12/2022. The complainant moved an application for change of meter on 05.07.2023 and deposited an amount of Rs.2213/- vide receipt no.152, Book No.1007 dated 05.07.2023 in lieu of cost of meter as Block of defective meter was burnt, whereas due to D-code, MCO for change of meter vide MCO no.171 Book No.764 dated 18.01.2023 had already been issued. But due to non availability of new meters, meter could not be changed and on availability meter was changed vide meter no.5115019 dated 01.11.2023. Hence, the bill in dispute i.e. bill dated 02.07.2023 of Rs.21,496.64 NP has been issued on average basis. This bill dated 02.07.2023 is of the period w.e.f. 21.04.2023 to 02.07.2023 i.e. of 72 days on average basis of 2275 units which average units have been calculated on the basis of corresponding period of preceding year 2022. Thus, the bill in dispute is correct, valid and binding upon the complainant. The complainant has consumed electricity during the time of meter defective. Hence, complainant is liable to deposit the consumption bill of Rs.21,496.64 NP i.e. bill in dispute and Opposite Parties is entitled to recover the same from the complainant. Hence, present complaint of complainant is liable to be dismissed with costs. On merits, all other allegations 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 tendered in evidence his affidavit as Ex.C1/A along with  copies of documents Ex.C1 to Ex.C9.

4.       To rebut the evidence of complainant, Opposite Parties tendered in evidence the affidavit of Sh.Jaswinder Singh, S.D.O., PSPCL, Sub Division Patto Hira Singh as Ex.OPs-1 and along with copies of documents Ex.OPs-2 to OPs-14.

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 bills Ex.OPs-8 and Ex.OPs-9, we observed that the meter of the complainant declared defective on 01.11.2022 and the same was changed on 01.11.2023 as per MCO (Ex.OPs-3), meaning thereby that the meter of the complainant remained defective for approximately one year. The Opposite Parties have taken the plea that due to non availability of the meter, the meter of the complainant could not be changed, but the Opposite Parties have not produced any evidence which shows that the delay in changing the meter of the complainant was due to non availability of meter. The Opposite Parties have changed the meter of the complainant only after receiving the notice duly issued by this Commission in the present complaint, so there is deficiency in service on the part of the Opposite Parties. Further, it is proved on record vide MCO (Ex.OPs-3) that the meter installed is of single phase, but the Opposite Parties charged the amount for three phase meter (Ex.OPs-5) from the complainant, which is also violation of the rules and regulations of the PSPCL.

7.       From the above discussion, we are of the view that there is deficiency in service on the part of the Opposite Parties. Hence, we partly allow the instant complaint. As the meter of the complainant remained defective for the period from 01.11.2022 to 01.11.2023, so the Opposite Parties are directed to overhaul the account of the complainant for the period i.e. 01.11.2022 to 01.11.2023 taking the consumption of corresponding period of previous year, if not done. 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 and to refund the amount of Rs.2213/-, which was deposited by the complainant vide receipt no.152, book no.1007 on 05.07.2023 and to charge the cost of block burnt of single phase meter amount of the burnt meter as per single phase meter. Further Opposite Parties are further directed to pay compository costs of Rs.10,000/-(Rupees Ten Thousand only) as compensation on account of deficiency in service and litigation expenses to 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.3,000/-(Rupees Three 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