Achee Lal Jaiswal filed a consumer case on 21 Mar 2023 against Punjab State Power Corporation Limited in the Fatehgarh Sahib Consumer Court. The case no is RBT/CC/1141/2018 and the judgment uploaded on 29 Mar 2023.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.
RBT No. | : | CC/1141/2018 |
Consumer Complaint No. | : | RBT/CC/1141/2018 |
Date of Institution | : | 01.11.2018 |
Date of Decision | : | 21.03.2023 |
…………....Complainants
Versus
..………....... Opposite Parties
Complaint under Section 12 of Consumer Protection Act 1986(Old)
Quorum
Sh. Satish Kumar Aggarwal, President
Ms. Shivani Bhargava, Member
Sh. Manjit Singh Bhinder, Member
Present: Sh. Shalinder Mohan Goyal, counsel for complainant (through VC) .
Sh.Himanshu Bansal, counsel for OPs(through VC)
Order By
Sh. Manjit Singh Bhinder, Member
The complaint has been filed by the complainants against the OPs (opposite parties), Under Section 12 of Consumer Protection Act-1986(old) alleging deficiency in service with the prayer for giving direction to the OPs to withdraw the illegal bill dated 12.09.2018 vide which Rs.33,048/- has been demanded on account of sundry charges and to pay Rs.60,000/- on account of mental agony and physical harassment and Rs.5,500/- as litigation expenses.
The complainantshave enclosed Ex.C2, whichis electricity billofhis connectionbearing account no.Z74BS227256Y dated 12.9.2018, in which sundry charges Rs.33,048/- have been added making the gross amount of the bill as Rs.34,800/-. Ex.C2 is electricity bill of the same connection dated 20/7/2018, whichisfor Rs.2810/-. Ex.C3 is payment receipt ofdated 26.7.2018, which is for Rs.2810/- . Similarly payment receipt of dated 23.5.2018, which is for 1200/- Ex.C4. As per Ex.C6, the complainantspurchasedresidential accommodation from Sh. Ravi Kumaron 19.06.2017. The complainants have prayed that illegal bill dated 12.9.2018 vide which Rs.33048/- has been demanded as sundry charges may be withdrawn. Further the complainants have prayed for compensation for mentalagony and physical harassment as Rs.60,000/-andin addition as Rs.5,500/- as litigation expenses. The OPs have mentioned thatpreviously temporary electricity connection bearing no.T3765 was runningin the same premises in the name ofRavi Kumarson of Diwan Chandand Rs..99161/- were standingas arrear of said connection/premises. The premises was sold in 3 portion out of which the complainant has purchased one andthat consequently the complainants are liable to pay 1/3rd amount. On that basis an amount of Rs.33,040/- were added as sundry charges in the electricity bill dated 12.9.2018. The OPs have enclosed Ex.R1, which is copy of application and agreement(A&A Form), which issigned and submitted by theapplicants at the time of apply of electricity connection. The relevant part of A&A form, has been highlighted asunder:-
Agree to keep the PSPCL indemnified and harmless against all claims madeand actionand proceedings taken up by the owner of the premises or any person claiming through or under him byreason of giving of this electric connection by the PSPCL to me/us
Further OPshave proved Ex.R2, which iscopy of Supply Code. This supply code was notified by Punjab State Electricity Regulatory Commissionon5.11.2014 and publishedinGovt. of Punjab Gazette on5 November 2014 . Relevantpart of the Supply Code has beenhighlighted under Clause30.15, which is as under:-
In case of transfer of property by sale/inheritance, the purchaser/heir shall be liable to pay all charges due with respect to such property and found subsequently recoverable from the consumer.
In view of the above as also as per Section 56(2) of the Electricity Act, 2003 whichprovides that no arrears can be recovered fromany consumerafter a period of two years if they are not continuously shown in his bills as arrears due from him, nointerference is warranted in the concurrentfindings arrived at by both the Trail Court as also the Appellate Court. No questionof law much less any substantial question of law is also found to arise in the present appeal. Dismissed.
The order by Hon’ble State Consumer Disputes Redressal Commission titled as Uhbvnl Vs Sukhdev Singh decided on 9 February,2018, has also been citied wherein given Section 56(2) of Electricity Act 2003, has been mentioned as under:-
“(2) Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under thissection shall be recoverable after theperiodof two years from the date when such sum became first due unless such sum has been shown continuously as recoverable asarrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity’
However, the sundry chargesof Rs.33048/- were added by the OPs in electricity bill of the complainant on the basis of outstanding amount of electricity connection bearing account no.T3765,which was running in the name of Ravi Kumar Son of Diwan Chand.Outstandingamount of the earlier connectionbearing account no.T3765 became due towards thenew connection on the date it was released/availed by the complainant in the same premises, which was charged by the OPs, keeping in views the provision of supply code Clause 30.15.
Moreover apparently said clause 56.2 of Electricity Act pertains tocase of detection of chargeablearrears of a particular and specific ElectricityConnection. In the present case the chargeablearrears pertainsto the earlier connectionrunning in the name of earlier owner Ravi Kumar in the samepremisesnow owned by new owner i.e complainant , who has stepped into shoes of theearlier owner Ravi Kumarand is therefore liable to pay the out standing arrears of electricity charges added to electricity bill i. e Rs.330,48/- as sundry charges. Thus, Keeping in view the above said facts and circumstances into consideration it is found that the authorities cited by Ld. Counsel for the complainant are not applicable to the facts and circumstances of the case in hand and quite distinguishable
In view of the above saiddiscussion, the presentcomplaint is hereby dismissed with no order as to cost. Hence the sundry amount of 330,48/- has been rightly charged by the OPs. The complainants are directed to deposit the sundry charges amount Rs.33048/- after adjusting the amount of Rs.10,000/- (incase paid by the complainant). The complaint could not be decided within the statutory period due to pandemic of Covid-19. Copy of this order be sent to the complainant as per rules. File be returned back to District Consumer Commission , Mohali, for proper consignment.
Pronounced 21 March 2023
(Satish Kumar Aggarwal)
President
(Shivani Bhargava)
Member
( Manjeet Singh Bhinder )
Member
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