Punjab

Ludhiana

CC/20/41

Amrit Lal - Complainant(s)

Versus

Punjab State Power Corporation Limited - Opp.Party(s)

M.S Sethi adv

03 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:41 dated 28.01.2020.                                                 Date of decision: 03.11.2023.

 

Amrit Lal Aggarwal S/o. Ram Dass, 69 years age, R/o. 698/1, Malerkotla House, Cementary Road, Civil Line, Ludhiana.                                                                                                                                   ..…Complainant

                                                Versus

Punjab State Power Corporation Limited, Sub Division Fountain Chowk, (Sub Division-T/UNI), Ludhiana through its AEE.                                                                                                                                    …..Opposite party 

Complaint Under section 12 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. M.S. Sethi, Advocate.

For OP                           :         Sh. Yash Paul, Advocate.

 

ORDER

PER JASWINDER SINGH, MEMBER

1.                Succinctly put, the facts of the case are that the complainant is having domestic electricity connection bearing account No.3002857747 under DS tariff in his name for which OP issued bill dated 22.01.2020 for Rs.71,970/- consisting previous financial years charges amounting to Rs.27,584/- including arrears of current financial years amounting to Rs.39,159/-. According to the complainant, the alleged demand of arrears of previous financial years plus arrears of current financial years are illegal, arbitrary and against rules and regulation of PSPCL. The OP replaced the old meter with new one in the month of November 2018 due to excess recording of reading and at that time the OP vide bill dated 05.11.2018 claimed Rs.1,22,570/- and in the next bill dated 29.11.2018 claimed Rs.1,22,260/- including arrears of current year of Rs.1,18,497/- which were reduced to Rs.42,711/- in bill dated 15.12.2018 and further reduced to Rs.35,356/- in bill dated 15.12.2018 on representation of the complainant. The OP further reduced the demand from Rs.35,356/- to Rs.25,300/- in bill dated 24.03.2019. The complainant further stated that the OP vide bill dated 23.05.2019, 24.07.2019, 26.09.2019, 27.11.2019 and 22.01.2020 started claiming huge arrears. From the bill dated 29.11.2018 to 22.01.2020 the consumption data of the account No.3002857747 there was no higher consumption. However, despite reducing the load, the OP had not corrected the bills and even bill dated 12.10.2018 for Rs.67,490/- and bill dated 05.11.2018 for Rs.1,22,570/- issued in excess which amounts to deficiency in service on the part of the OP. In the end, the complainant prayed for issuing direction to the OP to correct all disputed bills since 2018 showing arrears amounting to Rs.66,743/- in bill dated 22.01.2020 excluding actual consumption charges and also to pay compensation of Rs.25,000/- along with litigation costs of Rs.5500/-

2.                Upon notice, the opposite party appeared and filed written statement and by taking preliminary objections, assailed the complaint on the ground of maintainability of the complaint. The opposite party stated that the entire amount relates to the regular consumption charges whatsoever consumed by the consumer since 2018 to 2020. However, the meter of the consumer was changed and it was sent to the ME Lab vide store challan No.210 dated 15.11.2018 on the basis of written consent letter of the consumer. In the ME Lab the changed meter was checked/tested by the officials of the OP and they reported that the meter was burnt and due to this reason the accuracy of the meter could not be ascertained. The account of the consumer was overhauled since 30.05.2018 to 05.11.2018 by taking into account the units of the same month of previous years i.e. 06.06.2017 to 09.01.2017 and after deducting the unit from 10742-2928 = 7814 and an amount of Rs.73,513/- was made out which was refunded by the OP to the consumer vide sundry register No.SCA97/56/SAPBY and nothing is due towards the OP to refund the excess amount to the consumer.

                   On merits, the opposite party reiterated the crux of averments made in the preliminary objections. According to the opposite party, they rectified the bills of the consumer after receiving the report of the ME Lab and has given the rebate for the amount of Rs.73,513/- to the consumer. The opposite party has denied that there is any deficiency of service and has also prayed for dismissal of the complaint.

3.                In support of his claim, the complainant tendered his affidavit Ex. CA1 in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy of bill dated 22.01.2020, Ex. C2 is the copy of bill dated 29.11.2018, Ex. C3 is the copy of bill dated 15.12.2018, Ex. C4 is the copy of bill dated 30.01.2019, Ex. C5 is the copy of bill dated 25.03.2019, Ex. C6 is the copy of bill dated 23.05.2019, Ex. C7 is the copy of bill dated 24.07.2019, Ex. C8 is the copy of bill dated 26.09.2019, Ex. C9 is the copy of bill dated 27.11.2019, Ex. C10, Ex. C11 is the copy of bill history and closed the evidence.

4.                On the other hand, counsel for the opposite party tendered affidavit Ex. RA of Sh. Rajesh Kumar, Senior Executive Engineer, City West Division (Special), PSPCL, Ludhiana along with documents Ex. R1 is the copy of bill dated 30.05.2018, Ex. R2 is the copy of bill dated 13.08.2018, Ex. R3 is the copy of bill dated 05.11.2018, Ex. R4 is the copy of bill dated 29.11.2018, Ex. R5 is the copy of bill dated 30.01.2019, Ex. R6 is the copy of bill dated 24.03.2019, Ex. R7 is the copy of bill dated 23.05.2019, Ex. R8 is the copy of bill dated 24.07.2019, Ex. C9 is the copy of bill dated 26.09.2019, Ex. R10 is the copy of bill dated 27.11.2019, Ex. R11 is the copy of bill dated 22.01.2020, Ex. R12 is the copy of bill dated 22.05.2020, Ex. R13 is the copy of bill dated 25.07.2020, Ex. R14 is the copy of bill dated 22.09.2020, Ex. R15 is the copy of bill dated 27.11.2020, Ex. R16 is the copy of chronology report and closed the evidence.

5.                We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents and written reply along with affidavit and documents produced on record by both the parties.

6.                    During the course of arguments, counsel for the complainant has drawn attention of this Commission towards the Commercial Circular No.21/2022 dated 03.08.2022 issued vide memo No.248/253/SV by the OP whereby the arrears falling from 31.12.2021 to 30.06.2022 of the electricity bills of all domestic consumers (running/disconnected, using electricity for residential purpose only) has been ordered to be waived off vide notification/memo No.2/22/2016-EB2/469 dated 13.07.2022 issued by Government of Punjab. The operative part of the said notification is reads as under:

             “Sub: Regarding waiving off the pending arrears as on             31.12.2021 of all Domestic Consumers.                                                                                  As per Deptt. of Power, GOP office Memo No. 2/22/2016-                                              EB2/469 dated 13.07.2022, Council of Ministers, Govt. of                                             Punjab in its meeting held on 06.07.2022 has decided to waive                                  off the pending arrears as on 31.12.2021 and not paid up to                                         30.06.2022 of electricity bills of all domestic consumers              (running/disconnected, using electricity for residential purposes     only (excluding all other consumers covered under Schedule of                                       Tariff for Domestic Supply viz Govt. Hospitals/Govt.                                                             Dispensaries, all places of worship, Govt. Sports Institutions,                                            Sainik Rest Houses, Govt./Govt. Aided Educational Institutions                                & attached hostels).

                       All such connections disconnected due to non-payment of          pending arrears as on 31.12.2021 will be reconnected by PSPCL                                                  on the request of consumer. The charges for reconnection of such                                               disconnected connections i.e. charges as per Schedule of General                                         Charges, Fixed Charges, any additional charges due to late                                                     payment of bills etc., shall be compensated to PSPCL by Govt. of                                              Punjab.

                       Where reconnection of such disconnected connections is not      permitted/viable on the request of applicant, a new electricity                                                          connection will be released by PSPCL in the same premises and                                                   all the applicable charges which need to be paid by the                                                               consumers for new domestic connection shall be compensated to                                                   PSPCL by Govt. of Punjab. Subsidy for the above said waiver of                                                   pending arrears, charges for reconnection of such disconnected                                                 connections or release of new connections to such consumers                                                  would be compensated by Punjab Govt. to PSPCL Modalities for                                   the claim of such subsidy from Punjab Govt. shall be framed and                                               necessary action in this regard be taken by the office of EIC/IT,                                                      CAO/Revenue and Financial Advisor, PSPCL, Patiala.

                       This facility will be applicable to all such domestic consumers   having/had connections for residential purpose only.”

7.                    Counsel for the OP could not deny the fact of issuance of aforesaid circular/notice by the OP.

8.                    Adverting to the facts of the case, the complainant has challenged the impugned bill dated 22.01.2020 for Rs.71,970/- (Ex. C1) issued for consumption of 438 units for the period 27.11.2019 to 22.01.2020 and the same was issued for 56 days for the period 27.11.2019 to 22.01.2020. The amount challenged in the impugned bill is arrear of electricity consumption as on 31.12.2021 which has not been paid up to 30.06.2022. As such, prima-facie, waiver of the said arrears falls within the purview of aforesaid circular issued by the OP. Though, the complainant has only challenged the bill Ex. C1 for the amount of Rs.71,970/-. However, it will be just and appropriate, if the OP is directed to overhaul the account of the complainant and waive off the arrears of the bill demanded through Ex.C1 (if not waived off earlier). Further, at the time of deciding the interim application for restoration of the electricity connection of the complainant, vide order dated 03.02.2020, was ordered to deposit 45% of the disputed bill i.e. amounting to RS.71,970/- within 15 days  which was deposited by the complainant with the OP. The said amount was deposited by the complainant under the directions of this Commission is also required to be considered as waiver off while overhauling the account or adjusted in the future bills by the OP.

9.                    As a result of above discussion, the complaint is partly allowed with an order that the OP shall overhaul the account of the complainant and waive off the arrears of the bill Ex.C1 (if not waived off earlier) by passing a speaking order keeping in view of the Commercial Circular No.21/2022 dated 03.08.2022 issued vide memo No.248/253/SV by them, within 30 days from the date of receipt of copy of order. Further, the amount, if any found surplus, the same shall be adjusted by the OP in the future bills. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

10.              Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                     (Sanjeev Batra)

Member                         Member                                       President         

 

Announced in Open Commission.

Dated:03.11.2023.

Gobind Ram.