| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION CAMP COURT AT LUDHIANA RBT/Consumer Complaint No.34 of 2018 Date of institution:12.01.2018 Date of Decision: 28.04.2022 Bahadur Khan, aged about 49 years son of Sh. Sher Mohammad, resident of VPO Ramgarh Sardaran, Tehsil Payal, District Ludhiana. ….Complainant Versus
- Punjab State Power Corporation Limited, through its S.D.O. Sub Division Malaud, District Ludhiana .
- Punjab State Power Corporation Limited, through its XEN, Division, Ahmedgarh, District Ludhiana.
……..Opposite Parties Complaint under Consumer Protection Act Quorum: Shri Ranjit Singh, President. Mrs. Ranvir Kaur, Member Present: Complainant in person Sh. Yash Paul, Advocate, for OPs
Order dictated by :- Shri Ranjit Singh, President Order The present order of ours will dispose of the above complaint filed under Consumer Protection Act, received by way of transfer from District Consumer Disputes Redressal Commission, Ludhiana by the complainant against the Opposite Parties on the ground that one domestic electric connection bearing account No.US2RG520961P is running in the name of complainant at his house. The meter No.447278 and electricity load is 0.96 KW. The complainant belongs to Muslim which has been declared as Backward Class by the Government of Punjab due to which, the electricity consumption of 200 units as per month has been exempted by the concerned department as per Government order. The complainant moved a RTI application to obtain the documents, which were attached with the application for exemption the electricity units at which documents were supplied to the complainant and an inquiry has been completed and two separate meters have been installed in the house and due to which the concerned department has sent the bill of Rs.6528/- to the complainant and an notice has been issued to the complainant to pay the bill within 2 days which is illegal and the bill of complainant has been exempted upto 200 units per month. The bill amount of exemption period of four months has been calculated in the bill which is also illegal. The aforesaid act of the opposite parties amounts to deficiency in service, unfair trade practice and it has caused mental as well as physical agony and also caused inconvenience to the complainant. Vide instant complaint, the complainant has sought the following reliefs:- - To cancel the bill for amount of Rs.6528/- and exemption of 200 electricity units per month may kindly be given to the complainant as the government order:
- To pay Rs.50,000/- as compensation.
- Upon notice, the learned counsel for the Ops appeared and filed written reply taking preliminary objection; that this complaint is not maintainable; that there is no deficiency in service on the part of Ops. On merits, it is stated that in this case, the consumer applied for reduction of load against electric connection bearing account No.RG52/961P by filing application, agreement form on 31.3.2017 and deposited necessary charges. The load of the consumer was 2.00 KW but as per his demand he wants the load upto 0.960 KW. Accordingly, the OP reduced the load from 2 KW to 1 KW as per his request. Thereafter, the consumer applied for free electricity on the basis of backward class as the government has given the relief of free electricity to the S.C. and Backward Classes. When during search it came to the notice of the Ops that the consumer Bahadur Khan wrongly obtained the exemption of the electricity upto 200 Units as the said condition only applied for those consumers who have connected/sanctioned load upto 1 Kw, whereas, the complainant has earlier consuming the electricity with the sanctioned load of 2 kw but the complainant smartly applied for the reduction in load upto 1 KW to take the benefit of free electricity upto 200 units whereas as per the circular No.46 dated 19.10.2016, in para 2, it is specifically mentioned that this concession shall not be admissible for those consumer whose present load is more than 1000 watts and if they apply to reduction of load to avail this benefit, the same should not be allowed. It is further stated that in the present case, the complainant applied for reduction of load from 2 KW to 1 KW in the month of March 2017 as such the complainant is not entitled for the same and the complainant kept the Ops in dark and when this fact came to the notice of the Ops then the Ops immediately issued notice memo No.684 dated 16.10.2017 regarding closing the free electricity and demanded requisite amount after correcting the bills of the consumers. As per the said letter, the consumer is not entitled for free electricity as the consumer applied for reduction of load only in the month of March 2017 and as per the circular dated 19.10.2016 the complainant is not entitled for the same , as such the consumer is liable to pay the amount of Rs.3298 but the complainant failed to pay the same. The Ops served several notices and final notice dated 8.1.2018 in sequence of earlier letters and asked the complainant to deposit the amount of Rs.6528/- but despite receipt of said letters, the complainant failed to deposit the amount. Thus, alleging no deficiency in service on its part has prayed for the dismissal of complaint in total.
- In support of this claim, the complainant has tendered certain documents in the shape of evidence. On the other hand, the OPs has also tendered certain documents in the shape of evidence.
- We have heard learned counsel for the parties at considerable length and have also examined the record of the case.
- From the perusal of the record file, it is clear that the complainant has earlier consuming the electricity with the sanctioned load of 2 kw but the complainant smartly applied for the reduction in load upto 1 kw to take the benefit of free electricity upto 200 units, whereas per the circular No.46 dated 19.10.2016, wherein it is clearly mentioned that the concession shall not be admissible for those consumer whose present is more than 1000 watts and if they apply to reduction of load to avail this benefit, the same should not be allowed. In this case, the complainant also consumer more than 1000 watts so as per the circular dated 19.10.2016, the complainant is not entitled the relief.
- In view of the above discussion, the present complaint stands dismissed The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.
- (RANJIT SINGH)
(RANVIR KAUR) MEMBER CC No.34 of 2018 Vide our separate detailed order of today, the complaint stands dismissed. Free certified copies of this order be sent to the parties, as per rules. The files be sent back to the District Consumer Disputes Redressal Commission, Ludhiana, for consigning the same to the record room. April,28 2022 (Ranjit Singh) (Ranvir Kaur) | |
