Chander Mohan 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/1166/2018 and the judgment uploaded on 29 Mar 2023.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.
RBT No. | : | CC/1166/2018 |
Consumer Complaint No. | : | RBT/CC/1166/2018 |
Date of Institution | : | 13.11.2018 |
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: Ms. Amandeep Kaur, 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 complainants have enclosed Ex.C2, whichis electricity billofhis connectionbearing account no.Z74BS227504K dated 12.9.2018, in which sundry charges Rs.33,048/- have been added making the gross amount of the bill as Rs.41,350/-. Ex.C3 is electricity bill of the same connection dated 20/7/2018, whichisfor Rs.5340/-. Similarly Ex.C4 is payment receipt of bill dated 10.5.2018, which is for Rs.2000/-. Payment Receipt dated 4.11.2018 of Rs.8271/- Ex.C5. As per Ex.C6, the complainantpurchasedresidential accommodation from Sh. Ravi Kumaron 19.6.2017. The complainant has prayed that illegal bill dated 12.9.2018 vide which Rs.33048/- has been demanded as sundry charges may be withdrawn.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 portions out of which the complainants have 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 applying 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 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.33,048/- were added by the OPs in electricity bill of the complainants 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 complainants 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 to case of detection of chargeable arrears of a particular and specific Electricity Connection. In the present case the chargeable arrears pertains to the earlier connection running in the name of earlier owner Ravi Kumar in the same premises now owned by new owner i.e complainants , who have stepped into shoes of the earlier owner Ravi Kumar and are 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 cited authorities 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 abovediscussion and inference, 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). Copy of this order be sent to the complainant and the OPs 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
(Sh. Manjeet Singh Bhinder )
Member
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