Punjab

Ludhiana

CC/21/521

Hans Raj Suri - Complainant(s)

Versus

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

Gurdeep Sherdil

25 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:521 dated 15.11.2021.                                                         Date of decision: 25.04.2023.

 

Hans Raj Suri aged 69 years son of Sh. Ram Lubhaya Suri, resident of House No.173, Near Kochar Market, New Model Town, Ludhiana.                                                                                                               ..…Complainant

                                                Versus

1. The Punjab State Power Corporation Limited, Branch Model Town Extension, Ludhiana, through S.D.O.
2. The Chief Engineer, The Punjab State Power Corporation Limited, The Mall, PSEB Head Office, Patiaa-147001.

…..Opposite parties 

Complaint Under section 35 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. Hans Raj Suri in person with Sh. Gurdeep                                            Singh Sherdil, Advocate.

For OPs                          :         Sh. Mandeep Sharma, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Briefly stated, the facts of the case are that the complainant is having an electric connection bearing account No.3003186870 in his name and a meter has been installed in the premises of the complainant situated in House No.173, New Model Town, Near Kochar Market, Ludhiana. The complainant stated that another electricity connection No.3003186869 was also standing in his name which was never installed in his premises and he was not in need of said connection as he has already an electricity connection installed in his house. The bogus connection was allotted to the complainant with which he has no connection at all and now a huge amount of Rs.35,000/- approximately is standing in this connection which he never used and as such, he is not required to pay any such amount. The opposite parties can never issue a second connection in the same premises if once already a connection was being run there. The said mistake has not been admitted by the opposite parties and the complainant shocked to receive the bill in respect of said bogus connection. The complainant further stated that he being an old man is suffering from various old age ailments and he started suffering unnecessary botheration and mental agony due to opposite parties for their wrongful gain. The complainant suffered huge financial loss, harassment, mental agony, tension and depression due to act and conduct of the opposite parties. The complainant sent a legal notice dated 08.10.2021 through his counsel Sh. Gurdeep Singh Sherdil, Advocate to the opposite parties but to no avail. The complainant also visited the opposite parties but despite his repeated demands nothing fruitful has come. In the end, the complainant has prayed for issuing direction to the opposite parties to waive off the electricity bill of the connection as the same was never installed in his premises. The complainant also prayed for grant of compensation of Rs.2,00,000/- and litigation expenses of Rs.10,000/-.

2.                Upon notice, the opposite parties filed  joint written statement and by taking preliminary objections, assailed the complaint on the ground of maintainability,  lack of cause of action, suppression of material facts etc.  The opposite parties stated that in fact, the complainant has two electric connection bearing account No.3003186869 and 3003186870 in one and the same premises. The complainant was using both these electric connection simultaneously and was paying the consumption charges of both these electric connections regularly. Thereafter, the complainant stopped paying consumption charges of electric connection No.3003186869 then the said connection was removed by the opposite parties and they asked the complainant to pay the arrears of said connection amounting to Rs.32,793/- but he flatly refused to pay the arrears. The opposite parties further stated that on 31.03.2021, their officials checked electric connections of the complainant in his presence and the complainant was again asked to pay the arrears but he again refused. Thus the opposite parties prepared L.C.R. and the arrears of Rs.32,793/- was transferred to another electric connection bearing account No.3003186870. The opposite parties are entitled to recover the amount of arrears along with interest from the complainant.

                   On merits, the opposite parties reiterated the crux of averments made in the preliminary objections. The opposite parties have denied that there is any deficiency of service and have also prayed for dismissal of the complaint.

3.                In support of his claim, the complainant tendered his affidavit Ex. CA 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 his Aadhar card, Ex. C2 is the copy of electricity bill of connection No.3003186870, Ex. C3 is the copy of letter showing merging the money in the account of the complainant, Ex. C4 is the legal notice dated 08.10.2021, Ex. C5 and Ex. C6 are the postal receipts and closed the evidence.

4.                On the other hand, counsel for the opposite parties tendered affidavit Ex. RA of Sh. M.P. Singh, Additional Superintending Engineer, PSPCL, Local Divisional Office, Model Town, Ludhiana along with documents Ex. R1 is copy of meter reading, Ex. R2 is the copy of letter No.837 issued by the opposite parties to the complainant, Ex. R3 is the copy of disconnection order, Ex. R4 is the copy of account statement of account No.003003186869 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 replies along with affidavits and documents produced on record by both the parties.

6.                We have gone through the pleadings of the parties as well as the documents annexed therewith and heard their respective arguments. At the very onset, this Commission is constrained to observe that the pleadings of both parties were sketchy and vague and there appeared a conscious effort on their part to conceal certain material  facts and documents. The complainant did not produce any document with regard to ownership of the premises in question nor he stated as and when he first received the bill of Rs.35,000/-. The complainant also failed to elaborate how there was deficiency in service on the part of the opposite parties. The opposite parties did not lag behind and they were also equally ambiguous in explaining the proper facts and circumstances to this Commission. The opposite parties did not adduce the consumer files of both the connections to show that these were installed in one and the same premises. They did not attach the other relevant documents to substantiate their claim. No rule was cited which entitles the opposite parties to transfer the arrears of one account to another. Even at the time of arguments, the respective counsel for the parties were unable to render proper assistance for the effective and compete adjudication of the matter in controversy. Under these circumstances, this Commission is of the view that ends of justice would be sub-served if the opposite parties are directed to overhaul the accounts of both electric connections No.3003186870 and 3003186869 after conducting an enquiry and after affording due opportunity to the complainant of being heard and will pass a speaking order within 30 days from the date of receipt of copy of order. In case the complainant feels aggrieved of the speaking order passed by the opposite parties, he will be at liberty to file the fresh complaint in accordance with law.

7.                As a result of above discussion, the complaint is partly allowed with direction to the opposite parties to overhaul the accounts of both electric connections No.3003186870 and 3003186869 after conducting an enquiry and after affording due opportunity to the complainant of being heard and to pass a speaking order within 30 days from the date of receipt of copy of order. In case the complainant feels aggrieved of the speaking order passed by the opposite parties, he will be at liberty to file the fresh complaint in accordance with law. There shall be no order as to costs. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

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

 

(Monika Bhagat)          (Jaswinder Singh)                      (SanjeevBatra) Member                        Member                                       President         

 

Announced in Open Commission.

Dated:25.04.2023.

Gobind Ram.

 

 

Hans Raj Suri Vs PSPCL                                               CC/21/521

Present:       Complainant Sh. Hans Raj Suri in person with Sh. Gurdeep Singh             Sherdil, Advocate.

                   Sh. Mandeep Sharma, Advocate for OPs.

 

                   Arguments heard. Vide separate detailed order of today, the complaint is partly allowed with direction to the opposite parties to overhaul the electric connection No.3003186870 and 3003186869 after conducting an enquiry and after affording due opportunity to the complainant of being heard and will pass a speaking order within 30 days from the date of receipt of copy of order. In case the complainant feels aggrieved by the speaking order passed by the opposite parties, he will be at liberty to file the fresh complaint. There shall be no order as to costs. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)             (SanjeevBatra)

Member                         Member                            President

 

Announced in Open Commission.

Dated:25.04.2023.

Gobind Ram.