Punjab

Ludhiana

CC/16/640

Hari Singh - Complainant(s)

Versus

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

compl.in person

08 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

 

Consumer Complaint No. 640 of 01.09.2016

Date of Decision            :   08.02.2017

 

Hari Singh son of Sh.Jiwan Singh r/o House No.1596, Street No.11, Dashmesh Nagar, Ludhiana.

….. Complainant

                                                         Versus

 

Punjab State Power Corporation, Janta Nagar, Gill Road, Ludhiana.

 

…Opposite party

 

 

             (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

 

QUORUM:

 

SH.G.K.DHIR, PRESIDENT

SH.PARAM JIT SINGH BEWLI, MEMBER

 

COUNSEL FOR THE PARTIES:

 

For complainant            :        Gurmeet Singh Authorized representative of 

          complainant

For OP                           :        Sh.Ajit Singh Walia, Advocate 

 

PER G.K.DHIR, PRESIDENT

 

1.           Complainant Sh.Hari Singh holds domestic electric connection No.W22GR132793H lying installed in House No.1596, Street No.11, Dashmesh Nagar, Ludhiana. Earlier, electricity consumption bills were used to be sent correctly, but in the new sent bill, an amount of Rs.8229/- shown as sundry charges. This amount shown despite the fact that nothing is due from the complainant to OP. OP are pressing the complainant to deposit this amount, but complainant claims that he is ready to pay the due amount except the impugned amount.

2.                In written statement filed by OP, it is admitted that electricity connection with sanction load of 5.98 KW exists at the house of the complainant. However, the meter of above connection became dead stop and that is why, MCO dated 20.1.2015 was issued for replacement of the dead meter with new one on 4.2.2015. Audit Party vide half margin No.37 pointed out this fact and thereafter, OP decided to overhaul the account of the said connection for period of 6 months. After adjusting the amount already deposited during the period from July 2014 to November 2014, an amount of Rs.8229/- was found recoverable as average consumption charges. That bill has not been challenged and as such,             amount alleged to be recoverable.

3.                Complainant to prove his case tendered in evidence his affidavit Ex.CA along with document Ex. C1 and thereafter, closed the evidence.

4.                On the other hand, counsel for OP tendered in evidence affidavit Ex.RW1/A of Sh.Surjit Singh, Additional S.E. along with documents Ex.R1 to Ex.R3 and then closed evidence.

5.                Written arguments have not been submitted by any of the parties, but only oral arguments were addressed and heard. Records gone through carefully.

6.                Bill Ex.C1 is showing the consumption of electricity for the period from 27.6.2016 to 29.08.2016 and same is of amount of Rs.14,365/-. An amount of Rs.8229/-has been included as sundry charges in this bill Ex.C1. No separate bill                    prior to the incorporation of this amount of sundry charges shown to be sent to the complainant and as such, virtually recovery of sundry charges through bill Ex.C1 sought in violation of principles of natural justice. Counsel for OP has placed  reliance on affidavit Ex.RW1/A of Sh.Surjit Singh, Additional SE along with documents Ex.R1 to Ex.R3 for arguing that as the meter became dead stop during November 2014 and that is why, the meter changing order Ex.R3 was issued. Meter was found defective and that is why consumption on average basis for period from July 2014 to November 2014 ordered by keeping in view the consumption during the corresponding period of July 2013 to November 2013. That fact is borne from the contents of Ex.R1. Even if this recovery on average basis may be legal  and adjustment of the previous paid amount shown to             be done for finding the due as Rs.8229/- outstanding against the complainant,     but despite that act of clubbing of the amount of the sundry charges on the basis of audit report is violative of Rule 30.1.2 contained in Chapter VII of Electricity Supply Code and Related Matters Regulations, 2007(effective from 1.1.2015)(as notified by Punjab State Electricity Regulatory Commission vide notification No.PSERC/Secy./Reg 97 dated November 5,2014 and published in Govt. of Punjab Gazette(Extra) dated November 5,2014).

7.                Latest Regulation 30.1.2 of Electricity Supply Code and Related Matters Regulations, 2007(effective from 1.1.2015)(as notified by Punjab State Electricity Regulatory Commission vide notification No.PSERC/Secy./Reg 97 dated November 5,2014 and published in Govt. of Punjab Gazette(Extra) dated November 5,2014) reads as under:-

“30.1.2:-The bill cum notice for arrears in the case of under assessment or the charges levied as a result of checking etc., shall be initially tendered separately and shall not be clubbed with the current electricity bill. The arrear bill cum notice would briefly indicate the nature and period of the arrears along with calculation details of such arrears. If the arrears are not cleared by the consumer, such arrears shall be indicated regularly in the subsequent electricity bills. However, in case arrear bill is included in the current energy bill at the first instance, the distribution licensee shall not be entitled to take any punitive action against the consumer for non-payment of such arrear amount along with the current energy bill.”

8.                Perusal of this regulation 30.1.2 also reveals that charges levied as arrears for correcting the mistake not to be clubbed with the current electricity bill. Rather, arrear bill-cum-notice to be separately issued giving brief details of the nature and period of the arrears along with calculation details of such arrears. Such bill-cum-notice not claimed or shown to be sent by the Op to the complainant before putting forth the demand in question and as such, there is violation of this latest regulation 30.1.2 also. So, even if the meter may have been changed and earlier arrears for rectification of the mistake may have been claimed by OP, despite that the impugned demand is raised not only in violation of the principles of natural justice, but also against the rules and regulations of the Board and as such, demand in question liable to be quashed, but with rider that Op will be at liberty to raise demand in accordance with law and its own rules and regulations and as per principles of natural justice, but after providing due opportunity of hearing to the complainant.

9.                As per law laid down by the Hon’ble Punjab State Consumer Disputes Redressal Commission, in case of Punjab State Electricity Board vs. Daljit Singh 2007(2)CLT-163, if the report of ME Lab is to be relied upon for raising the demand, then rules of natural justice require that an opportunity of hearing must be given to the consumer, so that he may see as to what is being done in the ME Lab regarding the removed meter. Crux of this cited case is that opportunity of hearing in accordance with the principles of natural justice must be given to one, who is to be charged with liability. That opportunity of hearing has not been given in this case and as such, there is violation of principles of natural justice.

10.              As per Instruction 93.1 contained in Electricity Supply Instruction Manual, First Edition updated till 31.3.2011 by Punjab State Power Corporation Limited, Head Office, Patiala, in case a bill is to be raised on account of defect in the metering equipment or unauthorized use of electricity etc, then separate bill has to be issued containing complete details of the charges. Copy of the relevant instructions, under which, the charges have been levied, has also to be supplied to the consumer for facilitating the quick disposal of the cases by Consumer Forums. No such separate bill shown to be sent to the complainant and nor copy of the relevant instructions under which charges to be levied, shown to be sent to the complainant and as such, violation of this rule also committed by OP, while putting forth the demand in question through a composite current bill referred above. Even regulation 124.1 of Electricity Supply provides that when an amount to be charged from the consumer as arrears on account of under assessment or for correction of the records or for rectification of mistake, then separate bill should be issued by giving complete details of the levied charges. This regulation 124.1 specifically prohibits the charges being clubbed in the current bill of the consumer. However, impugned amount has been clubbed in the current bill and as such, violation of this regulation 124.1 of Electricity Supply Code and Related Matters Regulations, 2007 also is there.

11.              Therefore, as a sequel to the above discussion, complaint allowed in terms that demand of Rs.8229/- put forth through bill Ex.C1 is quashed, but with rider that OP will be at liberty to recover the said amount after affording due opportunity of hearing to the complainant in accordance with its rules and regulations and following principles of natural justice. If such recovery to be effected, then notice in writing must be served by the Op to the complainant within 30 days from the date of receipt of copy of this order and thereafter, process of passing of final order must be completed within 3 months from the date of issue/receipt of notice by the complainant. In case, the complainant does not accept the notice to be issued by the Op, then OP may proceed ex-parte against complainant also. Compensation for mental harassment and agony of Rs.3000/- and litigation expenses of Rs.2000/- more allowed in favour of complainant and against OP. This amount of compensation and litigation expenses be paid by OP to the complainant within 30 days from the date of receipt of copy of this order. If any amount out of the impugned amount has already been paid or deposited by the complainant with OP, then the same will be adjusted in the amount to be adjudged after holding of due enquiry to be conducted after affording of opportunity of hearing to the complainant as referred above. Copies of order be supplied to the parties free of costs as per rules.

12.                        File be indexed and consigned to record room.

 

                     (Param Jit Singh Bewli)                (G.K. Dhir)

            Member                                           President

Announced in Open Forum

Dated:08.02.2017

Gurpreet Sharma.