Punjab

Ludhiana

CC/21/25

Harpreet Singh - Complainant(s)

Versus

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

Satinder Kumar Adv.

14 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:  25 dated 14.01.2021.                                                         Date of decision: 14.03.2024. 

 

Harpreet Singh S/o. Late S. Gurdial Singh, Aged about 42 years, R/o. H. No.4, Sector 1-A, Guru Gyan Vihar, Ludhiana.                                                                                                                                          ..…Complainant

                                                Versus

1. The Executive Engineer, Punjab State Power Corporation Limited, Model Town, Ludhiana-141002.
2. The Assistant Executive Engineer (Commercial), Punjab State Power Corporation Limited, Model Town, Ludhiana-141002.                         
3. Punjab State Power Corporation Limited, The Mall, Patiala-147001 through its Managing Director/Chairman.                                                                                                                            …..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Kanwarjit Singh, Advocate.

For OPs                          :         Sh. A.S. Walia, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

 

1.                In brief, the facts of the case are that the complainant is resident of H. No.4, Sector 1-A, Guru Gyan Vihar, Ludhiana which was earlier known as only Guru Gyan Vihar without any sector number or house number. As per record of the OPs, one electricity connection bearing consumer No.W31GT314464F and contract A/c. No.3002849862 was installed in his name on the pole of street at H. No.2, Sectdor-2, Guru Gyan Vihar, Basant Enclave, Ludhiana and he was using electricity from said connection. The complainant stated that he has been regularly paying electricity charges to the OPs and never defaulted in making arrears of electricity charges.  His average bill was between Rs.5000/- to Rs.10,000/- as depicted in bill dated 05.11.2019 for Rs.5560/- for consumption of 586 units and bill dated 03.12.2019 for Rs.9550/- for consumption of 929 units as per reading noted down by the OPs regularly.

                   The complainant further stated that in March 2020, Covid-19 Pandemic was on peak and lockdown was imposed in whole country due to which business and profession activities were stopped. He was shocked to receive bill dated 08.08.2020 for Rs.1,40,850/- while he made payment of Rs.25,030/- on 06.03.2020 for bill dated 11.01.2020 and he also received bill 03.07.2020 for an amount of Rs.37,630/- which was paid by the complainant on 20.07.2020. However, the OPs illegally issued bill dated 08.08.2020 for an amount of Rs.1,40,850/- and also issued bill dated 08.08.2020 for consumption of 15405 units for an amount of Rs.1,10,420/- and both bills are having different number and different amount. Whereas from 11.01.2020 to 03.07.2020 only 6329 units were consumed by the complainant which he deposited with the Ops and nothing was due against him. On receipt of bill dated 08.08.2020 for Rs.1,40,850/- for consumption of 15405 units in only 36 days, the complainant on 11.08.2020 moved an application to OP2 for checking of meter but as the concerned official was quarantined, his application was entertained by the SDO who marked the same to J.E for report. The concerned JE visited the premises of the complainant and noted down the points and submitted report with concerned SDO. In the meantime the concerned Executive Engineer (Xen) marked the application to AAO/Revenue on 28.08.2020 who reported the matter to Xen on 28.08.2020 and Xen again directed RA to look into the matter. The complainant further stated that as per directions of officials of OP2, he deposited Rs.30,000/- against disputed bill and also deposited Rs.450/- as meter challenge fee on 03.09.2020 along with Rs.2380/- as cost of new meter. But the complainant shocked to receive another bill dated 31.08.2020 for Rs.2,12,710/- but on the site of the OPs the bill dated 31.08.2020 for consumption of 1299 units for Rs.1,22,140/- has been shown which is unfair trade practice on the part of the OPs. Even the bill was not handed over to the complainant. The complainant further stated that he many times approached officials of OP2 to issue new bills on the basis of old average consumption but his requests were not heard. However, the old meter was replaced with new meter on 16.09.2020 and checking of disputed meter was conducted on 03.11.2020 which has caused wrongful loss to the complainant. Further the downloaded bill cum invoices dated 30.09.2020 shows different amounts i.e. bill No.20411300920164333 dated 30.09.2020 was for amount of Rs.-21241/- for 975 units and the other bill cm invoice No.1002996277 dated 30.09.2020 is for an amount of Rs.1,31,300/- for 458 units.  The another bill cm invoice No.20411311020160711 dated 31.10.2020 shows amount of Rs.-24643/- for 599 units and another bill cum invoice No.1002998278 dated 31.10.2020 shows an amount of Rs.1,37,120/- for 599 units. Further the OPs uploaded another bill No.20411011220133259 dated 01.12.2020 for Rs.1,41,900/- against 448 units. According to the complainant, all the bills as well as other subsequent bills are illegal, baseless and arbitrary and by demanding the said impugned bill, the OPs are threatening the complainant to disconnect the electricity supply to his meter due to which the complainant claimed to have suffered mental pain, agony and harassment etc. In the end, the complainant has prayed to declare the bills of Rs.1,40,850/-, Rs.2,12,710/- as illegal, null and void and further to direct the OPs to raised new bills on the basis of average consumption. The complainant also prayed for restraining the OPs from recovering amount of Rs.1,40,850/- and Rs.2,12,710/- and to pay compensation of Rs.2,00,000/-.

2.                Upon notice, the OPs appeared and filed a joint written statement and by taking preliminary objection assailed the complaint on the ground of maintainability; concealment of material facts etc. The OPs averred that the complainant had not availed the remedy available to him by getting his case decided from Grievances Committee constituted to settle the dispute between consumer and suppliers of electricity. The complainant has withdrawn the earlier civil suit from the court of Sh. Jagdeep Singh Marok, Special Judge, Ludhiana. The OPs further stated that the complainant is having a domestic connection with 11 KW sanctioned load bearing contract A/c. No.3002849862. Earlier meter of 6 digits bearing Sr. No.428904 was lying installed in his premises and billing was being done against said connection of monthly consumption of 5 digits and thus due to technical mistake wrong billing was being done against said connection as per reading record of said connection.  Later on mistake was corrected after 03.07.2020 and reading was recorded 106182 units and on 08.08.2020 reading was recorded 121587 and consumption of 15405 units was shown in the system and bill dated 08.08.2020 amounting to Rs.1,40,850/- was issued but the complainant inspite of depositing the said bill challenged the working of meter and on the basis of his request, Job order dated 03.09.2020 was issued and challenged the meter of 6 digits facility was removed on 16.09.2020 and final reading till 15.09.2020 was recorded 123403 units in the presence of the complainant and challenged meter was sent to ME Lab through Store challan no.799. The meter was checked in ME Lab in the presence of complainant and accuracy of the meter was found within Limit, otherwise as per consumer request it was mentioned by revenue authorities that consumption data of said connection was verified and it came to the knowledge of concerned authority that till 10/2019 meter of said connection was being shown of 5 digits in system and average consumption was being 600 units per month recorded by the meter and after that as per present consumption data, consumption is worked out 2173 units per month, as meter has been challenged by the consumer, so he has not deposited the bill of 8/2020. The OPs further stated that as per their record, due to technical mistake of 5 digits and 6 digits in software of computer system bills were not issued on actual consumption basis and when the mistake was corrected then total consumption of 15405 units were held recoverable and bill was issued which the complainant did not deposit and challenged the working of old meter. Further as per record of the connection and statement of account of the said connection for the period 03.06.2019 till 17.02.2021 a sum of Rs.1,66,097/- is still outstanding as current balance recoverable from the complainant ass arrears of consumption charges of electricity consumed by him from time to time.

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

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on Ex. C1 is the copy of bill dated 05.11.2019, Ex. C2 is the copy of bill dated 03.12.2019, Ex. C3 is the copy of bill dated 05.03.2020 of Rs.25,030/-, Ex. C4 is the copy of  receipt of Rs.25,030/-, Ex. C5 is the copy of bill dated 03.07.2020, Ex. C6 is the copy of receipt of Rs.37,630/-, Ex. C7 is the copy of bill dated 06.08.2020, Ex. C8 is the copy of bill dated 08.08.2020, Ex. C9 is the copy of application of the complainant dated 11.08.2020 regarding checking of meter, Ex. C10 is the copy of Consumer Checking Register dated 11.08.2020, Ex. C11 is the copy of bill dated 31.08.2020, Ex. C12 is the also copy of bill dated 31.08.2020, Ex. C13 is the copy of receipt of Rs.2380/-, Ex. C14 is the copy of receipt of Rs.30,000/-, Ex. C15 is the copy of receipt of Rs.450/-, Ex. C16 to Ex. C20 are the photographs of the meter, Ex. C21 is the copy of bill dated 30.09.2020, Ex. C22 is also the copy of bill dated 30.09.2020, Ex. C23 is the copy of bill dated 31.10.2020, Ex.C24 is also the copy of bill dated 31.10.2020, Ex. C25 is the copy of bi dated 01.12.2020, Ex. C26 is the copy of account statement, Ex. C27 is the copy of receipt of payment dated 03.03.2021, Ex. C28 is the copy of receipt of payment dated 04.03.2021 and closed the evidence.

4.                On the other hand, the counsel for the OPs tendered affidavit Ex. RW1/A of Sh. M.P. Singh, Additional S.E., Model Town Division Special, PSPC, Ludhiana along with documents i.e. Ex. R2 is the copy of Challan No.799, Ex. R3 is the copy of statement of account, Ex. R4 is the copy of meter reading statement, Ex. R5 is the copy of bill dated 24.11.2020 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 statement along with affidavit and documents produced on record by the both parties. We have also gone through the written synopsis submitted by the complainant.

6.             The complainant has challenged the bill dated 31.08.2020 Ex. C11 showing energy consumption of 23033 units for a period from 26.02.2020 to 31.08.2020 whereby a demand of Rs.2,12,710/- was raised by the OPs. This bill included consumption charges of previous bill dated 08.08.2020. In compliance of interim order dated 26.02.2021 passed by Predecessor of this Commission, the complainant deposited a sum of Rs.83,050/- in two installments of Rs.49,000/- and Rs.34,050/- on 03.03.2021 and 04.03.2021 respectively. The OPs in their written version have categorically stated that a sum of Rs.1,66,097/- is outstanding in the account of the complainant qua the period w.e.f. 03.06.2019 to 17.02.2021.

7.                    During the course of arguments, the counsel for the parties have 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.”

 

8.                It can also be borne from the record that the OPs extended the benefit of aforesaid circular to the complainant and waived off an amount of Rs.82,244.68 on 25.08.2022. But the amount of Rs.83,050/- which was deposited by the complainant in compliance of the orders of this Commission was not waived of. Since the amount was deposited in compliance of the orders of this Commission and as such, the arrears were part of cumulative demand of Rs.1,66,097/- raised by the OPs. So the deposited amount of Rs.83,050/-  is also required to be considered by the OPs for the purpose of waiver. In the given circumstances, it will be just and appropriate if the OPs are directed to credit the deposited amount of Rs.83,050/- in the account of the complainant within 30 days from the date of receipt of copy of order.

9.                As a result of above discussion, the complaint is partly allowed with direction to the OPs to credit the deposited amount of Rs.83,050/- in the account of the complainant by passing a speaking order 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. Keeping in view the peculiar circumstances of the case, there shall be no order as to costs. 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)                              (Sanjeev Batra)               Member                                         President  

 

Announced in Open Commission.

Dated:14.03.2024.

Gobind Ram.