BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.607 of 2019

      Date of Instt. 27.12.2019

                Date of Decision: 07.08.2024

Harsh Gupta son of Shri Umesh Gupta, resident of House No.61-B, Hardyal Road, Jalandhar Cantt.

..........Complainant

Versus

1.       Punjab State Power Corporation Limited, The Mall, Patiala      through its Chairman.

2.       The Sub Division Officer, Punjab State Power Corporation     Limited, Birring Sub Division, Jalandhar Cantt.       

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       None for the Complainant.

                   Sh. K. L. Dua, Adv. Counsel for OPs.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant is consumer of electricity connection bearing Account No.3004684331 is installed in the said property. For the last about one year, the above electricity meter went out of order. The complainant brought the matter to the notice of the OP No.2, but to no effect. The Meter Reader of the OPs used to visit the premises in order to note the reading and after informing the Department, average bills were issued. But the grievances of the complainant were not redressed. All the times, inflated bills were issued to the complainant, which inflated ever time and accumulated in a huge amount. The OPs issued latest bill dated 06.11.2019 for a sum of Rs.1,62,270/- which is quite inflated and exorbitant. The complainant reported the matter to the OPs, but OPs did not consider the genuine request of the complainant. The act and conduct of the OPs is clear cut negligence and deficiency in service and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to revise and rectify the impugned bill as per actual average and consumption trend of the complainant as per actual consumption and to waive illegal and unnecessary interest and charges levied on the amount of the impugned bill and further OPs be directed to pay a compensation of Rs.50,000/- to the complainant for causing mental tension and harassment to the complainant.

2.                Notice of the complaint was given to the OPs, who filed reply and contested the complaint by taking preliminary objections that the complainant had not been making the payment of the bills in respect of the consumption of the electricity without any reasonable cause and is continuing defaulter in respect of the payment of the bills, raised from him, on account of consumption of electricity, so the amount was correctly raised from the complainant and he is legally bound to pay the same. It is further averred that the present complaint is misuse of the process of this Forum. It is further averred that the complainant has filed this false and frivolous complaint, with malafide intention, just to delay and avoid the legal outstanding payment in respect of the electricity consumed. It is further averred that no cause of action arose to the complainant to file the present false and frivolous complaint. It is further averred that the complainant issued two cheques on 31.12.2019 and on 15.01.2020 for Rs.49,000/- each, but both the cheque were dishonoured on presentation. The complainant is trying to take the benefit of his own wrongs. It is further averred that the complainant has not produced on the file any receipt in respect of the payment of the bills in respect of the electricity consumed, which proves his malafide intention. On merits, it is admitted that the electricity connection having account No.3004684331 is installed in the property in question. It is also admitted that the complainant is actual user and consumer of the electricity connection, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder not filed by the complainant.

4.                In order to prove their respective versions, both the parties have produced on the file their respective evidence.

5.                We have heard the learned counsel for the OPs only as none has appeared on behalf of the complainant and have also gone through the case file very minutely.

6.                It is admitted that the electricity connection, having account No.3004684331, is installed in the property in question. It is also admitted that the complainant is the actual user and consumer of the electric connection. The complainant has alleged that about one year ago, the electricity meter went out of order. The complainant brought this matter to the notice of the OP, but the meter was never changed rather the bill dated 06.11.2019 was issued for Rs.1,62,270/- illegally. The OP cannot issue the bill in case the electricity connection is out of order. The amount of the bill is inflated and exorbitant and is against the consumption trend of the complainant. The complainant’s grievance is that there is unfair trade practice and deficiency in service by the OP in issuing the bill in case of defective meter. The bill has been alleged to be illegal.

7.                The Ld. Counsel for the OP has submitted that the bill issued by the OP is legal and genuine and is based on actual consumption. The complainant has not been making the payment of the bills in respect of the consumption of the electricity. The complainant has alleged the meter to be defective, but the meter is defective for the last six months i.e. from June, 2019, but he has not made the payment since 04.07.2017. Two cheques were issued by the complainant, which were dis-honoured.

8.                The complainant has proved the bill Ex.C-1, which is for Rs.1,62,270/-. This bill was for the period of 09.10.2019 to 06.11.2019. The OP has produced on record the consumption data of the complainant’s electricity connection Ex.OP-2 which show that the meter has been shown defective from 30.06.2019 onwards till 10.01.2020, whereas prior to 30.06.2019, the bill has been shown as a normal and due consumption has been mentioned in this bill. Ex.OP-7 clearly shows the amount due towards the complainant since 14.08.2017. The bill number has also been mentioned in this document. Two cheques were given by the complainant, which have been proved as Ex.OP-3 and Ex.OP-5. Memo of both the cheques Ex.OP-4 and Ex.OP-6 shows that the same were returned due to funds in sufficient. The complainant has not produced on record any letter written to the OP making request to change the meter as his meter is out of order as alleged by him in the complaint. No representation was ever made. As per record produced by the OP, the complainant has not made the payment of the electricity bill since 2017. In Ex.C-1/OP-1, the arrears of the previous years have been mentioned. The complainant has not proved that how the bill is bad and illegal. He has not produced on record any previous bill or receipt showing that he has been making the payment of the bills from time to time and nothing is due towards him, nothing has been proved by the complainant. Thus, the complainant has failed to prove any deficiency in service and unfair trade practice on the part of the OPs and accordingly, the complaint of the complainant is without merits and the same is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.

9.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

07.08.2024         Member                          Member                President