Punjab

Rupnagar

RBT/CC/18/38

Krishan Lal - Complainant(s)

Versus

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

Amandeep S. Singh adv

24 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDERSSAL COMMISSION, CAMP COURT AT LUDHIANA.

                                                        RBT/CC/NO/38 of 15.01.2018

                                                        Date of Decision: 24.11.2022

 

Krishan Lal @ Krishan Kumar s/o Daulat Rana R/o 237/7, New Kundanpuri , Civil Lines, Ludhiana

                                                                            …...Complainant

                                    Vs

Punjab State Power Corporation Limited, Sub division unit (1) city west special Ludhiana through AEE/XEN

                                                                            ……Opposite Party

 Complaint under Consumer Protection Act

QUORUM:-

                SH. RANJIT SINGH, PRESIDENT

                SMT. RANVIR KAUR, MEMBER

 

ARGUED BY:-

      Sh. Surinder Kashyap, Adv. For complainant

      Sh. Rajeev Malohtra, Adv. For Ops

 

ORDER:-

SH. RANJIT SINGH, PRESIDENT

      The present order of ours will dispose of the above complaint received by way of transfer from District Consumer Commission, Ludhiana, filed under Consumer Protection Act, by the complainant against the opposite parties on the ground that at the above premises an electricity connection account number 3002857913 under NRS category in the name of complainant exists which is being used for use of lamp & fan at the time of work of waste material ( abbar) meant for earning its self employment & livelihood at small scale under with the help of two persons and having no other sources of income. The OP vide its bill dated 02/10/2015 claimed Rs447899/- under sundry charges head as well as Rs12861/- under arrears current fin year. Whereas last bill dated 21/08/2015 Stand paid by the complaint for Rs3880/- as such nothing was due but on representation, it was acknowledge by the complainant from the office of respondent that said demand under sundry charges head was not relates to his account rather relates to other account holder Sanjiv Bhatia or Pardeep Singh. Complainant submitted one letter dated 1/12/2015 to chief Engineer, PSPCL but respondent never waived illegal demands. Due to non payment of total amount as claimed in bill dated 02/10/2015 , respondent claimed such charges in next billing dated 07/01/2016. Therefore despite of various representation & personal visits, respondent regularly claimed dues of other account holder with surcharges etc from the complainant in its account 3002857913 and vide billing dated 08/02/2016, respondent again claimed Rs447630/- consisting sundry charges of Rs416499/- & Rs28391/- in arrears of fin currtt year and again refused to waive the disputed amount. It is further stated tat OP vide in the bill dated 19/12/2016 claimed Rs506050/- consisting sundry charges and arrears but vide bill dated 01/2017, respondent claimed Rs675800/- under different heads including sundry charges head. However, vide bill dated 02/2017 respondent once again reduced the entire illegal charges and claimed Rs132850/- consisting arrears of current & previous year without any charges under sundry charges head. Admitted complainant filed to pay certain previous bills due to claiming of illegal charges so within the aim to pay genuine charges he visited the respondent& requested them to supply the details of Rs132850/- but respondent failed to supply the details which resulted non payment of entire bill amount and thereafter till bills dated 20/07/2017 for Rs 193270/- alongwith arrears was claimed by respondent without any sundry charges head. However, the OP vide bill dated 21/08/2017 once again claimed Rs601950/- consisting sundry charges of Rs396057/- & arrears of pre fin year Rs152275/- and Rs48779/- for current financial year and till the issuance of bill dated 11/2017 for Rs661970/- respondent has not withdraw their illegal demands till dated& still claiming illegal demands with heavy surcharges. Due to non payments of entire illegal bills till 11/2017 , respondent succeeded in disconnecting the electricity supply as on / / 2017 and respondent further refused to reconnect the supply till payment of entire bill amount dated 20/11/2017 . Bills dated 20/10/2015 to till dated are illegal, false & arbitrary and  same are not payable by the complainant due to claiming of dues of other account holder without any justification & liability of the complainant and connection  of other account holder was never existing in the Premises of the complainant and complainant has never used the electricity supply of  connection of other account holder and the complainant is even unknown to such person. Due to no payment of illegal demand relates to other account holder was never existing in the premises of the complainant and complainant had never used the electricity supply of connection of other account holder and the complainant is even unknown to such person. Due to no payment of illegal demand relates to such person. Due to no payment of illegal demand relates to other account holder from 10/2015 till 11/2017 & till dated, respondent created the huge amount under different heads illegally & falsely with surcharge while adding amounts of bill dated 10/2015 in next future bills and till dated 11/2017 respondent created the false amount of Rs661970/- as such seeking no other effective remedy, present complainant is being preferred by the complainant for rederssal of grievance of the dispute involved. Earlier an complaint was filed with Hon’ble Forum but due to some defects in the said complainant said complainant was  withdrawn on 15/01/2018  and now on same cause of action fresh complainant is being preferred. Thus, alleging deficiency in service the complainant has sought the following relief against the OPs:-

1. That bills 10/2015 till 11/20107 consisting amount of Rs661907/- with surcharge date consisting sundry & arrears of current & previous year may kindly be quashed and respondent be also directed to prepared & claim the said bills as per consumption after adjusting paid amount if any. Restoration of the supply of account number 3002857913 ( NRS) be allowed  and respondent be restrain from claiming any bills during the period of illegal disconnection. Respondent be also held liable for rendering deficient & negligent services with unfair trade practice & be penalized to Rs 1 Lakhs compensation to complainant for suffering physically, mentally & financially.
2. Upon notice, the OPs have filed written reply taking preliminary objections; that present complaint is not relates to rendering of deficient/ negligent services qua the electricity connection number 30028579139 ( Old Number GT41/4080) rather same relates to transferring of dues of previous owner of the same premises into the account of the complainant as such complaint is not maintainable against the PSPCL and same is not a consumer  dispute hence complaint deserves to be dismissed; that present complainant of the complainant is not maintainable in the present form and its merits dismissal; that no elements of deficiency in service qua the electricity connection number 3002857913 so far involved in the present case hence complainant under the provisions of C.P. Act, 1986 is not maintainable; that demand is legal and recovered from complainant being owner of defaulter premises. Earlier in fact, demand in dispute of the previous owner of the premises owned by the complainant was claimed from Sanjiv Bhatia vide his electricity account number 14/4606 but vide his letter dated 01.07.2014 said consumer disclosed that his own electricity connection is running at 18, Upkar Nagar, Civil lines, Ludhiana and he has no concern with the defauleter amount of pardeep Dewan. Therefore PSPCL made the inspection to the Premises of Krishan Lal & vide LCR number 53/1 dated 22/07/2014, official of the PSPCL reported that premises of the said connection was conducted on the basis of complainant and they concluded that earlier in the said premises connection no. MS/23/129 of Pardeep was existing whose defaulter amount was transferred to Sanjiv Bhatia. In the defaulter premises owned by krishan Lal, now electricity connection number GT41/4080 in the name of Krishan Lal, exists so on the basis of said LCR, after verification of record PSPCL transferred the said defaulter amount vide SCA 26/73/432 to the present electricity connection number GT41/4080( new 30028579139) owned by Krishan Lal in the bill dated 02/10/2015 under Sundry charges head for Rs 4,47,897/- as such complaint filed by complainant is false and frivolous and it is liable to dismissed being without any merits and the complainant also has suppressed and concealed material facts and no cause of action has accrued to the complainant against the respondent to file the present complainant. Therefore is no deficiency in services on the part of the respondents. On merits, it is stated that the demand is legal & recoverable according to provision of PSPCL. Complainant is also defaulter of actual consumption Charges No. wrongful act so far done by official of the respondent and they acted as per provisions of rules/ regulations of PSPCḶ. Thus, alleging no deficiency in service on the part of the Ops and prayed for dismissal the present complaint.

3.        The learned counsel for the complainant has closed the evidence after tendering certain documents. On the other hand, the learned counsel for the OPs has also closed the evidence after tendering certain documents

4.       We have heard the learned counsel for the parties and have gone through the record file, carefully and minutely.

5.         It is important to mention here that the complainant has approached this Commission, directly without approaching the appellate authority of the Punjab State Power Corporation Limited whereas the complainant should have gone to the competent authority first but the complainant come directly to this Commission. Punjab State Power Corporation has constitute the appellate authority for its consumers to redress their grievance.

6.       In view of our above discussion, the complaint stands disposed of with the direction to the complainant to approach the appellate authority of PSPCL for redressal his grievance. The OP (PSPCL) is also directed to redress the grievance of the complainant as per rules. Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the Record Room.

•  

November 24, 2022

                                                                                                          (Ranjit Singh)

                                                                                                             President

                                     

 

(Ranvir Kaur)

                                                                                                            MEMBER