Punjab

Ludhiana

CC/21/310

Pardeep Kumar - Complainant(s)

Versus

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

Sandeep Kapoor Adv

15 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 310 dated 21.06.2021                     

                                   Date of decision: 15.11.2023  

Pardeep Kumar aged about 65 years son of Shri Harbans Lal Kapoor, resident of House No.D-191, South City, Ludhiana.                                                                                                                                            ..…Complainant

                                                Versus

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

2.The S.D.O., Punjab State Power Corporation Limited, Division Aggar Nagar, Ludhiana.                                                                                                                                                                                        …..Opposite Parties

           Complaint under Section 35 of the Consumer Protection Act, 1986

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh. Amarjyot Singh, Advocate.

For OPs                         :         Sh. Varinder Kumar, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           Briefly stated, the case of the complainant as alleged in the complaint is that he is a Senior Citizen and is holder of electricity connection bearing No.3002505751 which has been installed in the property of the complainant and he has been paying the consumption charges regularly without any default. On receipt of impugned bill dated 12.06.2021 sent by OP2 to the complainant qua his abovesaid domestic electricity connection whereby illegal demand of Rs.45,150/- inclusive of sundry charges of Rs.34,728/- raised by the OPs, the complainant rushed to the office of OP2 and enquired about the said illegal demand. OP2 informed the complainant that the said demand raised on the basis of average bills which have been sent to the complainant from 12.04.2019 to 16.10.2019 qua his said domestic electricity connection by the PSPCL officers. It is claimed that at the time of raising the bill for the month of December, 2019, the PSPCL authorities had already made the demand of Rs.9040/- and when the complainant enquired about this from the OPs, then the officials of OPs told the complainant that the said amount has been raised on account of the earlier average bills and the said bills for the months of April to October, 2019 have been finalized through this bill of December, 2019. The complainant paid the said amount and thereafter also the bills were raised and the complainant has been paying the bills as per the consumption. Despite repeated requests made by the complainant to the OPs to withdraw the illegal and impugned demand of sundry charges of Rs.34,728/- as the same is not binding upon him but the OPs failed to pay any heed to the genuine requests of the complainant. Raising of such illegal demand by the OPs is claimed to be deficiency in service on their part by the complainant. So by filing the present complaint, the complainant has prayed for issuance of directions against OPs by restraining them from implementing the said demand of Rs.34,728/- and from disconnecting the abovesaid connection of the complainant along with Rs.50,000/- for committing deficiency in service and for causing harassment and mental agony to the complainant.

2.                Upon notice of the complaint, the claim of the complaint has been resisted by the OPs by filing the written statement wherein, they took the preliminary objections that the complaint is not maintainable as there is no deficiency in service on their part. In this case, the meter installed at the premises of the complainant was changed and sent to the ME Lab where it was reported that the meter is dead and the audit party vide half margin No.135 dated 19.01.2021 charged the amount of Rs.34,988/- by overhauling the accounts for the period 12.04.2019 to 16.10.2019 by taking the average of 13.04.2018 to 16.10.2018 i.e. for the same period of preceding year and the accounts were overhauled as per rules. The consumer had consumed the electricity during the said period and he has not made the payment of the actual energy consumed by him. So, the accounts were rightly overhauled as per rules and the amount was charged by way of sundry item. The amount relates to regular consumption charges and as such, the complainant is bound to pay the same. On merits, it is submitted that the demand of Rs.45,150/- is not illegal and Rs.34,988/- were added as average charges for the period 12.04.2019 to 16.10.2019 and the remaining amount is the current consumption charges. The complainant was apprised with all the details and he was also informed that Rs.9040/- relates to the further months bill. Whatever amounts has been paid by the complainant, the same also shown in the account statement. There is no reason to withdraw the said demand and the complainant was fully apprised with all the details that the amount relates to the actual energy consumed by him. The rest of the averments made in the complaint have been denied as wrong and a prayer for dismissal of the complaint has also been made.

3.                In support of his claim, the complainant tendered his affidavit Ex.CA in which he reiterated the allegations made in the complaint. The complainant also tendered document Ex. CA1 copy of half margin report dated 19.01.2021 whereby details of amount of Rs.34,988/- has been claimed from the complainant and closed the evidence.

4.                On the other hand, counsel for the OPs tendered affidavit Ex.RA of Er.Rajinder Singh, Senior Executive Engineer, Aggar Nagar Division (Special), PSPCL, Ludhiana along with documents Ex. R1 i.e. copy of job order for device replacement, Ex.R2 copy of store challan No.484 dated 7.9.2020, Ex.R3 and Ex.R4 copies of half margin report dated 19.01.2021 and detail of chargeable amount of Rs.34,988/- from the complainant, Ex.R5 is copy of chronology statement showing the payment entries by the complainant and thereafter, 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 reply along with affidavit and documents produced on record by both the parties.     

6.                    During the course of arguments, counsel for the complainant has 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 OPs whereby the arrears failing 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.”

7.                    Counsel for the OPs could not deny the fact of issuance of aforesaid circular/notice by the OPs.

8.                 Adverting to the facts of the case, the complainant has challenged the impugned bill dated 12.06.2021 for Rs.45,150/- (copy of the same has been enclosed with the complaint but not exhibited) issued for consumption of 1231 units for the period 12.04.2021 to 12.06.2021 and the same was issued for 61 days. The said bill also shows that the same includes the sundry charges of Rs.34,728/-. The amount challenged in the impugned bill is arrear/sundry charges of electricity consumption as on 31.12.2021 which has not been paid up to 30.06.2022. As such, prima-facie, waiver of the said arrears falls within the purview of aforesaid circular issued by the OPs. Though, the complainant has only challenged the impugned bill amount raised through bill dated 12.06.2021 for the amount of Rs.45,150/-. However, it will be just and appropriate, if the OPs are directed to overhaul the account of the complainant and waive off the arrears of the bill dated 12.06.2021 (if not waived off earlier). Further, at the time of deciding the interim application for restraining the OPs from disconnecting the electric connection of the complainant, vide order dated 01.07.2021, was ordered to deposit 50% of the disputed bill i.e. amounting to Rs.45,150/- within 10 days  which was deposited by the complainant with the OPs. The said amount was deposited by the complainant under the directions of this Commission is also required to be considered as waiver off while overhauling the account or adjusted in the future bills by the OPs.

9.                    As a result of above discussion, the complaint is partly allowed with an order that the OPs shall overhaul the account of the complainant and waive off the arrears of the bill dated 12.06.2021(if not waived off earlier) by passing a speaking order keeping 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. Further, the amount, if any found surplus, the same shall be adjusted by the OPs in the future bills. 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)          (Jaswinder Singh)                     (Sanjeev Batra)

Member                         Member                                       President         

Announced in Open Commission.

Dated:15.11.2023.

Gurpreet Sharma.