BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

  Complaint No.455 of  2019

      Date of Instt. 27.09.2019

      Date of Decision: 05.06.2024

Pawan aged 38 years s/o Sh. Gurpal Chand, R/o V.P.O. Manko, Tehsil Adampur, Distt. Jalandhar.

..........Complainant

Versus

1.       Punjab State Power Corporation Ltd., through Managing         Director The Mall Patiala.

2.       Sub Divisional Officer, Punjab State Power Corporation Ltd., Sub Division Adampur, District Jalandhar.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Sh. Shekhar Prabhakar, Adv. Counsel for the Complainant.

                   Sh. D. R. Seth, Adv. Counsel for the OPs.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the electricity connection bearing account No.DK-22/0773 in dispute is in the name of the complainant. The OPs are engaged in providing electricity for charges and account of the complainant falls within the jurisdiction of OP No.2. The OPs have been regularly charging the bill from the complainant and the same is being paid as per demand raised by the OPs. The OPs have already been accepting the charges paid by the complainant. The complainant belongs to Scheduled caste category and he is getting the facility of free electricity consumption upto 200 units per month (400 units per bill) as per the policy of the state govt. and OPs. In the month of October, 2016 the reading of meter of the complainant suddenly shown in the electricity consumption bill was noted down as 2679 units and the opp. parties raised an outstanding amount of Rs.16,960/- which were much more that the actual consumption of the complainant. The complainant accordingly made a complaint to OP No.2 and requested them to inspect and verify the meter reading as the consumption of the complainant never exceeded 300 units. The complainant had also made an application to OP No.2 to refer his case to Dispute settlement committee on 01.03.2019. On the complaint of the complainant, the OP No.2 directed the complainant to deposit the meter challenge fee of Rs.120 which was deposited by the complainant and the meter was changed. Apart from meter challenge fee the D.S. Committee had also got deposited an amount Rs.5520/- Thereafter on the case of the complainant was referred to the D.S. Committee of the opposite parties and the report of the said committee was come in favour of the complainant. The finding of the report of the D.S. Committee observed that there was no fault in the meter of the complainant but amount of Rs.5520/ was not returned which was got deposited by the complainant. After the said enquiry when the matter was decided by the committee in favour of the complainant that there is no fault on the part of the complainant OP No.2 had sent the complainant various electricity bills but no concession of free 200 units has been granted to the complainant for he was entitled. The complainant cleared the said bills in compelling circumstances. The detail of the said bills and receipts are as given below :-

1.       Bill of Rs. 4500/- deposited by the complainant, vide receipt    no.133 dated 08/03/2017.

2.       Bill of Rs. 730/- deposited by the complainant, vide receipt no.66     dated 15/06/2018.

3.       Bill of Rs. 910/- deposited by the complainant vide receipt       no.134 dated 23/08/2018

4.       Bill of Rs. 1122/- deposited by the complainant vide receipt     no.90 dated 06/11/2018

5.       Bill of Rs. 1390/- deposited by the complainant vide receipt     no.50/352 dated 09/01/2019

6.       Bill of Rs.970/- deposited by the complainant vide receipt        no.128373835 dated 09/03/2019.

                   The said bills were arbitrarily sent by the OPs and forced the complainant to deposit the same. The complainant served a notice to the OP No.2 that his concession of free units is not being restored by the OPs. After receiving the notice the said concession was restored but the amount got despoiled above said was not returned back. Thus there is serious deficiency on the part of the OPs in rendering proper services to the complainant. This act on the part of the OPs is malafide act 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 pay an amount of Rs.75,142/- as compensation to the complainant in the interest of justice, equity and fair play.           

2.                Notice of the complainant sent to the OPs, who filed reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable as the charges have leveled as per actual consumption recorded. The bill dated; 23.6.2019 was that of (-) Rs.7203/- and Bill dated 25.8.2019 was also that of (-) Rs.7203/-. As such there is no deficiency or negligence in service on the part of the respondents. It is further averred that the complainant does not have any cause of action against the respondents. It is further averred that the complainant is estopped by his own act and conduct from filing the present complaint, As the complainant has willfully approached the Dispute settlement Committee an Competent Authority of the respondents to get his dispute decided which was decided by the Dispute Settlement Committee on 14.12.2017. It is further averred that the complaint is bad for mis-joinder and non-joinder of necessary parties. On merits, it is admitted that

3.                Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.

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 respective parties and have also gone through the case file very minutely.

6.                It is admitted that the complainant is the consumer and is user of the electricity connection bearing No.DK-22/0773, which is in the name of complainant. The complainant has alleged that the complainant belongs to scheduled caste and as per the notification of the govt., he is getting the facility of free electricity consumption upto 200 units per month i.e. 400 units per bill as per the policy of the State Govt. He has produced on record the copy of certificate for scheduled caste Ex.C-5 and Ex.C-6, which shows that the complainant belongs to ‘Ad-Dharmi’ caste and the same has been recognized as a scheduled caste.

7.                It is also admitted that in the month of October, 2016 the consumption bill of the complainant was shown as 2679 units and the charges were shown as Rs.16,990/-. It is also admitted that the complainant challenged the meter by making a complaint to the effect that his consumption never exceeds 300 units and he also made request to refer his case to Dispute Settlement Committee which is evident from Ex.C-1. He has deposited Rs.120/- as a meter challenge fee, which was deposited by the complainant. As per the directions of the Dispute Settlement Committee, he also deposited Rs.5520/-, which is evident from Ex.C-3. The report of the Dispute Settlement Committee has been proved as Ex.C-2. The complainant has alleged that as per the Dispute Settlement Committee, it was observed that there is no fault on the part of the complainant and various bills have been sent to the complainant without any concession to the complainant of 200 units. The Complainant has demanded the amount of Rs.75,142/- including the amount of Rs.15,142/- paid by him on account of bills and amount of Rs.5520/- which was got deposited by Dispute Settlement Committee. Vide Ex.C-3, he has given the detail of the receipts number and the bill, but he has not produced on record any of the bill except the bill dated 06.05.2019, which is not in the list of the bills regarding which the complainant has claimed the amount of Rs.15,142/-.

8.                The contention of the OP is that as per the report of the Dispute Settlement Committee, who decided not to charge any other amount except the amount of Rs.5520/- deposited by the complainant as 20% of the disputed amount. The OPs have produced on record the letters written by the complainant Ex.OP-1, consumption data of complainant Ex.OP-2. Again letter of the complainant for putting his case before Dispute Settlement Committee and reply by the JEE, in which there was noting that the bill dated 23.06.2019 is (-)7203 and the bill dated 25.08.2019 is also (-)7203. It was also mentioned that the consumer belongs to WSD Category and detail has been mentioned on this document. The report has been proved as Ex.OP-4.

9.                Perusal of Ex.C-2 shows that in the meeting of Dispute Settlement Committee, it was observed that after analyzing the three years consumption of the complainant, it was found that there is no much consumption of the electricity by the complainant during the last few months and the consumption shown in the month of October, 2016 of 2679 units seems to be abnormal. It was decided in the meeting that there is nothing due towards the complainant except the amount of Rs.5520/- deposited by the complainant, nothing is to be charged from him. Thus, as per the decision taken in the Dispute Settlement Committee, only Rs.5520/- were to be charged from the complainant. During the course of arguments, the complainant has produced on record the bills and the receipts showing that he has already deposited the amount mentioned in the complaint in Para No.8 at serial no.2 to 6. Perusal of the bills and receipts show that these are amount of bill deposited by the complainant shown at serial no.2 to 6. There is no bill or receipt showing that the complainant has deposited Rs.4500/- as alleged by him vide receipt No.133 dated 18.03.2017. Since as per the decision of Dispute Settlement Committee, nothing is due towards the complainant and the bill of 2679 units is abnormal, therefore, the amount of Rs.5122/- in total shown against the payment deposited by him at serial No.2 to 6 in para no.8 of the complaint, is liable to be refunded/adjusted as the amount of Rs.5520/- has already been deposited by the complainant.

10.              In view of the above detailed discussion, the complaint of the complainant is partly allowed and the OPs are directed to refund the amount of Rs.5122/- to the complainant or adjusted in future bill and further OPs directed to pay compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.5000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

11.              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     

05.06.2024         Member                          Member           President