Punjab

Ludhiana

CC/21/28

Satish Khullar - Complainant(s)

Versus

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

M.S.Sethi

30 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 28 dated 18.01.2021                                                Date of decision: 30.10.2023  

Satish Khullar s/o Gurcharan Dass, #1400-H, Opp.Dairy Complex, Hambran Road, Ludhiana-141001.                                                                                                                                                                             ..…Complainant

                                                Versus

1.Punjab State Power Corporation Limited., Aggar Nagar Special Division, West City, Ludhiana-141004 through its authorized signatory.

2.Punjab State Power Corporation Limited, Head Office, The Mall, Patiala through its authorized signatory.                                                                                                                                            …..Opposite Parties

Complaint under Section 12 of the Consumer Protection Act, 2019

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.M.S.Sethi, Advocate.

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

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           Briefly stated, the facts of the complaint are that the complainant is having the electricity connection bearing account No.3015049463 under domestic tariff with 8KW load which is being used for residential need and the complainant has been electricity bills regularly as issued by the OPs. The OP1 issued the bill on 16.10.2020 for Rs.1,00,500/- for 11010 units for the period 28.07.2020 to 16.10.2020 against the reading old as 95 and new as 11105. Complainant approached the OP1 with a request to rectify the wrong bill and on the written request dated 23.10.2029 of the complainant, the OP1 inspected the meter on 04.01.2021 and it was reported that after receiving the meter challenge fee from the consumer, the meter be got checked from ME lab after removing. The complainant immediately deposited the meter challenge fee of Rs.680/- on 4.1.2021 but despite receiving the fee, the OPs have not changed the defective meter as well as for sending the same to ME Lab for internal checking but till date the meter was not checked in ME Lab. The complainant had visited the Ops on various times but instead to replace the defective meter, OPs threatened to disconnect the meter if the complainant is not ready to deposit the disputed bill amount voluntarily. It is claimed that the complainant never utilized 11010 units for the period 28.07.2020 to 16.10.2020(80 days @137.625 units per day). The demand of Rs.1,00,530/- against 11010 units vide bill dated 16.10.2020 is claimed to illegal, arbitrary and amounts to deficiency in service on the part of OPs. In the end, the complainant has prayed for setting aside the bill dated 16.10.2020 for Rs.1,00,500/- and to charge the bill in question on the basis of previous year consumption reading or subsequent consumption read for the same period. Further, prayed for issuance of direction against OPs to refund the excess amount received from the complainant along with compensation of Rs.1 lac and litigation expenses of Rs.11,000/-.

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 the same has been filed on the basis of mis-representation of facts. Complainant has himself challenged the working of meter and thus, on his request, the meter change order was issued on 04.01.2021. The challenged meter was removed from the site as per rules of the OPs and notices were issued to the complainant to come present in ME Lab, so that challenged meter be checked in his presence, but he had not turned up in ME Lab. So, last and final registered notice was issued to the complainant and after issuing the notice, meter was checked in ME lab through store challan No.375 dated 05.04.2021 and despite of receiving final notice, complainant malafidely not come present in ME Lab on 05.04.2021 reason best known to him. In ME Lab, meter was checked and working of the challenged meter was found within limit. So, whole recorded consumption of units consumed by the complainant through challenge meter was held recoverable which comes to Rs.1,00,500/- qua the consumption of 11010 units. On merits, it is submitted that the complainant has consumed electricity for 80 days to the tune of 11010 units and he was accumulating the reading earlier in connivance of Meter Reader and thus, he was managed reading and was paying less bills then actual consumption of units and was causing huge financial loss to the OPs. The bill in question is correct and is fully recoverable from the complainant.

 

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 documents Ex. C1 i.e. copy of application moved by the complainant to the OPs, Ex.C2 is copy of self declaration letter, Ex.C3 is copy of consumer checking register, Ex.C4 is copy of receipt of meter challenge fee, Ex.C5 is copy of meter replacement order, Ex.C6 to Ex.C14 are copies of electricity bills issued by OPs to the complainant, Ex.C15 is copy of electricity supply instructions manual, Ex.C16 is copy of supply code of PSPCL effective from 1.1.2015 and thereafter, closed the evidence.

4.                On the other hand, counsel for the OPs tendered affidavit Ex.RW1/A of Sh.Daljit Singh, Senior Executive Engineer, Aggar Nagar Division Special, PSPCL, Ludhiana along with documents Ex. R1 to Ex.R3 i.e. copies of notices issued by OPs to the complainant, Ex.R4 is copy of job order for device replacement, Ex.R5 is copy of store challan, Ex.R6 is copy of postal receipt 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 16.10.2020 for Rs.1,00,500/- issued for consumption of 11010 units for the period 28.07.2020 to 16.10.2020 and the same was issued for 80 days for the period 28.07.2020 to 16.10.2020. The complainant has also placed on record bills Ex.C6 to Ex.C12 and same were issued for the period w.e.f.20.02.2020 to 28.07.2020. Further, bill Ex.C14 issued by the OPs for the period w.e.f.16.10.2020 to 19.12.2020 shows the consumption of units which were issued by the OPs for the amount of Rs.1,18,630/- and the same were shows that consumption of units 1617 as on 19.12.2020 by the complainant. The bills Ex.C13 and Ex.C14 are shows the adding of arrears of previous bills and the total was comes to Rs.1,00,500/- in Ex.C13 and Rs.1,18,630/- in Ex.C14. The amounts challenged in the impugned bills are arrears of electricity consumption as on 31.12.2021 which has not been paid upto 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 bill Ex.C13 for the amount of Rs.1,00,500/. 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 bills demanded through Ex.C13 and Ex.C14 (if not waived off earlier). Further, at the time of filing of the complaint, the complainant was ordered to pay a sum of Rs.50,000/- out of the disputed amount 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 bills Ex.C13 and Ex.C14 (if not waived off earlier) 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. 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:30.10.2023.

Gurpreet Sharma.