Punjab

Ludhiana

CC/16/193

Sunil Kpoor - Complainant(s)

Versus

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

compl.in person

23 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

Consumer Complaint No. : 193 of  09.03.2016

   Date of Decision    :   23.11.2016

 

Sunil Kapoor son of Sh.Ram Nath Kapoor son of Sh.Gurmukh Dass, resident of Block-1, House No.631/09, Kundanpuri, Civil Lines, Ludhiana-141001.

….. Complainant

Versus

1.Punjab State Power Corporation Limited, U-1, Fountain Chowk, Ludhiana-141001, through its X.E.N/S.D.O.

2.Punjab State Power Corporation Limited, Patiala through its Chairman.

…Opposite parties

 

                   (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

SH.G.K.DHIR, PRESIDENT

MRS.VINOD BALA, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant                      :         In person

For OPs                         :         Sh.G.S.Pahwa, Advocate

 

PER G.K DHIR, PRESIDENT

 

1.                          Earlier electric connection No.W41/KF05/0347K was in the name Sh.Ram Nath, the deceased father of the complainant. Death of Sh.Ram Nath took place on 23.2.1997 and since thereafter, the complainant has been paying the electricity bills regularly. Complainant filed an application dated 20.1.2014 for transfer of name in record from his father to self and cash amount of Rs.50/- was   paid to Ops vide receipt No.118 dated 23.1.2014 for the purpose. Thereafter, on 2.4.2014, the complainant received electricity bill No.134 dated 2.4.2014 for Rs.820/- in his name. That bill was paid vide cheque of Rs.820 dated 4.4.2014, but perusal of receipt No.71 dated 4.4.2014 shows as if the same was issued in the name of Sh.Ram Nath. Complainant made request to the concerned staff manning the billing cash counter as well as the concerned S.D.O. for issue of receipt in the name of account holder(complainant), but to no avail. Complainant again visited SDO of OP1 on 11.4.2014 for issuing direction to the concerned Clerk of OP1 for issue of correct receipt, but to no avail. Similar request through letter dated 11.4.2014 was sent, but no reply received. No receipt in the name of account holder supplied till date and as such, virtually amount of Rs.850/- remained unpaid against the above mentioned bill, as a result of which, arrears of Rs.891/- including late fee has been shown in the immediate next bill bearing No.5491 dated 27.5.2014. It is claimed that Ops have indulged in unfair trade practice. Earlier complaint No.16/116 against Ops was filed on different facts and on different grounds. So, prayer made for directing the Ops to issue receipt of bill No.134 of 2.4.2014 in the name of complainant. Compensation for Rs.50,000/- along with punitive and exemplary costs of Rs.35,000/-, but Rs.11,000/- as litigation expenses sought with prayer of issuing any other direction as this Forum deems appropriate.

2.                In written reply submitted by OPs, it is claimed as if the complaint is not maintainable because there is no deficiency in service on the part of Ops. Amount of Rs.820/- plus Rs.71/- plus Rs.153(total Rs.1044/-) had been adjusted vide sundry register entry and the same fact reflected in the ledger books through entry in the account No.KF-05/347-K. Complainant is fully aware of this fact that amount has been refunded and adjusted and as such, virtually he has filed the false and frivolous complaint. Admittedly, the above said electric connection was in the name of Sh.Ram Nath, father of the complainant and on application of the latter, connection was transferred in his name. On request of the complainant, amount of receipt No.71 dated 4.4.2014 stands adjusted/refunded in his electric account in question. It is denied that amount of Rs.850/- remains unpaid. Rather, that amount has been adjusted by way of entry in the sundry register as well as the ledger book. Each and every other allegation of the complaint denied.

3.                Complainant to prove his case tendered in evidence his affidavit Ex.CA along with documents Ex.C1 to Ex.C5 and then closed the evidence.

4.                On the other hand, counsel for the OPs tendered in evidence affidavit Ex.RA of Er.Sanjeev Prabhakar, Additional S.E. along with documents Ex.R1 and Ex.R2 and thereafter, closed the evidence.

5.                          Written arguments submitted by the parties. Oral arguments even heard and records gone through minutely. 

6.                After going through the oral and written arguments as well as the  contents of bill Ex.C3 and receipt Ex.C4, it is made out that the bill dated 2.4.2014 for amount of Rs.820/- in question was issued in the name of Sunil Kapoor(complainant), but receipt Ex.C4 for payment of the same amount was issued in the name of Sh.Ram Nath on 4.4.2014. So, certainly submission advanced by complainant has force that though the bill Ex.C3 was issued in his name, but receipt Ex.C4 qua payment of bill issued in the name of his deceased father. It is admitted in the written statement of Ops that after death of Sh.Ram Nath and on submission of application by the complainant, electricity account in question stood transferred from the name of Sh.Ram Nath to complainant. That application for transfer was filed by the complainant on 20.1.2014 by paying Rs.50/- through receipt No.118 dated 23.1.2014 is the assertion contained in the complaint and that fact has not been denied at all in the written statement and as such, the same fact is proved. If such transfer of name had taken place, then certainly receipt Ex.C4 must have been issued in the name of account holder, who is the complainant Sunil Kapoor and that is why bill Ex.C3 issued in his name. However, issue of receipt Ex.C4 in the name of Sh.Ram Nath paved way of issue of next bill Ex.C5 by mentioning as if earlier arrears of Rs.891/- stands due from the complainant to Ops and that is why this bill for amount of Rs.2640/- was issued. In Ex.C5, Rs.891/- shown as sundry charges or the earlier arrears. As payment of Rs.820/- was already made by the complainant through receipt Ex.C4 and as such, Ops or its officials before issue of bill Ex.C5 must have adjusted the above referred amount of Rs.820/- and not shown Rs.891/- as sundry charges or arrears of earlier bill in current bill i.e. in Ex.C5. That has been done, due to which, the complainant stood harassed, resulting in submission of request Ex.C1 by him through postal receipt Ex.C2 and that is why adjustment of the paid amount done through entries in sundry register and ledger book produced on record as Ex.R1 and Ex.R2 by Ops. Even if such adjustment was done, but despite that the complainant had to exert for getting bill corrected and as such, for this harassment suffered by the complainant, he need to be compensated with some meager amount, so as to ensure that Ops or its officials does not commit such mistake in future. Complainant has to file this complaint and as such, he is entitled for meager litigation expenses also, particularly when Ops have admitted the claim of the complainant through written statement virtually and the complainant has not engaged any counsel. Receipt of bill No.134 dated 2.4.2014 Ex.C3 for amount of Rs.820/- will be deemed to be issued in the name of complainant by the Ops is also direction issued through this order, so that the dispute in future with respect to outstanding amount of Rs.820/- does not arise.

7.                Therefore, as a sequel of the above discussion, present complaint allowed in terms that receipt of bill of No.134/- dated 02.04.2014 for Rs.820/- will be deemed to be issued in the name of the complainant by Ops. Compensation for mental harassment and agony of Rs.1000/-(Rupees One thousand only) and litigation expenses of Rs.1000/-(Rupees One thousand only) more allowed in favour of the complainant and against OPs. Compliance of above said directions be made within 30 days from the date of receipt of copy of this order. Copies of order be made available to the parties free of costs as per rules.

8.                File be indexed and consigned to record room.

 

 (Vinod Bala)                                           (G.K.Dhir)

 Member                                                     President

Announced in Open Forum

Dated:23.11.2016

Gurpreet Sharma.