Order by:
Sh.Amrinder Singh Sidhu, President
1. This Consumer Complaint has been received by transfer vide order dated 26.11.2021 of Hon’ble President, State Consumer Disputes Redressal Commission, Punjab at Chandigarh under section 48 of CPA Act, vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 from District Consumer Commission, Ludhiana to District Consumer Commission, Moga to decide the same in Camp Court at Ludhiana and said order was ordered to be affected from 14th March, 2022.
2. The complainant has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that complainant is the consumer of Domestic Electric Connection account No.W51/GT-510866A contact account no.3002865222 and has been regularly making the payment of each consumption bill regularly either in cash or through cheque without any delay, thus there is privity of contract between the complainant and opposite parties and the complainant is the consumer of services of the opposite parties and there is no outstanding of any arrears as the complainant has been regularly paying the electric consumption charges. The complainant purchased property bearing no.17-J, Sarabha Nagar, Ludhiana from Harbans Singh vide sale deed dated 6.11.1995 Vasika No.5842. Total sanctioned load of the above said connection is 27.300 KW and there are four Air Conditioner one of two ton and three of ½ ton are installed and there are three Refrigerators lying installed in the said premises and SFL lights and Fans. The total consumption of the abovesaid appliances comes out to be approximate 18 KW, but the sanction load is of 27.300 KW, so the consumption of the above said appliances is muchless than sanctioned load. All of sudden on dated 28.11.2016, the opposite parties issued memo no.3656 dated 28.10.2016 for the demand of Rs.43,766/- being arrears charges and threatened for disconnection of the electricity connection of complainant immediately in case the demand amount is not deposited within 15 days. Complainant on receipt of this memo accordingly visited the office of Assistant Executive Engineer Distribution, Sub Divisional Office/Divisional Office and explained them whole the position and clarified the matter on all the aspects, involved in the case of the complainant to the concerned authorities, but after hearing the complainant the authorities of the PSPCL did not withdraw the leveled arrears charges, but ordered to deposit the demanded amount immediately, if she wants to save her connection the complainant being having no other alternative and to save his connection have filed the suit in the court of J.P.S. Khurmi, Additional District Judge, Ludhiana and in which the Hon’ble Court granted exparte stay subject to depositing of Rs.50% of the amount in dispute. As per the direction the complainant deposited 50% of the disputed amount with the opposite parties and the notice was served upon the opposite parties and the opposite parties were appeared and filed written statement alongwith application Under order 7 Rule 11 CPC read with section 151 on the ground that disputed amount relates to actual consumption charges, so the complainant withdraw the complaint with permission to file the same before the Consumer Forum. The Hon’ble Court of Sh.J.P.S. Khurmi, ADJ gave permission to the complainant to withdraw the complaint and filed the same before any Hon’ble Tribunal and Forum. The abovesaid amount of the opposite parties is illegal, void, arbitrary and the same is liable to be quashed on the ground that the consumer has been regularly making the payment of each and every bill received from the opposite parties and there is no outstanding of any type of arrears against the complainant. The complainant has already deposited 50% of the disputed amount with the opposite parties as per the directions of the Hon’ble Court of Sh.J.P.S. Khurmi, Additional District Judge, Ludhiana in her suit titled as Swaran Sethi Vs. PSPCL and others. The amount claimed in the notice served upon the complainant is wrong as there is no outstanding of any type of arrears consumption charges against the complainant. The complainant approached the opposite parties and requested to give her the details of the arrears as mentioned in the notice/memo no.3656 dated 28.10.2016, but they did not paid any heed to the genuine request of the complainant. Claiming the deficiency in service on the part of the opposite parties, the complainant has filed this complaint. Vide instant complaint, the complainant has sought the following reliefs.
a) Opposite parties may be directed to quash the illegal demand of Rs.43,766/- raised by them.
b) Opposite parties may also be directed to pay Rs.50,000/- alongwith interest @ 24% p.a. as compensation on account of deficiency in service, unfair trade practice for causing mental agony, torture and harassment to the complainant.
c) And any other relief for which the complainant may be found entitled by this Forum may also be granted to complainant.
3. Opposite Parties appeared through counsel and contested the complaint by filing the written version taking preliminary objections therein inter alia that this complaint is not maintainable and merits dismissal. There is no deficiency in service on the part of the opposite parties. The true facts are that amount in question relates to the consumption charges. The round of the meter completed and the meter completed and the meter was changed on the request of the L & T Company. The final reading at the time of change of meter was 2614 and taking into consideration the last recorded reading of 97049, the consumption bill was prepared as per the report of the audit party vide its half margin no.77 dated 29.08.2016. The entire amount relates to the consumption charges of the electricity consumed by the complainant and she is liable to pay the same. The complaint is even otherwise not maintainable and merits dismissal. On merits, it is submitted that the complainant herself admits that she has purchased the property in question and she must be put to strict proof of the same. It is admitted that earlier bills as per consumption recorded by the meter installed in the premises of the complainant were paid, but the last bill after completion of the round of the meter was not paid. It is also admitted that the total sanctioned load of the electric connection is 27.300 kw. It is not a case of excess load, but it is a case of payment of the actual energy charges. It is further submitted that the notice memo no.3656 dated 28.10.2016 for the demand of Rs.43,766/- was rightly issued and detail of the amount like sale of power, electricity duty, octroi etc. is also mentioned which clearly indicate that the bill is for the consumption charges and the complainant was rightly asked to deposit the said amount within fifteen days of the receipt of the said notice. The demand relates to the actual consumption charges so there is no question of withdrawing the said demand. Further submitted that earlier the complainant filed the civil suit before the Special Court challenging the same demand and the Hon’ble Special Court permitted the complainant to withdraw the said suit with permission to seek the appropriate remedy. Since the amount relates to the actual energy charges, this District Consumer Commission is not the appropriate authority to adjudicate the matter. The demand is not illegal, null and void, arbitrary and it is not liable to the set-aside or quashed on any of the grounds. It is admitted that the amount of 50% stands deposited with the opposite parties as per the directions of the Hon’ble Court of Sh.J.P.S. Khurmi, Additional District Judge, Ludhiana. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint was made.
4. In order to prove her case, the complainant has tendered into evidence his affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C10 and Ex.C7A and closed her evidence.
5. On the other hand, to rebut the evidence of the complainant, Opposite Parties tendered into evidence affidavit of Er.Gurpreet Mohinder Singh Sidhu, Additional S.E. Aggar Nagar Division, (Special) PSPCL, District Ludhiana Ex.RA alongwith copies of documents Ex.R1 & Ex.R2
6. We have heard the ld.counsel for the parties and gone through the evidence on record.
7. Ld.counsel for the Complainant as well as Opposite Party have mainly reiterated the facts as narrated in the complaint as well as in the written statement and we have perused the rival contentions of the parties. It is not disputed that complainant is the consumer of Domestic Electric Connection account No.W51/GT-510866A contact account no.3002865222. The case of the complainant is that she has been regularly making the payment of each consumption bill regularly either in cash or through cheque without any delay, thus there is privity of contract between the complainant and opposite parties and the complainant is the consumer of services of the opposite parties and there is no outstanding of any arrears as the complainant has been regularly paying the electric consumption charges. The complainant purchased property bearing no.17-J, Sarabha Nagar, Ludhiana from Harbans Singh vide sale deed dated 6.11.1995 Vasika No.5842. Total sanctioned load of the above said connection is 27.300 kw and there are four Air Conditioner one of two ton and three of ½ ton are installed and there are three Refrigerators lying installed in the said premises and SFL lights and Fans. The total consumption of the abovesaid appliances comes out to be approximate 18 KW, but the sanction load is of 27.300 KW, so the consumption of the above said appliances is muchless than sanctioned load. All of sudden on dated 28.11.2016, the opposite parties issued memo no.3656 dated 28.10.2016 for the demand of Rs.43,766/- being arrears charges and threatened for disconnection of the electricity connection of complainant immediately in case the demand amount is not deposited within 15 days. Complainant on receipt of this memo accordingly visited the office of Assistant Executive Engineer Distribution, Sub Divisional Office/Divisional Office and explained them whole the position and clarified the matter on all the aspects, involved in the case of the complainant to the concerned authorities, but after hearing the complainant the authorities of the PSPCL did not withdraw the leveled arrears charges, but ordered to deposit the demanded amount immediately, if she wants to save her connection the complainant being having no other alternative and to save his connection have filed the suit in the court of J.P.S. Khurmi, Additional District Judge, Ludhiana and in which the Hon’ble Court granted exparte stay subject to depositing of Rs.50% of the amount in dispute. As per the direction the complainant deposited 50% of the disputed amount with the opposite parties and the notice was served upon the opposite parties and the opposite parties were appeared and filed written statement alongwith application Under order 7 Rule 11 CPC read with section 151 on the ground that disputed amount relates to actual consumption charges, so the complainant withdraw the complaint with permission to file the same before the Consumer Forum. The Hon’ble Court of Sh.J.P.S. Khurmi, ADJ gave permission to the complainant to withdraw the complaint and filed the same before any Hon’ble Tribunal and Forum. The abovesaid amount of the opposite parties is illegal, void, arbitrary and the same is liable to be quashed on the ground that the consumer has been regularly making the payment of each and every bill received from the opposite parties and there is no outstanding of any type of arrears against the complainant. The amount claimed in the notice served upon the complainant is wrong as there is no outstanding of any type of arrears consumption charges against the complainant. The complainant approached the opposite parties and requested to give her the details of the arrears as mentioned in the notice/memo no.3656 dated 28.10.2016, but they did not paid any heed to the genuine request of the complainant. On the other hand, ld.counsel for the Opposite Parties has repelled the aforesaid contention of the Complainant on the ground that the amount in question relates to the consumption charges. The round of the meter completed and the meter completed and the meter was changed on the request of the L & T Company. The final reading at the time of change of meter was 2614 and taking into consideration the last recorded reading of 97049, the consumption bill was prepared as per the report of the audit party vide its half margin no.77 dated 29.08.2016. The entire amount relates to the consumption charges of the electricity consumed by the complainant and she is liable to pay the same. Ld. counsel for the opposite parties further contended that the complainant herself admits that she has purchased the property in question and she must be put to strict proof of the same and the earlier bills as per consumption recorded by the meter installed in the premises of the complainant were paid, but the last bill after completion of the round of the meter was not paid. Further contended that it is not a case of excess load, but it is a case of payment of the actual energy charges. It is further submitted that the notice memo no.3656 dated 28.10.2016 for the demand of Rs.43,766/- was rightly issued and detail of the amount like sale of power, electricity duty, octroi etc. is also mentioned which clearly indicate that the bill is for the consumption charges and the complainant was rightly asked to deposit the said amount within fifteen days of the receipt of the said notice. The demand relates to the actual consumption charges so there is no question of withdrawing the said demand. Further contended that earlier the complainant filed the civil suit before the Special Court challenging the same demand and the Hon’ble Special Court permitted the complainant to withdraw the said suit with permission to seek the appropriate remedy. Since the amount relates to the actual energy charges, this District Consumer Commission is not the appropriate authority to adjudicate the matter. The demand is legal and recoverable from the complainant. There is no deficiency in service on the part of the opposite parties. Perusal of the Half Margin No. 77 dated 29.08.2016 shows that as per the report of the competent authority of the Opposite Party the round of the meter had completed and the meter was accordingly changed on the request of the L & T Company. The final reading at the time of change of meter was 2614 and taking into consideration the last recorded reading of 97049, the consumption bill was prepared as per the report of the audit party vide aforesaid half margin dated 29.08.2016. Hence, we are of the view that the entire amount relates to the consumption charges of the electricity consumed by the complainant and we find no deficiency in service on the part of the Opposite Parties.
8. In view of the aforesaid facts and circumstances, we find no force in the present complaint and the same stands dismissed. Copies of the order be furnished to the parties free of cost by District Consumer Commission, Ludhiana and thereafter, the file be consigned to record room after compliance.
9. Reason for delay in deciding the complaint.
This Consumer Complaint was originally filed at District Consumer Disputes Redressal Forum (Now Commission) at Ludhiana and it keep pending over there until Hon’ble State Consumer Disputes Redressal Commission, Punjab vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 has transferred the instant Consumer Complaint alongwith Other Complaints to District Consumer Commission, Moga with directions to work on this file onward from 14th March, 2022 and accordingly District Consumer Commission, Moga has decided the present complaint at Camp Court, Ludhiana, as early as possible as it could decide the same
Announced in Open Commission at Camp Court, Ludhiana.
