Punjab

Nawanshahr

CC/3/2018

Wariyam Chand - Complainant(s)

Versus

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

In person

14 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHAHEED BHAGAT SINGH NAGAR 

 

Consumer Complaint No    :     3 of 2018

Date of Institution                         :    18.01.2018                    

Date of Decision                 :    14.05.2018

 

Wariyam Chand S/o Sh.Tulsi Ram age 77 years, Resident of Village Alowal, Post Office Hiyatpur Rurki, Tehsil Balachaur, District Shaheed Bhagat Singh Nagar.

                                                          ….Complainant

Versus

1. Punjab State Power Corporation Limited, Sub Division, Anandpur Sahib Road, Saroya, Tehsil Balachaur, District Nawanshahr, through Sub Divisional Officer.
2. Punjab State Power Corporation Limited, Anandpur Sahib Road, Garhshankar District Hoshiarpur, through XEN

Opposite parties

Complaint under the Provisions of Consumer Protection Act, 1986

QUORUM:         

S.A.P.S. RAJPUT, PRESIDENT

S.KANWALJEET SINGH, MEMBER

COUNSEL FOR THE PARTIES

For Complainant           :         In person.

For OPs                         :         Sh.P.K. Dhir, Advocate

 

ORDER 

PER S.KANWALJEET SINGH, MEMBER

1. This complaint filed by complainant under Section 12 of the Consumer Protection Act, 1986.  Further, it is averred that complainant is permanent consumer of OPs having motor connection No.AL-142.  He deposited Rs.9500/- with OPs under VDS Scheme for extend the agricultural electric load from 5BHP to 7.5 BHP vide receipt No.523 dated 28.07.2009.  Out of which Rs.3600/- was for per BHP and in total Rs.9,000/- for load and Rs.500/- was for ACP charge.  Thereafter the OPs had decreased the rate of per BHP to the tune of Rs.1,000/-.  Complainant has moved an application dated 30.04.2012 for refund of Rs.6500/- alongwith 18% but no reply had been given. In this regard, he had moved an application dated 23.07.2013 to Deputy Commissioner, Nawanshahr, upon which the OPs had started process and refund Rs.6500/- on 27.11.2017 vide cheque which was without interest.  Complainant was asked to OPs vide application dated 05.12.2017 for payment of interest on his amount but no reply was received from OPs.  The OPs had violated the Consumer Protection Act by charging excess amount and thereafter the OPs have harassed him for about 9 years and by paying only principal amount, while OPs have charged 10% fine if the bill payment was late for one day and after 30 days they disconnected the connection of their customer and after lapse of six months they disconnected the electric connection permanently and forfeited the security amount and complainant has not been paid the interest of nine years for Rs.6500/-.   Lastly, about Rs.13,000/- has been claimed interest @ 18% from 28.07.2009 and claimed compensation of Rs.65,000/- for financial and mentally harassment and Rs.20,000/- claimed as litigation expenses. 
2. Notice of the complaint was given to the OPs and  accordingly OPs appeared through counsel and filed written statement and contested the complaint by taking preliminary objections that this complaint is not maintainable.  Complainant has no locus standi.  This Forum has no jurisdiction to entertain, try and decide the case.  On merits, it is submitted that complainant is not entitled for 18% interest from the OPs because it is a beneficiary scheme of Punjab Govt. for the benefit of the farmers previously it was decided the applicant will deposit as SCC (Service Connection Charges) Rs.9,000/- + Rs.500/- for tubewell connection for 2.5 BHP but later on it was decided that applicant deposit Rs.1,000/- + Rs.200/- per BHP.  As per circular No.20/2010 it has been mentioned “That all the consumers of the tubewell connections who applied in VDS scheme it been decided to refund the extra deposit amount with circular No.18/2009 dated 25.06.2009 through already enforce scheme.  Agriculturist/Farmer/Consumers who already deposited extra amount of Rs.2600/- per BHP will be adjusted in agricultural tubewell connection energy bill.  But later on Punjab Govt. gave the concession to the farmers from electricity bill.  So due to this reason electricity extra amount not adjusted in the electricity energy bills. Deputy Commissioner Nawanshahr gave directions to OPs and upon the same OPs gave cheque of Rs.6500/- to complainant after obtaining sanction from competent Authority vide memo dated 20.09.2017. Complainant is not entitled for interest from OPs because he himself applied for beneficiary scheme increasing the load from 5BHP to 7.5 BHP for A.P. Connection and OPs done the same.  Complainant is retired employee of PSEB now PSPCL and he is very well known of rules and regulations of the power com.    
3. In order to prove complaint, the complainant, tendered into evidence his affidavit CW1/A, alongwith photocopies of documents receipt dated 28.07.2009 of PSEB  Ex. C-1, application dated 30.04.2012 Ex.C-2, application dated 20.06.2013 Ex. C-3,  application dated 23.07.2013 Ex. C-4, letter dated 09.09.2013 Ex. C-5,   letter dated 07.09.2015 Ex.C-6,  letter dated 14.06.2016 Ex. C-7, application dated 21.08.2015  and receipt no.998 Ex.C-8, letter dated 27.11.2017 Ex.C-9 and  photocopy of   cheque dated 14.11.2017  Ex. C-10 and closed the evidence.
4. In order to rebut the evidence of the complainant, counsel for OPs tendered into evidence, affidavit of Er.Sukhjeet Singh, AEE,  PSPCL Saroya, Ex.OPA alongwith documents i.e. circular No.20/2010 Ex.OP-1, then tendered copy of memo No.964 dated 20.09.2017 Ex.OP-2 and then closed the evidence.
5. We have heard the complainant in person and learned counsel for the OPs and also gone through the case file very carefully.
6. Complainant has argued that complainant is permanent consumer of OPs having motor connection No.AL-142.  He deposited Rs.9500/- with OPs under VDS Scheme for extend the agricultural electric load from 5BHP to 7.5 BHP vide receipt No.523 dated 28.07.2009.  Out of which Rs.3600/- was for per BHP and in total Rs.9,000/- for load and Rs.500/- was for ACP charge.  Thereafter the OPs had decreased the rate of per BHP to the tune of Rs.1,000/-.  Complainant has moved an application dated 30.04.2012 for refund of Rs.6500/- alongwith 18% but no reply had been given. In this regard, he had moved an application dated 23.07.2013 to Deputy Commissioner, Nawanshahr, upon which the OPs had started process and refund Rs.6500/- on 27.11.2017 vide cheque which was without interest.  While OPs have charged 10% fine if the bill payment was late for one day and after 30 days they disconnected the connection of their customer and after lapse of six months they disconnected the electric connection permanently and forfeited the security amount and complainant has not been paid the interest of nine years for Rs.6500/-.  He claimed relief as prayed for.  
7. On the other hand counsel for OPs has argued that complainant is not entitled for 18% interest from the OPs because it is a beneficiary scheme of Punjab Govt. for the benefit of the farmers previously it was decided the applicant will deposit as SCC (Service Connection Charges) Rs.9,000/- + Rs.500/- for tubewell connection for 2.5 BHP but later on it was decided that applicant deposit Rs.1,000/- + Rs.200/- per BHP.  As per circular No.20/2010 it has been mentioned “That all the consumers of the tubewell connections who applied in VDS scheme it been decided to refund the extra deposit amount with circular No.18/2009 dated 25.06.2009 through already enforce scheme.  Agriculturist/Farmer/Consumers who already deposited extra amount of Rs.2600/- per BHP will be adjusted in agricultural tubewell connection energy bill.  But later on Punjab Govt. gave the concession to the farmers from electricity bill.  So due to this reason electricity extra amount not adjusted in the electricity energy bills.
8. Keeping in view the facts and circumstances complainant deposited an amount of Rs.9500/- on 28.07.2009 with the OPs and complainant had received a cheque of Rs.6500/- dated 14.11.2017 i.e. after 8 years 3 and half months.  Ex.OP-1 and Ex.C-6 the BHP load charges reduced from Rs.3600/- per BHP to Rs.1000/- per BHP through vide letter No.20/2010.  Ex.C-5 also support this factum that OPs have well within the knowledge, the circular No.20/2010 BHP load charges were reduced.  Moreover, complainant is 77 years old.  As per written statement of OP No.1&2 mentioned at the end by way of note that complainant is a retired employee of PSEB now PSPCL from this angle the OPs did not bother any sympathetically efforts towards the complainant middle portion of Ex.C-6, crystal clear that Deputy Commissioner issued instructions to OPs to issue the amount to the consumers vide dairy No.2517/PGA dated 26.08.2015.  This is too much unbearable for the complainant that the circular No.20/2010 Ex.OP-1 issued on dated 22.04.2010 by OPs department and the sanction obtained from the competent authority vide memo dated 20.09.2017.  This depicts the functioning of the OPs towards General Public.
9. Resultantly, the complaint filed complainant is partly allowed and OPs are directed to pay to complainant interest @ 9% on amount of Rs.6500/- from 28.07.2009 to 14.11.2017.  Further, OPs are directed to pay to complainant Rs.3,000/- as compensation and Rs.2,000/- as litigation expenses.
10. The above said entire compliance be made by the OPs within a period of thirty days from the date of receipt of copy of this order
11. Copies of the order be sent to the parties, as permissible, under the rules.
12. File be indexed and consigned to record. 

Dated 14.05.2018                                                         

 

 

(Kanwaljeet Singh)                (A.P.S. Rajput)

Member                                  President