BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.45 of 2016
Date of Instt. 20.01.2016
Date of Decision: 15.11.2017
Ashok Kumar S/o Late Shri Om Parkash R/o H. No.WS 58, Sattaran Mohalla, Basti Sheikh, Jalandhar, Punjab
..........Complainant
Versus
1. Punjab State Power Corporation Ltd, (Earlier known as Punjab State Electricity Board/PSEB), The Mall, Patiala, Punjab Through its Chairman.
2. SDO/AEE, Punjab State Power Corporation Ltd. (Earlier known as Punjab State Electricity Board/PSEB), Commercial Sub Division No.V, Model Town, Jalandhar, Punjab.
3. SDO/AEE, Punjab State Power Corporation Ltd. (Earlier known as Punjab State Electricity Board/PSEB), Adarsh Nagar, Jalandhar.
..….…Opposite parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Sh. Parminder Sharma (Member)
Present: Sh. Atul Malhotra, Adv Counsel for the complainant.
Sh. KL Dua, Adv Counsel for OP No.1 to 3.
Order
Karnail Singh (President)
1. This complaint is filed by the complainant, wherein alleged that the complainant is a consumer of the OPs as the complainant has got an electricity connection for domestic purpose from the OP having electricity connection account No.J75BD221785H. The complainant had been paying the electricity bills regularly till April, 2014 and no amount was due from the complainant to OPs till April, 2014. Moreover, the electricity meter installed in the premises of the complainant bearing No.4810828 was working all right and all of the electricity bills were also showing meter status as “O”. In the month of April, 2014, the complainant and his family members had to go to Jammu to resolve a family dispute and stayed at Jammu for about a month till 20.05.2014. On returning from Jammu, the complainant came to learn from neighbours that in the absence of the complainant, the OPs have illegally and arbitrarily removed the old meter of the complainant and installed a new meter No.4610400 in the absence of the complainant. The officials of the OPs had changed the said meter illegally and arbitrarily in the absence of the complainant and his representatives, since no body was present at the residence of the complainant in Jalandhar and the house was locked.
2. That thereafter, again OPs changed the electricity meter of the complainant with a new one, bearing No.967708 without any reason and without any information or permission of the complainant. The complainant does not have any information as to when and why the meter was changed by OPs. The complainant does not have any information or knowledge regarding the fate of above said two electricity meters changed by the OPs. Moreover, since no electricity bill was delivered to the complainant from April, 2014 onwards, as such, the complainant could not make payment of any electricity bill from April, 2014 to December, 2014. Thereafter, the OPs sent a bill dated 05.12.2014 for Rs.44,175/-, containing illegal meter reading and illegal sundry charges and illegal previous charges. The complainant approached OPs No.2 and 3 and demanded explanation and justification of the above said bill. But officials of the OPs pacified the complainant that they will issue a revised bill after correcting and checking their records and after informing complainant about the fate of changed meters and in the mean time, electricity connection of the complainant shall not be disconnected. The complainant has also sent a legal notice dated 02.01.2015 through his counsel Sh. Raj Kumar Bhagat to OPs, but even after receipt of said legal notice, the OPs have failed to give any reply to the complainant. The photostat copy of the said legal notice is placed on the file alongwith postal receipts. Moreover, officials of the OPs assured the complainant orally, that OPs shall not disconnect the electricity connection of the complainant and shall send a revised and detailed electricity bill and reports of ME lab for checking of meters of the complainant. Till December, 2015, the OPs failed to either issue any revised electricity bill and further failed to inform details of the consumption or charges of electricity consumption to the complainant. Further, OPs failed to inform and supply documents regarding the removing or checking of the two removed electricity meters of the complainant. Every time, the complainant would approach OPs for details of electricity bills, OPs and their officials would pacify the complainant that the electric connection would not be disconnected for non depositing of electricity bills since OPs are revising and removing discrepancies in their records regarding the account of the complainant. Recently, the complainant was shocked and petrified to receive bill dated 06.01.2016, in which OPs have shown payable amount as Rs.1,28,610/-, which is not only exorbitant and excessive, but also illegal, arbitrary and without any justification. The said electricity bill purports to be issued for 337 days, whereas the electricity bill is to be delivered by the OPs on spot every month. Only thereafter, the complainant is to make payment of electricity bill every month. The complainant approached OPs No.2 and 3, but the officials of the OPs refused to give any details or justification of the said bill. Officials of the OPs further showing ignorance regarding the fate of two removed electricity meters of the complainant. Further, officials of the OPs showed their indifferent attitude in resolving to the dispute of the complainant by neither supplying any details or records etc to the complainant. Due to the above mentioned facts, there is a deficiency in service, negligence, unfair trade practices and restrictive trade practices on the part of the OPs and the complainant has suffered mental tension, harassment, financial losses, inconveniences etc and the complainant assesses same to tune of Rs.1,00,000/- and accordingly, the instant complaint filed with the prayer that the complaint of the complainant may be accepted and further prayed that OP be directed to issue detailed bills for the period from April, 2014 to December, 2015 depending upon the actual consumption as shown by the electric meters of the complainant and to supply complete documents regarding the removing, installing and checking of electricity meters of the complainant and further the demand for Rs.1,28,610/-, raised in bill dated 06.01.2016, issued by the OPs be quashed being illegal, arbitrary and non-est and further OPs be directed to pay compensation to the tune of Rs.1,00,000/-, to the complainant for mental harassment and also be directed to pay litigation expenses of Rs.11,000/-.
3. Notice of the complaint was given to the OPs, who filed written reply and contested the same by taking preliminary objections that no cause of action arose to the complainant to file the present false and frivolous complaint and further averred that the complainant is barred by his act and conduct from filing the present complaint. The complainant has not made the payment of the electricity bills in regard to electricity consumer since the February, 2013 payable in 4/13. So, the amount of arrears of the outstanding bills go on increasing and now the amount outstanding comes to Rs.1,28,610/- up to December, 2015 bill raised in the month of January, 2016 and the bills for the month of March, 2016, i.e. the bill dated 10.03.2016 is Rs.1,32,300/-. This is the legal payment and the complainant is bound to pay the same otherwise he is bound to face the legal consequences i.e. disconnection of the electricity and the recovery of the outstanding amount alongwith interest till the date of the full and final payment of the outstanding amount and further alleged that the present complaint is the misuse of the process of the Law, the complainant is trying to take the benefit of his own wrongs. The supply of the electricity is on payment of the charges and the complainant wants to consume the electricity without the payment of the same, which is not permissible under any provisions of any law and even the complaint is false and frivolous, which has been filed with malafide intention and therefore, the same is liable to be dismissed. On merits, the factum in regard to installation of the electricity connection in the house of the complainant is admitted and further denied that the complainant is not paying the electricity bills regularly till April, 2014, rather the complainant had not made the payment of any electricity bills since February, 2013 payable in March 2013 and further denied that the electricity meter of the complainant was never changed, these are the false allegations and further alleged that the bills were raised regularly and were supplied to the complainant but the complainant has not made the payment of the said bills since March, 2013, the other allegations as made in the complaint are categorically denied and lastly prayed that the complaint of the complainant is without merits and the same may be dismissed.
4. In order to prove the case of the complainant, counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex.C1 to Ex.C5 and closed the evidence.
5. Similarly, counsel for the OPs tendered into evidence only affidavit Ex.OPA and closed the evidence.
6. We have heard the learned counsel for the respective parties and also gone through the case file very minutely.
7. After hearing the arguments and from the scrutiny of the documents as placed on the file by the complainant only, as the OP has not brought on the file any documents rather there are some un-exhibited photostat copy of the ledgers, which are demanded by the complainant by filing an application for production of these copy of ledger and after perusal of these ledger, we find that the plea taken by the OP that the electricity meter of the complainant was never changed is itself falsified because as per copies of ledger, the first meter was installed in the house of the complainant is having meter No.4813455 and then electric meter number showing installed in the house of the complainant, as per copy of ledger is 4810878 in the month of 04.10.2013 and then the 3rd electric meter having number was installed in the house of the complainant was 967708 i.e. shown to be running in the house of the complainant in the year 2014. So, the version of the complainant that his electric meter was changed twicely is apparently admitted, rather the documents i.e. copy of ledgers show that the electric meter was changed thricely, but not at any instance, any notice was given to the complainant for changing of the electric meter nor report of the laboratory was sent to the complainant nor any electric meter was got checked in the presence of the complainant, if checked in the absence of the complainant, then consent memo of the complainant is required to be taken to the effect that meter can be checked in his absence, but no such type of documentary evidence has been produced on the file, for the best known reason, rather it is proved on the file that the OP has committed a hanky panky in the consumption reading of the meters and sent the bill without recording any exact consumption of the electricity and as such, the bills raised by the OP is arbitrary against the rule and regulation of the electricity board.
8. Furthermore, the complainant alleged that he has been paying the electricity consumption charges till April, 2014 and from April, 2014 onward, since December, 2014, no bill was issued to the complainant rather a bill Ex.C4 was issued to the complainant dated 05.12.2014 for amounting to Rs.44,175/- containing illegal meter reading as well as illegal huge sundry charges and accordingly, the complainant approached the official of the OPs, but they pacified the complainant that they will issue a revised bill, after correcting and checking their record but despite repeated visit of the complainant, the OP has failed to send a revised bill and thereafter, the complainant gave a legal notice, then OP awakened and sent a bill dated 06.01.2016 for a period of 337 days i.e. upto December, 2015 for amounting to Rs.1,28,610/-, but infact the complainant has never used electricity to such an extent and as such, the official of the OPs are guilty of deficiency in service and negligent in not delivering electricity bill regularly to the complainant every month as per their own rule and regulation.
9. It is established fact that the OP has issued a last bill for about the period of two years and without explaining the period to which the arrears pertained and also did not disclose the actual meter reading. So, it is clear cut deficiency in service and in support of these observation, we like to make a reference of the judgment of the Hon'ble National Commission, cited in 1993(1) CLT 655, title “Y. N. Gupta Vs. D.E.S.U”.
10. If we see the case of the complainant, in the light of above judgment of the National Commission, then it is clear that the OP had not prepared and served the electrical consumption bill to the complainant according with the billing cycle and thereafter, harassing the complainant by sending heavy arrears bill for the period April, 2014 to December, 2015 and as such, the deficiency in service on the part of the OPs is established and therefore, we find that the complainant is entitled for the relief as claimed.
11. In view of the above detailed discussion, the complaint of the complainant is partly accepted and bill issued by the OP dated 06.01.2016 for amounting to Rs.1,28,610/- is hereby quashed being illegal, arbitrarily and further OPs are directed to pay compensation to the complainant for mental harassment as well as for deficiency in service, to the tune of Rs.20,000/- and further OPs are directed to pay litigation expenses to the tune of Rs.5000/-. The entire compliance be made within one month from the date of receipt of the copy of order. The complaint could not be decided within stipulated time frame due to rush of work.
12. 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 Parminder Sharma Karnail Singh
15.11.2017 Member President
