Order by:

Sh.Mohinder Singh Brar, Member

1.           The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that an NRS electric connection bearing account no.3006936810 with sanctioned load of 1.00 KW is installed in the small godown of the complainant since a long back and the complainant is using the said connection for earning his livelihood exclusively by way of self employment. The complainant was paying the electricity consumption bills regularly against the receipt as and when received and nothing is due against the complainant. All of a sudden on 02.08.2022 some official of the Opposite Parties inspected the spot and replaced the electric meter of the complainant. Thereafter, on 22.08.202 the complainant received a notice dated 09.08.2022 from the Opposite Parties bearing memo no.1701 dated 09.08.2022 vide which the Opposite Parties have raised explained demand of Rs.1,12,897/- and no alleged meter checking report was ever supplied to the complainant. On 24.08.2022 the complainant wrote a letter to SDO, PSPCL, Badhni Kalan and requested to supply the checking report and also submitted that at the time of removal of the meter, the meter was already defective and all the previous bills were sent to the complainant showing ‘D” defective code. Moreover, at the time of remove of the meter as well as checking or inspection of the meter in question in the ME Lab, the complainant was not called nor the officials ever took the signatures of the complainant or his representative at the time of removal of the meter. However, the complainant received a detail from the Opposite Parties in which it is stated that meter is defective from 12/2021 till 08/2022, but the Opposite Parties were charging the complainant on the basis of some manipulated. Further alleged that during the marriage ceremony of daughter of the complainant the officials of the Opposite Parties disconnected the electric connection of the complainant, forcibly, illegally and without any reasonable cause and explanation. Under such circumstances, the complainant deposited the unlawful amount of Rs.1,13,000/- vide receipts dated 24.08.2022 and thereafter Opposite Parties restored the electric connection of the complainant. Thereafter, the complainant also wrote a letter to the Opposite Parties requesting them to supply the copy of PDCO of the meter in dispute, but the Opposite Parties did not supply the copy of PDCO. Further alleged that as admitted by the Opposite Parties that the meter in dispute is defective since 12/2021 and remained defective till 8/22, but none of the officials of the Opposite Parties bothered to replace the defective meter despite repeated requests and reminder, whereas as per regulation 3.1 and 3.2 under the head Complaints about Meters of Electricity Supply Code and Related Matter Regulations (As notified by Punjab State Electricity Regulatory Commission vide notification No.PSERC/Secy./Reg 97 dated Novemebr, 5, 2014 and published in Government of Punjab Gazette (Extre) dated November, 5, 2014, the defective meter is to be replaced within 10 working days of receiving the complaint. In this way, the officials/officers of the Opposite Parties themselves violated their own regulation by not replacing the defective meter for more than 8 months i.e. 240 days. In the instance case, the Opposite Parties have not followed the mandatory procedure of the corporation neither they removed the defective meter in the presence of the consumer or his authorized representative nor it was ever packed or sealed in the box under seal or the signatures were ever obtained from the complainant on the alleged sealed box nor it was ever checked in the ME Lab in the presence of the complainant or his authorized representative. The act of the Opposite Parties is illegal, unwarranted and uncalled for and the amount raised by the Opposite Parties is liable to be set aside. Hence this complaint. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Parties may be directed to set aside/quash the illegal demand of Rs.1,12,897/- raised by it vide memo no.1701 dated 09.08.2022.

b)      To pay an amount of Rs.12,000/- to the complainant as the officials of the Opposite Parties have violated their own regulation, vide which they are legally bound to compensate the consumer by paying Rs.50/- for each day of default.

c)       To pay an amount of R.1,00,000/- as compensation on account of mental tension and harassment.

d)      To pay an amount of Rs.31,000/- as costs of the complaint.

e)       And any other relief which this Commission may deem fit and proper be granted to the complainant in the interest of justice and equity.

2.       Opposite Parties appeared through counsel and contested the complaint by filing written reply taking preliminary objections therein inter alia that the complaint is bad for non joinder of necessary party. XEN Baghapurana has no concern with this case, actually XEN sub urban division is competent authority which has not been arrayed; the complaint is not maintainable; the complainant is estopeed to file the present complaint by his own act and conduct. On merits, it is submitted that on 05.06.2022, the old meter was changed with new one and the old meter was removed in the presence of the family members of the complainant. The said meter was not changed on 02.08.2022 as alleged by the complainant. As the complainant was not there and only due to this the ladies did not signed on MCO. Even on 05.08.2022 connection and meter of the complainant was checked by officials of Opposite Parties in the presence of the complainant and it was found that against sanctioned load of 0.940 kw the complainant was using the load to the tune of 1.673 KW and has also installed power plug for ½ BHP for cutter and detail report was prepared on the spot duly signed by the complainant and he also wrote his mobile number on the same and amount of Rs.2010/- was claimed from him vide notice no.1706 dated 09.08.2022. Further alleged that the notice no.1701 dated 09.08.2022 was issued to the complainant in which demand of Rs.1,12,897/- was claimed on the basis of checking report no.174/4698 dated 02.08.2022. Further alleged that the old meter was brought in ME Lab Moga on 02.08.2022 by the concerned JE alongwith other meters where the said meter was opened for its internal inspection by the competent officials of Opposite Parties and during its inspection it was found that display of the said meter is damaged. Memory chip of the said meter was removed with Zig meter and found the reading as 15037 KWH units on the said removed meter. When on the other hand the billing of the said meter was done up to 2089 KWH units. The consumption record of the consumer was checked and it was directed to over haul the account of the complainant to the tune of actual consumption of 15037 KWH units and the said meter was again sealed and handed over to said JE Gupreet Singh and prepared a detail and correct report duly signed by them. It was also directed by the said checking officials to check the load in the premises of the complainant and copy of its checking report also be sent to the office of Xen enforcement Moga and on the basis of said checking the above said notice with copy of the above said checking report was sent to the complainant. The complainant is well within the knowledge regarding the same and even after getting the said notice and copy of checking report he came to the office of Opposite Party No.1 where he was fully convinced and after that he has filed the present complaint by concealing the true facts which is not maintainable. Even as per direction dated 02.08.2022 as mentioned above, on 05.08.2022 connection and meter of the complainant was checked by officials of Opposite Parties in the presence of the complainant and it was found that against sanctioned load of 0.940 kw the complainant was using the load to the tune of 1.673 KW and has also installed power plug for ½ BHP for cutter and detail report was prepared on the spot duly signed by the complainant and he also wrote his mobile number on the same and amount of Rs.2010/- was claimed from him vide notice no.1706 dated 09.08.2022. The said checking report is duly signed by the said competent officials. Due checking was done by the competent officials of PSPCL who have no enmity with the complainant. All other allegations made in the complaint are denied and a prayer for dismissal of the complaint is made.

3.       In order to prove his case, complainant tendered in evidence his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C10.

4.       To rebut the evidence of the complainant, Opposite Parties tendered in evidence affidavit of Sh.Kulwinder Singh, SDO, PSPCL, Badhni Kalan Ex.OPs1 alongwith copies of documents Ex.OPs2 to Ex.OPs9.

5.       Vide separate statement, ld. counsel for the complainant has stated that complaint filed on behalf of the complainant may kindly be treated as final arguments. We have heard the counsel for the Opposite Parties and gone through the documents placed on record.

6.       During the course of arguments, both the ld.counsel for the Complainant as well as Opposite Parties have mainly reiterated the facts as narrated in the complaint as well as in written reply respectively. The main contention of the complainant is that on 22.08.202 he received a notice dated 09.08.2022 from the Opposite Parties bearing memo no.1701 dated 09.08.2022 vide which the Opposite Parties have raised demand of Rs.1,12,897/-. On 24.08.2022 the complainant wrote a letter to SDO, PSPCL, Badhni Kalan and requested to supply the checking report and also submitted that at the time of removal of the meter, the meter was already defective and all the previous bills were sent to the complainant showing ‘D” defective code. The complainant received a detail from the Opposite Parties in which it is stated that meter is defective from 12/2021 till 08/2022, but the Opposite Parties were charging the complainant on the basis of some manipulated. Thereafter, the officials of the Opposite Parties disconnected the electric connection of the complainant, forcibly and illegally. Under these circumstances, the complainant has to deposit the unlawful amount of Rs.1,13,000/- and thereafter Opposite Parties restored the electric connection of the complainant. Thereafter, the complainant also wrote a letter to the Opposite Parties requesting them to supply the copy of PDCO of the meter in dispute, but the Opposite Parties did not supply the copy of PDCO. Further contended that the defective meter was not removed in the presence of the consumer or his authorized representative nor it was ever packed or sealed in the box under seal or the signatures were ever obtained from the complainant on the alleged sealed box nor it was ever checked in the ME Lab in the presence of the complainant or his authorized representative.

7.       On the other hand, ld. counsel for the opposite parties has repelled the aforesaid contentions of ld. counsel for the complainant on the ground that on 05.08.2022 connection and meter of the complainant was checked by officials of Opposite Parties in the presence of the complainant and it was found that against sanctioned load of 0.940 kw the complainant was using the load to the tune of 1.673 KW and has also installed power plug for ½ BHP for cutter and detail report was prepared on the spot duly signed by the complainant and he also wrote his mobile number on the same and amount of Rs.2010/- was claimed from him vide notice no.1706 dated 09.08.2022. A notice no.1701 dated 09.08.2022 was issued to the complainant in which demand of Rs.1,12,897/- was claimed on the basis of checking report no.174/4698 dated 02.08.2022. The old meter was brought in ME Lab Moga on 02.08.2022 by the concerned JE alongwith other meters where the said meter was opened for its internal inspection by the competent officials of Opposite Parties and during its inspection it was found that display of the said meter is damaged. Memory chip of the said meter was removed with Zig meter and found the reading as 15037 KWH units on the said removed meter. When on the other hand the billing of the said meter was done up to 2089 KWH units. The consumption record of the consumer was checked and it was directed to over haul the account of the complainant to the tune of actual consumption of 15037 KWH units and the said meter was again sealed and handed over to said JE Gupreet Singh and prepared a detail and correct report duly signed by them. It was also directed by the said checking officials to check the load in the premises of the complainant and copy of its checking report also be sent to the office of Xen enforcement Moga and on the basis of said checking the above said notice with copy of the above said checking report was sent to the complainant.

8.       We have perused the rival contentions of ld counsel for both the parties. After considering all the documents placed on record, we are of the view that the meter in dispute was removed from the premises of the complainant vide MCO dated 18.02.2022 (Ex.OPs5) and the removed meter was checked in Metering Equipped Lab, Moga vide challan (Ex.OPs2) and it was observed in the ME Lab that the final reading of the meter was 15037 as per checking report (Ex.OPs3). But the complainant was billed upto the reading of 1020 units only and then the meter became defective i.e. the display of the meter became defective and the meter was not displaying the reading due to which for 06/21 to 07/22 the bills was issued on average basis. As per Ex.OPs6 the PSPCL prepared a calculation sheet and charged the consumer for less billing of 15037-1020 = 14017 units and subtracted the amount, he deposited for the months 06/21 to 07/22 (which was billed on average basis). Hence, the amount charged is recoverable from the complainant.

9.       In view of the above discussion, the instant complaint is hereby dismissed. However, keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of cost. File be consigned to record room after compliance.

Announced on Open Commission