BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.267 of 2023
Date of Instt. 11.07.2023
Date of Decision: 26.07.2024
Raj Lal Bhagat aged about 67 years S/o Late Sh. Munshi Ram R/o 144, Basant Hills, Hoshiarpur Road, Rama Mandi, Jalandhar presently at:1093/1-30, Third Floor, Church Compound, Ward No.1, Mehrauli, South Delhi, Delhi-110030.
..........Complainant
Versus
1. Punjab State Power Corporation Ltd. (PSPCL), Head Office, Room No.205, 2nd Floor, Multi Storey, Mall Road, (Near:-Omaxe Mall, Near:-Shakti Sadan), The Mall Patiala, (PB)-147001.
Through its Managing Director/Director/Manager/Partner/Authorized Representative.
2. Punjab State Power Corporation Ltd. (PSPCL), Village: Barring, Jalandhar Cantt, Jalandhar (Pb)-144005 through Sub Divisional Engineer (Commercial-3).
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Complainant in Person.
None for OPs.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant is having one electric connection No.3005160698. On 02.08.2022, the complainant received an SMS from the OP regarding the amount due by 15.08.2022 which was of Rs.9390/- and after two months i.e. on 15.10.2022, the complainant again received an SMS from the OP for a due amount of Rs.17,350/-. The electricity bill of the above mentioned account was very high and the complainant made a lot of requests and complaints to the concerned authority. In his letters dated 15.10.2022, 21.12.2022, 23.12.2022, 27.12.2022, 14.02.2023, 10.04.2023 and email dated 14.02.2023 the complainant requested the OP for supplying of the meter readings noted by the meter reader with photographs reflecting the readings taken for the meter no.1707786 till December 2021. According to the directions laid down by the Govt. of Punjab the electricity bills due till 31.12.2021 should be waived off. Moreover, 300 units per month from July 2022 onwards is provided free to all consumers. The consumption of the complainant for the month of January 2022 was mischievously shows as 2773 units. The OP failed to show any proof or supporting evidence as to satisfactorily validate such high readings for one month despite so many requests and complaints to the concerned authority of the OP. The dues and arrears shown by the OP are that of the subsidy period i.e. before 31.12.2021. The act and conduct of the OP amounts to negligence on the part of the OP and as such, as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to clear and waive off all dues Rs.24,220/- wrongly concocted on the complainant and also to pay Rs.1,50,000/- as compensation for causing mental tension and harassment to the complainant and Rs.20,000/- as litigation expenses.
2. Notice of the complaint was sent to the OPs, who filed reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable as the charges levied are on account of non-payment of current bills, arrears and unpaid default amount and the consumer is a defaulter in the eyes of law and the charges leveled are rightly and legally charged as per rules, regulations and instructions of the Punjab State Power Corporation Limited, as such, there is no deficiency and negligence in service on the part of the OPs. It is further averred that the complainant does not have any cause of action against the OPs. The complainant is stopped by his own acts and conduct from filing the present complaint. The complaint is bad for mis-joinder and non-joinder of necessary parties. The complainant does not have any locus-standi to file the present complaint. On merits it is admitted that the electric connection No.3005160698 (DS) is running in the name of the complainant, but the other allegations as made in the complaint by the complainant are categorically denied and lastly submitted that the complaint of the complainant is without merits and the same may be dismissed.
3. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
4. We have heard the complainant in person only as none has appeared on behalf of the OPs and have also gone through the case file very minutely.
5. It is admitted that the electric connection account No.3005160698 (DS) is running in the name of the complainant. The complainant has alleged that on 02.08.2022, he received SMS from the OP regarding the due amount by 15.08.2022, which was of Rs.9390/- and he again received the message regarding the due amount of Rs.17,350/-. He has proved on record the bill Ex.C-2. He has further alleged that he wrote number of letters and emails, which have been proved Ex.C-3 to Ex.C-9, that the electricity bill due till 31.12.2021 should be waived off as per the directions of the Govt. of Punjab and 300 units per month from July, 2022 onwards be not charged. He has further relied upon the bill Ex.C-10 and Ex.C-11 alleging that the consumption has wrongly been shown as 2773 units.
6. The contention of the OP is that the complainant has made last payment for a sum of Rs.6970/- on 07.12.2020 and since then he has not paid the amount. The amount due towards the complainant on 08.08.2023 is Rs.25,270/-. The refund of Rs.6778/- has already been given to the complainant as per instructions of PSPCL vide circular. It has further been alleged by the OP that the meter was found dead, which was changed on 08.08.2023 and the bill for the month of March, May and August have been sent to the consumer on the basis of consumption. There is no illegality in the bills sent to the complainant. The bills have been as per consumption.
7. Perusal of Ex.C-2 shows that these are two messages showing that the OP has sent message about the due amount towards the complainant which was to be paid by 17 August, 2022 and 17 October, 2022 respectively. The OP has proved the bill dated 02.08.2022, which shows that the bill was for four months i.e. from 02.04.2022 to 02.08.2022. Nothing has been mentioned in column of consumption in this bill and the bill of Rs.9470/- has been shown to be due towards the complainant. Current charges have been shown Rs.191.58 and unpaid arrears have been shown Rs.6372.14. Another bill Ex.OP-7 shows the consumption of 272 units, whereas the status of meter reading shows the difference of 2705 units. This bill is from 03.04.2022 to 02.10.2022, whereas Ex.OP-6 was for 02.04.2022 to 02.08.2022. The current charges have been shown as Rs.12,153.96 and unpaid arrears have been shown Rs.2374.84, whereas the OP has clearly mentioned that the complainant did not pay any bill. For two months i.e. from 02.08.2022 to 02.10.2022 charges have been levied as Rs.12,153/-. The complainant has also proved the bill dated 27.11.2022 Ex.C-10 which shows that the consumption of 296 units has been found and the amount of arrears has been shown as Rs.17,968/-. This bill is from 02.10.2022 to 27.11.2022 i.e. one and half months. The detail of the bills due as per Ex.C-2 shows that the amount due has been shown as Rs.9390/- by 17 August, 2022, whereas as per Ex.OP-6 the amount due has been shown as Rs.9474.46. Similarly, in the message the amount Rs.17,390/- has been shown to be due by 17 October 2022 and in Ex.OP-7 the amount due has been shown as Rs.17,430/-. No detail of arrears has been given nor any separate bill has been given by the OP. The complainant has written number of letters and emails to the OP, Ex.C-3 to Ex.C-9, to waive of the bill and to correct the meter, but no reply has been given by the OP. As per the written statement of the OP, Rs.6778/- have been refunded to the complainant, but on what basis Rs.6778/- have been refunded, nothing has been mentioned by the OP nor this fact has come on record as to whether these are the exemptions as per the letter/instructions of Govt. Ex.OP10 or these are for any extra payment, if any, made by the complainant nothing has been mentioned. The OP has alleged that the meter was found defective, therefore the same was changed. Perusal of Ex.OP-1 shows that the meter was changed on 10.08.2023 and as per the report of ME Lab, the behavior of the meter was found erratic. Nothing has been mentioned in this letter as to how the behavior of the meter was erratic. The OP has produced on record the consumption data of the complainant Ex.OP-3. Perusal of this data shows that from 30.08.2014 onwards the reading of the meter has been shown less than 100 units and sometimes zero unit. The reading from 24.05.2019 has been shown 300 units and till 02.08.2022, the consumption of the electricity by the complainant was maximum to maximum 500 units, but on 02.08.2022 till 02.10.2022, the same was found to be 2705 units. Thereafter, from 02.10.2022 again the unit consumption has been shown less than 500. On 24.03.2023, the meter was found defective. Till 24.03.2023, the consumption of the unit has not crossed the 200-500 units. The pattern of consumption of units clearly show that there is deficiency in service and one fine morning for two months, the consumption has been shown 2705 units. Perusal of Ex.C-10 shows that the last six months consumption also shows the first month consumption 2773 unit and thereafter 7 unit, 0 unit, 1 unit and 229 units, meaning thereby that it was less than 300. The contention of the OP is that the complainant might have used the electricity and has not disclosed the complete facts, but this contention of the OP is not tenable as we cannot presume that he might have used the electricity whereas for all these 7-8 years, the consumption is not much. Sometimes the same is 0, 1 or 7. As per the guidelines and instructions of the Govt., Ex.OP-10, the amount of pending arrears as on 31.12.2021 was to be waived off and thereafter there was an exemption from payment of the bill upto 300 units, if the consumption is upto 300 only, for one month. The OP has not produced on record any document to show the detail of the arrears alleged to be recovered from the complainant. As per Supply Code 2017 Clause 30.1.2 that ‘the bill cum notice for arrears in case of under assessment or the charges levied as result etc. shall be initially tendered separately and shall not be clubbed with the current electricity bill. The arrear bill cum notice would briefly indicate the nature and period of arrears along with calculation details of such arrears........ As per Electricity Supply Instruction Manual 93.1, which reads as under:-
“There may be certain cases where the consumer is billed for some of the dues relating to previous months/years or otherwise as arrears on account of under assessment or demand / load surcharge pointed out by Internal Auditor/ detected by the authorized officers either owing to negligence of the PSPCL employees or due to some defect in the metering equipment or due to application of wrong tariff/ multiplication factor or due to mistake in connection or other irregularities etc. In all such cases, separate bills shall be issued giving complete details of the charges levied.
8. In view of the above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to waive off all the dues till 31.12.2021. Further, OPs are directed to pay a compensation of Rs.15,000/- for causing mental tension and harassment to the complainant and Rs.8000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
9. 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 Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
26.07.2024 Member Member President
