BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.168 of 2016

Date of Instt. 11.04.2016

Date of Decision:18.04.2017

SC Khanna aged about 75 years resident of House No.W.B.248, Ali Mohalla, Jalandhar. ..........Complainant

Versus

Punjab State Power Corporation Ltd., Patel Chowk, Jalandhar through S.D.O. .........Opposite party

Complaint Under Consumer Protection Act.

Before: Sh. Karnail Singh, (President),

Sh. Parminder Sharma (Member)

Present: Complainant in person.

Sh. DR Seth, Adv. Counsel for OP.

Order

Karnail Singh (President)

1. This complaint filed by complainant, wherein alleged that Bill No.1, it has been paid and entered in register at serial No.61 which is admitted by the OP. The said bill with penalty is repeated in the next Bills dated 11.07.2015, 16.09.2015 and 09.01.2016 being un-paid. The complainant is 75 years old and he was compelled to visit the office of OP so many times for this purpose and further submitted that due to mishandling of computer, said mistake is still going on and has become cancer like problem for the complainant which is deficiency in service and further prayed for compensation of Rs.10,000/-.

2. Notice of the complaint was given to opposite party who filed a reply and contested the same by taking preliminary objections that the present complaint is absolutely not maintainable in the present form and is defective, without any logic base and vague, without in proper form as formulated in the Act, with no relief and having no communication of proper sense is liable to be dismissed on this score and further averred that the complainant does not have any cause of action and even the complaint is bad for misjoinder and non joinder of necessary parties. On merits, para No.1 and 2 of the complaint is replied in the manner as it is matter of record and further submitted that the consumer is having an electric connection account No.PC-14/0334 is of Patel Chowk, Sub Division, Jalandhar of the OP. The bill for the month April 2015 for a sum of Rs.840/- was intent at Sewak Machine installed under Maqsudan, Sub Division of the OP. In the meanwhile department adopted S.A.P system old record/payments due to heavy transaction, it took three to four months to add in new system. The next two bills issued with arrears amount due to non migration as well non-intimation of payment record from other office (Maqsudan Sub Division). The bills of the consumer were corrected at both the times which the consumer paid. Maqsudan Sub Division, Jalandhar intimated this office of Patel Chowk, Sub Division on 26.10.2015 that the payment of account No.PC-14/0334 has been paid copy of which is attached. The answering OP Patel Chowk, Sub Division Office credited Consumer Account with Rs.853/- on 03.11.2015. The bills issued in 1/2016 for Rs.1565/-, 3/16 for Rs.1132/- were not paid by the complainant in time. Consumer paid these bills on 29.04.2016. The remaining allegations made in the complaint are categorically denied and lastly prayed that the complaint of the complainant is without merit and same may be dismissed.

3. In order to prove his claim, the complainant himself tendered into evidence duly sworn affidavit Ex.CA alongwith Electricity Bill Ex.C1 to Ex.C5 and closed the evidence.

4. Similarly, Counsel for the OP tendered into evidence affidavit Ex.R1 alongwith documents Ex.R2 Statement of Account and Ex.R3 Letter and then closed the evidence of the OP.

5. We have heard the complainant in person and learned counsel for the opposite party and also gone through the case file very minutely.

6. After hearing the arguments, it reveals that the simple claim of the complainant is that he installed an electricity connection in his house and a bill for the month of April, 2015 of Rs.840 was received and the same was paid by the complainant and it was entered in register at serial No.61 and these factum is not denied by the OP. Instead of paying the bill for the month April 2015, the said amount further repeated with a penalty in the next bills for the month of July 2015, September 2015 and January 2016 and as such alleged that there is deficiency in service on the part of the OP.

7. No doubt the OP has denied all allegations except the deposit of bill for the month of April, 2015 to the tune of Rs.840/- but the plea taken by the OP in its written reply that the said amount was inadvertently repeated in the next bills because the complainant deposited the said bill of Rs.840/- at Maqsudan Sub Division, but the said deposit has not migrated by the Maqsudan Sub Division to the Sub Division, Patel Chowk and due to that mistake, the said amount was repeated with penalty.

8. It means that the OP has itself admitted its own fault in the written statement and due to that fault the complainant had to visit the office of the OP number of times and faced un-necessary harassment and humiliation and for that the complainant is entitled for compensation.

9. In the light of above detailed discussion, the complaint of the complainant is partly accepted and OP is directed to pay compensation of Rs.800/- to the complainant for harassment, the said payment be made within 30 days from the date of receipt of copy of order, failing which the complainant will be entitled to get interest thereon @ 9% per annum from the date of filing complaint till realization. Complaint could not be decided within stipulated time frame due to rush of work.

10. 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

18.04.2017 Member President