Punjab

Moga

CC/17/6

Arvind Kumar - Complainant(s)

Versus

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

Sh. Vishal Jain

14 Jun 2017

ORDER

THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

 

                                                                                      CC No. 6 of 2017

                                                                                      Instituted on: 10.01.2017

                                                                                      Decided on: 14.06.2017

 

Arvind Kumar aged about 44 years son of Sh. Ramesh Kumar son of Sh. Gauri Shankar, resident of House no.816, Gali no.5, Geeta Colony, Moga.

 

                                                                                ……… Complainant

 

Versus

1.       Punjab State Power Corporation Limited, through its Secretary, The Mall, Patiala.

 

2.       Executive Engineer, Punjab State Power Corporation Limited, City Division, Moga.

 

3.       Sub Divisional Officer, South Sub Division, Punjab State Power Corporation Limited, Moga.  

 

 

                                                                           ……….. Opposite Parties

 

 

Complaint U/s 12 of the Consumer Protection Act, 1986.

 

 

Quorum:    Sh. Ajit Aggarwal,  President

                   Smt. Bhupinder Kaur, Member

 

Present:       Sh. Vishal Jain, Advocate Cl. for complainant.

                   Sh. S.K. Dhir, Advocate Cl. for opposite parties.

 

ORDER :

(Per Ajit Aggarwal,  President)

 

1.                Complainant has filed the instant complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the "Act") against Punjab State Power Corporation Limited, through its Secretary, The Mall, Patiala and others (hereinafter referred to as the opposite parties) directing them not to recover Rs.73,250/- as shown in the electricity bill no.1100617A091032547 dated 09.01.2017 qua the Consumer connection no.F24GK540530P and contract a/c no.3002424566  in the name of the complainant and also to correct the electricity account of the complainant up-to-date and further to correct the address of the complainant in its record as mentioned in the complaint and also directed the opposite parties not to disconnect the abvoesaid connection number and electric meter no.066820 till the pendency of the present complaint. Further opposite parties may be directed to pay Rs.50,000/- as compensation on account of mental tension and physical harassment and Rs.15,000/- as legal expenses to the complainant or any other relief which this Forum may deem fit and proper be granted to the complainant.

2.                Briefly stated the facts of the case are that the complainant is a consumer of opposite parties and having electricity consumer no.F24GK540530P and having meter no.066820, which is installed in the house of complainant from the last so many years and the complainant is consuming the electricity from the said meter. In the month of May 2015, the complainant deposited an amount of Rs.6915/- before the opposite party no.3 for changing the meter from single phase to three phase after fulfilling all the formalities as directed by opposite party no.3. The opposite parties changed the meter from single phase to three phase. Thereafter, the complainant received regular consumption charges from opposite party no.3, which was duly paid by the him, through bills 19.08.2015, 29.11.2015, 16.01.2016 and 10.03.2016 and the deposit receipts were also issued by the opposite parties. Even after depositing the fees for the change of meter from single phase to three phase, the opposite parties could not change the meter in its record from single phase to three phase and the complainant still received the bill as a single code and on average basis. A numbers of times the complainant complained about the same to the official of opposite parties, but nothing had been done. Thereafter, the complainant again received the bill dated 12.07.2016 to the tune of Rs.76,740/- for the period 27.4.2016 to 12.7.2016 on the same single code and on average basis. The complainant again requested the opposite party no.3, who told that he has to deposit Rs.52,220/- in his account as electricity charges as full and final settlement of his account. Under the pressure of disconnecting of electricity connection, the complainant deposited the said amount of Rs.52,220/- with opposite parties, vide cheque no.682644 dated 26.09.2016, through State Bank of Patiala. On 19.07.2016, the complainant also moved an application to S.D.O South PSPC Ltd. Moga regarding the correction of bill according to the meter reading after change of meter from single phase to three phase which was duly received by the official of opposite parties on 21.07.2016 and acknowledged the same and the said official ordered by mentioning that display was damaged and new MCO be issued, but nothing has been done by any official of the opposite parties, even after passing the order of SDO dated 21.07.2016. Thereafter, again the complainant received bill dated 13.09.2016 to the tune of Rs.98,820/-(As net SOP Rs.79,838/- + net ED Rs.16,490/- - net OCT Rs.1527/- = Rs.97,855/-. The complainant again approached opposite parties, then official of opposite parties assured the complainant that he will again receive the correct bill from opposite party no.3 and also marked the sail bill to some official by mentioning the details of earlier and later meter, but nothing was done. Again the complainant received bill dated 11.11.2016 from opposite party no.3 for an amount of Rs.66,430/- for the period 12.7.2016 to 11.11.2016 on a single code and on average basis including earlier bill dated 13.09.2016. Again the complainant received the bill dated 09.01.2017 for the period 12.07.2016 to 09.01.2017 including the earlier bills dated 13.09.2016 and 11.11.2016 to the tune of Rs.73,250/- by mentioning the earlier arrears of Rs.60,093/-, which is totally illegal and liable to be set aside as no electricity charges or any arrear due against the complainant; as the complainant had regularly paid the amount of the electricity consumed by him to opposite parties; as the abovesaid amount is not according to their rules and regulations and the said demand is illegal and without any basis. The complainant never consumed the electricity to this extent as shown in the bill in dispute. The opposite parties threatened the complainant that if he will not pay the bill in dispute then his electric connection will be disconnected. The complainant requested the opposite parties that he is ready to deposit the actual consumption charges and also requested them not to disconnect the electricity connection, but they paid no heed to the request of the complainant. Due to the acts of the opposite parties the complainant has suffered great mental tension, agony and harassment. Hence this complaint.

3.                Upon notice, opposite parties appeared through their counsel and filed written reply taking certain preliminary objections that the present complaint is not maintainable; that this Forum has got no jurisdiction to try and decide the present complaint; that the complainant has got no locus-standi to file the present complaint; that the complainant has concealed material facts from this Forum. Actual facts are that electric connection in dispute in the name of complainant and the said connection was enhanced from single phase to three phase in May, 2015 and accordingly three phase meter was installed in place of single phase meter. Bill for the month of 8/2015 amounting to Rs.11,140/- was issued to the complainant on average basis. Thereafter, bill for the month of 10/2015 amounting to Rs.5043/-, 12/2015 amounting to Rs.5926/-, 01/2016 amounting to Rs. 3080/-, 3/2016 amounting to Rs.4518/- were issued on average basis, as the status of the period shown as 'F' Code means meter mismatch. The opposite party corporation inadvertently could not send the advice of change of meter to the billing department. Accordingly opposite parties cancelled the abvoesaid bill and prepared the revise bill from 25.04.2015 to 12.07.2016 amounting to Rs.80,243/-. The complainant paid the said amount without any protest. Thereafter, the opposite party corporation has issued the bill for the month of 09/2016 amounting to Rs.12,963/- on average basis, bill for the month 11/2016 amounting to Rs.8974/-, bill for the month of 01/2017 amounting to Rs.5941/- to the complainant on average basis as the status of the meter shown as 'N' Code. The complainant has not paid the abovesaid bills. Accordingly opposite party' corporation cancelled the abvoesaid bills and prepared the revise bill from 12.07.2016 to 12.03.2017 amounting to Rs.80,143/- and the same was issued to the complainant. The said amount relates to the consumption charges for the period 12.07.2016 to 12.03.2017. The complainant is liable to pay the same both in law and equity. On merits, it is admitted upto the extent that opposite party' corporation issued the bills and the same were deposited by the complainant without any protest. Bill for the period 25.04.2015 to 12.04.2016 was issued to the complainant and the said amount was deposited by the complainant without any protest. All other allegations made in the complaint have been denied and a prayer for dismissal of the complaint with costs has been made.

4.                In order to prove the case, complainant tendered in evidence his duly sworn affidavit Ex. C-1 alongwith copies of documents Ex.C-2 to Ex.C-14 and closed the evidence. 

5.                On the other hand, opposite parties tendered in evidence affidavit of Sh. Sukhdeep Singh, S.D.O. PSPC Ltd. Ex.OPs-1 and copies of documents Ex.OPs-2 to Ex.OPs-7 and closed the evidence.

6.                We have heard ld. counsel for the parties and have very carefully gone through record placed on file.

7.                The case of the complainant is that he is consumer of opposite parties and having electric connection installed in his house. In the month of May, 2015, he deposited requisite fee with opposite parties for the change of his meter from single phase to three phase, after fulfilling all the formalities. The opposite parties changed his meter from single phase to three phase. After it, the complainant received bills regarding the consumption charges on different dates i.e. 19.08.2015, 29.11.2015, 16.01.2016 and 10.03.2016, which were duly paid by him. Even after deposit of fee for change of meter from single phase to three phase, opposite parties did not change the meter in their record and complainant received bills as per single code and on average basis. He approached opposite parties regarding the same, but they failed to correct their record. The complainant again received bill dated 12.07.2016 for Rs.76,740/- for the period 27.04.2016 to 12.07.2016 as per single code and on average basis. The complainant approached to opposite party no.3, who told the complainant to deposit Rs.52,220/- in his account as electricity charges as full and final settlement. On it, the complainant deposited this amount with opposite parties on 26.09.2016. The complainant moved an application to opposite parties for the correction of electricity bill and also for the correction of record regarding the change of meter. However, the complainant again received a bill dated 13.09.2016 for Rs.97,855/-. He again approached to opposite parties, who assured  the complainant that now he will receive correct bill in future. However, again he received bill dated 11.11.2016 for Rs.66,430/- for the period 12.07.2016 to 11.11.2016 as per single code and on average basis and also received bill dated 09.01.2017 for Rs.73,250/-, which are totally illegal and liable to be set aside, as no electricity charges or any arrear is due against the complainant. He was regularly paying the amount of electricity consumed by him. Opposite parties has been demanding this amount illegally and without any basis.

8.                On the other hand, ld. Counsel for opposite parties admitted that the complainant is their consumer and he applied for the enhancement of load and change of meter from single phase to three phase in May, 2015 and accordingly his meter was changed and bills for the month of 8/2015, 10/2015, 12/2015, 01/2016, 03/2016 were issued on average basis as the status of the period shown as 'F' Code means meter mismatch. The opposite parties inadvertently could not send advice of change of meter to the billing department. Accordingly, opposite parties cancelled the above said bills and prepared the revised bills from 25.04.2015 to 12.07.2016 for Rs.80,243/- after deducting the amount earlier paid by complainant. The complainant deposited this amount to opposite parties without any protest. Thereafter, the bill for the month of 9/2016, 11/2016, 1/2017 were issued to the complainant on average basis as the status of the meter shown a 'N' code. The complainant has not paid these bills. Accordingly, the opposite parties cancelled these bills and prepared the revised bills amounting to Rs.80,143/- on the basis of actual consumption and same was issued to complainant, but the complainant did not pay anything out of this amount. The complainant is liable to pay consumption charges both in law and equity. The opposite parties issued correct bills on the basis of actual consumption and they are entitled to recover this amount from the complainant.

9.                It is admitted case of the parties that the complainant is having electricity connection in his house. In May, 2015, he applied for the change of his meter from single phase to three phase, which was done by opposite parties. However, inadvertently the opposite parties could not make changes regarding it in their record and bills were sent to complainant on average basis with 'F' Code and on the request of complainant, opposite parties issued revised bill from 25.04.2015 to 12.07.2016 according to actual consumption, which were duly paid by complainant. Again the bills, after this period were issued to complainant on average basis time to time, but the complainant did not pay these bills. The complainant also failed to prove that he ever paid these bills to opposite parties. Thereafter, the opposite parties prepared the revised bills on the basis of actual consumption for the period from 12.07.2016 to 12.03.2017, but out of this amount, the complainant had not paid anything to opposite parties. We are of the considered opinion that the opposite parties have each and every right to claim this amount as consumption charges from the complainant and complainant is liable to pay this amount. However, the opposite parties are also liable to correct their record and to enter the correct data in the record of the complainant regarding his meter and to issue correct bills according to the consumption of the complainant on time.

10.              From the above discussion, the present complaint is hereby dismissed. However, in the interest of justice, opposite parties are hereby directed to correct their record and correct the data regarding the electric meter of the complainant in their record and also to issue correct bill according to actual consumption of the complainant on time in future. Copy of the order be supplied to the parties, free of costs. File be consigned to record room.

Announced in Open Forum.

Dated: 14.06.2017

 

                                                 (Bhupinder Kaur)                    (Ajit Aggarwal)

                                                             Member                                  President