DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 329 of 28.8.2019

                                      Decided on: 25.9.2024

M/s Ashok Rice Sheller, Rice Mill, Rajpura Road, Patiala through Lessee M/s NV Rice Mills, Rajpura Road, Patiala  through its Proprietor Sakshi Kansal wife of Vikas Gupta, resident of House No.121-B, Azaad Nagar, Patiala.

                                                                   …………...Complainant

                                      Versus

1. Punjab State Power Corporation Ltd.,(Powercom),

Head Office: Mall Road, Patiala through its Chairman-cum-Managing Director.

2. The Addl. S.E./Sr.XEN, Op West Division, Punjab State Power Corporation Ltd.(Powercom), Patiala.
3. Sub Divisional Officer, Punjab State Power Corporation Ltd. Sub Division: West Commercial (Fort) Division: West Division, Circle Office: Patiala.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh.Pushvinder Singh, President

                                      Sh.G.S.Nagi, Member   

ARGUED BY

                                      None for the complainant.

                                      Sh.B.L.Bhardwaj, counsel for the OPs.

 ORDER

                                      G.S.NAGI, MEMBER

1. The instant complaint is filed by M/s Ashok Rice Sheller, Rice Mill, Rajpura Road, Patiala through Lessee M/s NV Rice Mills, Rajpura Road, Patiala  through its Proprietor Sakshi Kansal (hereinafter referred to as the complainant) against Punjab State Power Corporation Ltd.,(hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. It is averred in the complaint that the complainant is consumer of MS electricity connection No.3000000085 having sanctioned load 71.144 KW & CD 79.0409KVA under the office of OP No.3. It is averred that the said firm is run by the complainant to earn his livelihood.
3. It is averred that complainant was served an exorbitant bill dated 2.8.2019 of Rs.1,63,820/-( Rs.15,832.80 as current charges plus Rs.97,173.80 as sundry charges, plus Rs.50,797.20 as arrears of current financial years) for the period 30.6.2019 to 31.7.2019. It is further averred that prior to this bill the OPs have issued bill dated 4.6.2019 vide which demand of Rs.1,22,170/- ( Rs.24310.6 as current charges plus Rs.97861/- as sundry charges) was raised and also a bill dated 3.7.2019 vide which demand of Rs.1,44,930/- i.e. Rs.14785.7 as current charges plus Rs.97,346.9 as sundry charges was raised by the OPs. It is averred that in the bill of May 2019, no such sundry charges were levied. That each and every time OPs assured that the bills will be rectified but every time in the bills of June, July and August,2019 OPs levied huge amount of sundry charges and arrears in the bills without any reasonable cause, which is totally unjust on the part of the OPs. It is averred that the complainant is ready to pay 20% of the latest disputed bill of August 2019. It is averred that other than the disputed bills, the complainant had paid entire previous bills and is paying the other subsequent bills. Thus the bills in question are illegal, null and void and are liable to be withdrawn. That there is mal practice and unfair trade practice on the part of the OPs which caused inconvenience, mental agony, harassment and humiliation to the complainant. Hence this complaint with the prayer to accept the same by giving direction to the OPs to withdraw electricity bills in dispute; to pay Rs.50,000/- as compensation on account of inconvenience, mental agony, harassment and humiliation caused to the complainant and also to pay Rs.15000/-as litigation expenses.
4. Upon notice, OPs appeared through counsel and filed written reply having contested the complaint by raising preliminary objections that the complaint is not maintainable; that the complainant has not come to the Hon’ble Forum (Now Commission) with clean hands; that the complainant is required to deposit the current bills from 14.6.2019 to 13.9.2019 and also to deposit 50% amount of the disputed amount i.e. Rs.97859/-(charged on account of sundry charges and meter rent recovery) and that the complainant has no cause of action to file the present complaint.
5. On merits, it is averred that the complainant is commercial entity with sanctioned load 71.144 KW & CD 79.0409KVA. It is further averred that the bills in question have been issued as per energy consumed by the complainant and as recorded by the subject meter installed at the premises. It is averred that the complainant is not paying the amount since 14.6.2019 inspite of repeated requests and reminders and that there is an outstanding amount of Rs.1,84,320/-against the complainant which also includes Rs.8949/- , which was recoverable on account of less meter rent charges as per observation made by the internal audit half margin (H.M.) No.6 dated 30.10.2018. That the above stated outstanding amount also includes an amount of Rs.88912/- as on 23.5.2019 as sundry charges as per half margin (H.M.) No.21 dated 5.9.2018 and that there is no illegality on the part of the OPs in raising the said demands and the complainant has been rightly charged the amount in the bills including sundry charges and recovery of less rent amount as per half margin of the internal audit as stated above. It is averred that there is no deficiency in service on the part of the OPs. After denying all other averments, OPs have prayed for the dismissal of the complaint.
6. In evidence ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of Sakshi Kansal alongwith documents i.e. Ex.C1 copy of lease deed, Ex.C2 copy of bill dated 2.8.2019, Ex.C3 copy of bill dated 4.6.2019, Ex.C4 copy of bill dated 3.7.2019, Ex.C5 copy of bill dated 3.5.2019, Ex.C6 copy of bill dated 13.12.2018 and closed the evidence.
7. On the other hand, ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Er.Om Parkash, AEE alongwith documents i.e. Ex.OP1 copy of details of outstanding amount, Ex.OP2 and Ex.OP3 copies of half margin internal audit as regards reverse entry made wrongly for an amount of Rs.88912/-,Ex.OP4 copy of half margin vide which less meter charges recoverable from the complainant,Ex.OP5 copy of electricity bill and closed the evidence.
8. Written arguments on behalf of the OPs have been filed. We have gone through the same and have also  heard the ld. counsel for the opposite parties.
9. The complainant  has alleged that he is using electricity from the account No.3000000085 having a sanctioned load of 71.144 KW and CD of 79.040 which is installed in the name of M/s Ashoka Rice Sheller and is under lease with the complainant as per lease agreement,Ex.C1. The complainant has alleged that since he is the beneficiary of the said connection as such he falls under the category of consumer as per Consumer Protection Act.
10. The complainant has alleged that an exorbitant bill dated 2.8.2019 Ex.C2 amounting to Rs.1,63820/- which includes sundry charges amounting to Rs.97173.80  and an arrear of current financial years amounting to Rs.50797.20 with current charges being 15832.80 was issued to the complainant. The complainant has alleged that prior to this also in the bill dated 3.7.2019,Ex.C4  similar charges amounting to Rs.97346/- were added as sundry charges in the bill. The complainant has alleged that no sundry charges were added in the bill in the month of May 2019,which is Ex.C5.The complainant has alleged that these charges were levied without any reasons and no reason was explained by the OPs when the complainant visited their office. The complainant has alleged that the complainant had been paying his bills regularly. The complainant has as such prayed that the amount of Rs.97123/- charged in the bill of 8/2019 be waived off and correct bill be issued to the complainant. The complainant has also prayed for the compensation on account of mental agony and harassment and litigation charges.
11. The OPs in their written statement have pleaded that the connection of the complainant has been released under industry category and the same is being used by the complainant for commercial activity and as such the complainant is not a consumer as per the provisions of the Consumer Protection Act. The OPs have further submitted that the bills issued to the complainant are as per the energy consumed by the complainant and there is no illegality in the same. The OPs have further submitted that the complainant has not been paying his bills since 14.6.2019 and there is an outstanding amount of Rs.1,84320/- as per Ex.OP1 against the complainant, which includes an amount of Rs.8949/- which was recoverable on account of less meter rent charged to the complainant in the bills as per the observations made by the internal audit vide half margin no.6 dated 30.10.2018 as per Ex.OP4 and Rs.88912/- charged as sundry charges on 23.5.2019 as per half margin No.21 dated 5.9.2018 which is Ex.OP2 and Ex.OP3.The OPs have submitted that the bills issued to the complainant are as per the laid rules and regulations and the energy consumed by the complainant and are recoverable. They have as such prayed for the dismissal of the complainant.
12. We have considered the rival submissions of the parties and have also gone through the record and evidence produced by the parties, carefully.
13. The bill dated 2.8.2019 issued to the complainant as per Ex.C2 which includes sundry charges of Rs.97173/- has been challenged by the complainant. The OPs in their written statement have submitted that the amount of Rs.97859/- has been charged to the complainant which is detailed as under:
1.  

A perusal of the report indicates that no reason has been cited by the audit party for the charging of this amount. No mention has been made regarding the meter which was installed at the premises of the complainant and the meter rent which was to be charged from the complainant as per the tariff order issued by the OPs from time to time. Even the perusal of the audit report indicates that the amount was to be charged after verification by the concerned office. However, no such verification/explanation has been provided by the OPs and as such OPs have failed to prove that the said amount due to different meter rent was chargeable to the complainant.

The ld. counsel for the OPs has failed to explain anything about the said CV reversals.As such the argument of the OPs that these charges relate to actual consumption made by the complainant is belied. The audit note in fact states that this amount pertains to reversals of some amount at the time of migration of data. No such evidence has been placed on record by the OPs which explains that there was any mismatch in the debit/credit account of the complainant at the time of migration of the data from manual system to online system. The ld. counsel even failed to disclose anything about the said entry i.e. the year in which the data migration took place and any ambiguity in the credit/debit account of the complainant. No record regarding the account of the complainant indicating the CV reversals as alleged by the OPs have produced on record. Merely the amount has been charged on the basis of audit note in itself which again states that the amount should be charged after due verification. No such verification appears to have been done by the OPs as nothing regarding such verification has been produced on record.

14. In view of the observations above, we are of the opinion that the OPs have failed to prove that the amount charged to the complainant as sundry charges and rental charges was in order. As such the complaint is allowed partly and the amount of Rs.97859/- charged to the complainant in the bill as sundry charges is setaside. The OPs are directed to issue the correct revised bill to the complainant.  No order as to costs.    
15.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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                                              G.S.Nagi                PUSHVINDER SINGH

                                              Member                          President