DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 312 of 16.8.2021

                                      Decided on:   17.1.2023

Balwant Singh aged about 57 years, son  of late S.Mohinder Singh R/o village Jhill, Tehsil and District Patiala.

                                                                   …………...Complainant

                                      Versus

1. Punjab State Power Corporation Ltd., through its Chairman cum Managing Director, The Mall, Patiala.
2. Assistant Executive Engineer, West Commercial Sub Division, Punjab State Power Corporation Ltd.,Patiala.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh. S.K.Aggarwal, President

                                      Sh.G.S.Nagi,Member    

ARGUED BY

                                      Sh.P.S.Jaggi, counsel for complainant.

                                      Sh.H.S.Dhaliwal, counsel for OPs.

 ORDER

                                      S.K.AGGARWAL,PRESIDENT

1. The instant complaint is filed by Balwant Singh s/o late S.Mohinder singh       (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 that complainant was a consumer of PSPCL having domestic connection bearing a/c No.3000390405 running in his name. It is further averred that notice has been issued to Sh.Darshan Singh s/o Inder Singh r/o 9/8,Ghuman Nagar-A,Patiala, where electricity connection bearing a/c no.3004621346 has been running.It  is further averred that the complainant is using electricity from this connection.
3. It is further averred that connection bearing a/c No.3000390405 was disconnected in the month of 6/2017 and at that time nothing was due to the complainant.
4. It is further averred that connection bearing a/c No.3000056376 was running in the name of Sh.Mohinder Singh, father of the complainant , who had expired on 29.8.2019 and the connection was disconnected on 10/2018 and at that time nothing was due tofather of the complainant.
5. It is further averred that the complainant has sold his house and is presently residing on rent in the housed owned by Sh.Darshan Singh s/o S.Inder Singh, H.No.9/8, Ghuman Nagar-A, Patiala.It is further averred by the complainant that Darshan Singh told him thqt OP No.2 issued a letter no.2751 dated 23.7.2021 mentioning the subject:for using electricity by Balwant Singh s/o Mohinder Singh from account No.3004621346.  It is also mentioned in the letter that consumer Balwant Singh/Mohinder singh have made default in the payment of electricity bills and against these consumer, an amount of Rs.1,52,282/-against a/cNo.3000056376 and a/c No.3000390405 is outstanding and recovearable.
6. It is further averred that nothing was due to the complainant  and his father from the  disconnection of their  connection on 6/2016 and 10/2018 respectively. It is further averred that there is no provision in any law relating to supply of electricity to charge the amount to the owner of the house and the OPs have violated the provisions of Electricity Supply Code and Related Matters, Regulations.
7. It is further averred that the complainant requested the OPs to withdraw the demand raised by them but they flatly refused to do so. There is thus deficiency in service and unfair trade practice on the part of the OPs which caused mental agony and harassment to the complainant. Consequently, prayer has, thus been made for acceptance of the complaint.
8. Upon notice, OPs appeared through counsel and filed their written statement taking various preliminary objections. On merits, it is admitted that complainant was using connection No.3000390405. It is also admitted to be correct that notice has been  issued to Darshan Singh s/o Inder Singh, where an electricity connection No.3004621346 is running and that the complainant was using electricity from the said connection. It is denied that complainant is consumer of connection No. 3004621346. It is admitted that connection No.3000056376 was running in the name of Sh.Mohinder Singh, father of the complainant and the same was disconnected on 4.10.2018 due to non-payment of bills and an amount of Rs.1,50,140/- was due against the said connection upto 17.1.2021. It is also admitted that presently  complainant is residing on rent, in the house owned by Darshan Singh s/o Inder Singh, House No.9/8, Ghuman Nagar-A,Patiala.
9. It is alleged that connection No.30000390405 was running in the name of complainant and the same was disconnected vide PDCO dated 20.1.2017. It is further submitted that one more connection No.3000056376 was running in the name of Mohinder Singh, father of complainant, was being used by the complainant, was also disconnected on 4.10.2018, due to non-payment of electricity bills, as an amount of Rs.1,50,140/- was due against the said connection upto 17.1.2021 and an amount of Rs.1,52,282/- alongwith surcharge and interest, was due against the complainant when notice No.2751 dated 23.7.2021 was issued. It is averred that the complainant left his premises and started residing as tenant in the house of Darshan Singh and as such notice No.2751 dated 23.7.2021 was issued to Darshan Singh. It is also averred that complainant is liable to pay the amount due to connection of Mohinder Singh being his son/LR. It is further averred that the complainant is using the electricity from the connection of Darshan Singh, as such, the electricity connection of Darshan Singh can be disconnected because the complainant was already defaulter in paying the electricity charges. There is thus, no deficiency in service in raising the demand. After denying all other averments of the complainant, the OPs have prayed for the dismissal of the complaint.
10. In support of the complaint, ld. counsel for the complainant has furnished Ex.C1, affidavit of the complainant,Ex.C2, copy of letter dated 2751 dated 23.7.2021,Ex.C3 copy  of bill wise detail,Ex.C4 copy of death certificate and closed the evidence of the complainant.
11. On the other hand, ld. counsel for the OPs has tendered in evidence Ex.OP1, affidavit of Gurpreet Singh, SDO alongwith documents, Exs.OP2 to OP4 and closed the evidence.
12. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
13. The perusal of notice, Ex.C2 indicates that the same was issued by the OPs vide memo No.2751 dated 23.7.2021, for recovery of Rs.152282/- from Sh.Darshan Singh S/o Inder Singh, R/o 9/8, Ghuman Nagar-A, Patiala having a/c No.3004621346, on account of defaulting amount pertaining to Balwant Singh/Mohinder Singh having a/c  Nos. 3000056376 & 30000390405 r/o village Zhill as Sh.Balwant Singh(complainant) was the tenant of Darshan Singh.
14. Ld. counsel for the OPs has argued that complainant is not a consumer as per provisions of Consumer Protection Act, 2019. However, this argument is not tenable as the complainant falls under the definition of Consumer as per Section 2(7)(ii) of the Consumer Protection Act,2019. Since the complainant is using electricity from the connection of said Darshan Singh as is mentioned in the notice and is beneficiary of service.
15. The complainant was a consumer of electricity of general connection bearing a/c No.3000390405 situated in village Jhill, Patiala. The said connection of the complainant was disconnected vide disconnection order, Ex.OP2 on 20.1.2017. Electricity from another connection bearing a/c No. 3000056376 in the name of Mohinder Singh, father of the complainant was being used by the complainant. This connection was also disconnected vide order dated 3.10.2018, Ex.OP3 and that an amount of Rs.1,52,282/- was outstanding against these connections. Ld. counsel for the OPs has further argued that the complainant Balwant Singh left the premises and became tenant of Darshan Singh, a resident of 9/8, Ghuman Nagar-A, Patiala.
16. OPs issued notice to Darshan Singh for recovery of the amount of Rs.1,52,282/-, which was outstanding against Mohinder Singh having account No.3000056376 (Ex.OP4), which also included amount outstanding against  a/c No.3000390405 of  Balwant Singh. The amount charged to the connection  of Darshan Singh,  having account No.3004621346 is neither in the name of complainant nor is installed in the same premises against which the amount of Rs.1,52,282/- is alleged to have been outstanding. As such the amount has been charged illegally to the complainant in violation of Regulation No.30.15 of Supply Code,2014,framed by Punjab Electricity Commission, exercising the power conferred under Section 181 read with various other sections of Electricity Act-2003 read with Electricity Amendment Act (No.2608 of 2007),which states as under:

“In case of transfer of property by sale/inheritance, the purchaser/heir shall be liable to pay all charges due with respect to such property and found subsequently recoverable from the consumer.”

It is clear from the above regulation that the amount can be charged to and recovered only from the premises where it was due.

17. In view of above discussion, it is held that the amount so charged to the complainant vide letter/notice No.2751 dated 23.7.2021, Ex.C2 is against the rules and regulations and is liable to be quashed. As such the complaint is  allowed and we order accordingly. Parties are left to bear their own costs.
18. The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
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                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President