BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.449 of 2018

      Date of Instt. 29.10.2018

      Date of Decision:24.08.2022

Gurmeet Singh aged about 63 Years S/o Shri Rash Pal Singh Parmar R/o 53, Sat Kartar Nagar, Near Income Tax Colony, Jalandhar, Punjab.

..........Complainant

Versus

1.       Punjab State Power Corporation Ltd. The Mall, Patiala, Punjab         Through its Chairman.

2.       SDO/AEE, Punjab State Power Corporation Ltd., Sub Division        Model Town Commercial, Model Town, Jalandhar, Punjab.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)                                

Present:       Sh. Atul Malhotra, Adv. Counsel for the Complainant.

                   Sh. K. L. Dua, Adv. Counsel for OPs No.1 & 2.

Order

Dr. HarveenBhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant is a consumer of OP and has been allotted an electricity connection bearing consumer no J72MT270926P and contract account no. 3001516188 in the name of Complainant under Domestic Category at the residence of Complainant. Till 19-9-2017, an electricity meter bearing no. 114451 was installed at the premises of complainant for recording electricity consumption. The Complainant had been making payment of electricity charges vide electricity bills regularly without fail. Earlier Complainant was receiving electricity bills regularly and correctly till September, 2016. But suddenly in the month of November, 2016, Complainant started receiving electricity bills with code as "F" which means "DIFFERENT METER" which does not make any sense. Further the electricity bills dated 21-11-2016 to bill dated 19-9-2017 and onwards were being sent by OPs under heading Bill Type "AVERAGE" i.e. average consumption whereas the said bills also mentioned the correct meter readings. Moreover, the consumption of the electricity through said electricity meter of Complainant started increasing. As such Complainant was constrained to challenge the meter no 114451. The Complainant many times approached OP No.2 and demanded justification regarding the electricity bills showing average charges but no justification was given to complainant. Thereafter, the said electricity meter of Complainant was changed by meter no.714296 by OPs. But OPs failed to seal or pack the removed meter no. 114451 in the presence of Complainant or any of his representatives. OPs took away the said old meter and got signed on a paper from the wife of Complainant stating it to be a formality for changing meter. Complainant or his wife had never given any consent for checking the said old meter in the absence of Complainant. Further OPs have failed to get check the said old meter from any ME laboratory or Electrical Inspector in the presence of Complainant or any of his representatives. Complainant has got no information or notice regarding the fate of the said old meter of Complainant. Thereafter, OPs another bill dated 19.11.2017 containing illegal and arbitrary charges for consumption of 7419 units of said old meter no.114451. The said bill dated 19.11.2017 is illegal and arbitrary because complainant had made all of the payments of said old meter 114451 prior to 19.11.2017 and nothing was due from complainant. The Complainant approached OP No. 2 and informed OPs about the arbitrary charges demanded in bill dated 19.11.2017. OPs directed Complainant to deposit Bill challenge fee which was deposited by Complainant vide receipt no.E-5425 (date not clear on receipt E-5425 which may be 9.10.2017). Thereafter, again complainant has received two electricity bills dated 18.7.18 and 13.9.2018 for the same period. First bill dated 18.7.2018 is for 63 days from 16.5.2018 to 18.7.2018 and bill dated 13.9.2018 is for 120 days from 16.5.2018 to 13.9.2018. Moreover, bill dated 13.9.2018 also contains previous year charges and other charges which are illegal and arbitrary since complainant had been making payment of all previous electricity bills. When complainant again approached OP No. 2 in the month of September, 2018, complainants was handed over one another electricity bill dated 20.9.2017 for Rs.84938/- illegally and arbitrarily after about one year from its due date. Complainant had earlier received bill dated 19.9.2017 and paid the said bill also. Moreover, complainant was never delivered the bill dated 20.9.2017 till September 2018. The complainant has approached OP No.2 many times and demanded explanation and justification of the said bills dated 19.9.2017, 20.9.2017, 18.7.2018 and 13.9.2018, but to no use. The complainant protested against the said bills and challenged the said bills on the grounds of being illegal and arbitrary. But OPs refused to listen to complainant and are demanding illegal and arbitrary arrears which have been already deposited by complainant. Further, OPs are issuing bills twice for the same period and are not rectifying their accounts and record. The acts of the OPs are against the rules and regulations as well as terms and conditions laid down in The Electricity Act, The Electricity Supply Act, The sales regulations of PSEB, Conditions of Supply, rules, regulations and circulars of the OPs in addition to being against the rules of natural justice. The consumption data of electricity consumed by the complainant for the years 2016 to 2018 proves that complainant never consumed electricity to the extent as shown in bills. The OPs have got no cause or reason or justification to demand the illegal charges for Rs.1,65,647/-. Further, OPs cannot impose charges on complainant without proper checking of the removed meter of complainant from Chief Electrical Inspector, Patiala or ME Lab in the presence of complainant. Moreover, the officials of OPs had failed to seal the removed old meter of complainant in the presence of complainant. The OPs or their officials have neither got checked the said meter of complainant nor verified the working of said old meter of complainant by any means properly as per the law till present date. There is no doubt that either the said old meter no.114451 of complainant had jumped and was running too fast and OPs have malafidely imposed the said amount on complainant after checking the old removed meter in the absence of complainant. Due to the above mentioned facts there is deficiency in service, negligence, unfair trade practice and restrictive trade practices on the part of the OPs and the complainant has suffered mental tension, harassment, financial losses and 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 quash the demand of OPs of Rs.1,65,647/- vide bill dated 13.09.2018 being illegal, arbitrary, excessive etc. and OPs be directed to issue correct bill after deducting the charges already paid by the complainant and the OPs be directed to refund the excess amount deposited by complainant. Further OPs be directed to pay a compensation of Rs.1,00,000/- to the complainant for causing mental tension and harassment.

2.                Notice of the complaint was given to the OPs, who filed joint written reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable as the complaint has not disclosed the true facts and has concealed the material facts and as such he is not entitled for any relief. The correct bills have been sent to the complainant in respect of the consumption of electricity and the complainant is legally bound to pay the same. The complainant has filed the false and frivolous complaint just to delay the payment of the legal outstanding payment of the OPs. There is no negligence in service or illegal trade practices on the part of the OPs so the present complaint is liable to be dismissed. The meter was changed from mechanical to electrical as per the policy framed by the OPs and the said meters were to be installed outside the houses of the consumer, as such, the changed meter could not be taken on the system as such the bills of that period were sent on average basis and the status of the meter was shown to be F-Code and later on the amounts paid in respect of the average bills were adjusted so the amount raised in the bill is correct and legally payable. The present complaint is liable to be dismissed with cost of Rs.10,000/-. On merits, the factum with regard to consuming the electricity by the complainant is admitted and changing of the meter is also admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder not filed by the complainant.

4.                In order to prove their respective versions, both the parties have produced on the file their respective evidence.

5.                We have heard the learned counsel for the respective parties and have also gone through the case file very minutely.

6.                The complainant has filed the present complaint on the ground that the meter No.114451 was installed at his premises till 19.09.2017. He has been making the payment of electricity charges regularly, but in the month of November, 2016, the electricity bills were received with the code as ‘F’ and the bill type from 21.11.2016 to 19.09.2017 was received as average. The meter was giving increased consumption and the same was challenged. The electricity meter no.114451 was changed by meter number 714296 by the OP. The meter was not sealed nor was sent to ME Lab nor any consent of the complainant was received for checking the meter in the ME Lab in his absence. The complainant received the bill for consumption of 7419 units and the bill was dated 19.11.2017. These 7419 units were relating to the meter No.114451. The complainant has challenged this bill and stated that nothing was due from the complainant before receiving the present bill. It has been alleged that the complainant received two electricity bills dated 18.07.2018 and 13.09.2018 for the same period and this bill dated 13.09.2018 was containing previous year charges also and other charges also. The complainant has challenged both these bills also and has challenged that the demand of Rs.1,65,647/- of the OPs is illegal, arbitrary and wrong.

7.                The contention of the OP is that there is no negligence or unfair trade practice on the part of the OPs. The meter of the complainant was changed from mechanical to electronic as per the policy framed by the OPs and the meter was to be installed outside the houses of the consumer, as such, the changed meter number could not be taken on the system, therefore the bills were sent on average basis. The amount received from the complainant in the bills sent on average basis was adjusted after the meter was taken on the system. It has been alleged that on 15.11.2016, the meter number 114451 was removed and the meter number 382425 was installed and then on 12.10.2018, the meter number 382425 was changed with 714296. The arrears of the bill was included in the bill dated 19.11.2017 for the period from 20.09.2017 to 19.11.2017 as the complainant had not made the payment of the previous bills, therefore there is no unfair trade practice on the part of the OPs. The bills have rightly been issued as per the consumption of the complainant and request has been made to dismiss the complaint.

8.                It is not disputed that the meter no.114451 was installed in the premises of the complainant. It is also not disputed that the complainant is the consumer. The bill Ex.C-1 shows that from 28.11.2015 to 15.01.2016, the bill type was normal and the payment of Rs.1170/- as electricity bill was made by the complainant. As per Ex.C-3, the bill type was shown as normal and the status was shows as ‘F’, means different meter. This bill was from the period 09.07.2016 to 17.09.2016. This bill was issued on 17.09.2016, whereas the contention of the OP is that the meter was changed on 15.11.2016. This contention is falsified from the bill Ex.C-3, whereon 17.09.2016 the type of the bill has been shown as ‘average’ and the payable amount has been shown as Rs.5430/- for the consumption of 751 units. This amount was paid by the complainant and again a bill dated 21.11.2016, showing the period from 20.09.2016 to 21.11.2016 was issued to the complainant. The status of the bill was shown ‘F’ and the bill type was shown as ‘average’ and on 20.09.2016, the status has been shown as ‘normal’, whereas on 17.09.2016 the status was ‘F’. This status of ‘normal’ has been shown in Ex.C-5 and the meter number is the same i.e. 114451. As per submission of the OPs that the meter was changed and there is no number of the changed meter has been mentioned in Ex.C-5. Ex.C-8 again is bearing same meter number i.e. 114451 and this is from period 17.01.2017 to 20.03.2017 and the type and status has been shown as ‘F’ and ‘average’. No number of changed meter has been mentioned, similar is position in bill Ex.C-10, which was issued on 19.05.2017 i.e. from 20.03.2017 to 19.05.2017. Again same position is shown in Ex.C-14, which was issued on 19.09.2017 and the status and the type of the bill has been shown as ‘F’ and ‘average’. This is again with regard to the same meter number 114451. This was from the period 19.07.2017 to 19.09.2017. It was on 20.09.2017 when the different meter number has been shown i.e. the number 382425 has been shown in this bill Ex.C-15. The defence of the OPs is that the meter number 114451 was removed on 15.11.2016 and the same was changed with the meter number 382425 on 15.11.2016, but this fact has not been proved by the OPs as discussed above. The meter has been shown to have changed on 20.09.2017 and not on 15.11.2016. Ex.C-15 shows that the old meter reading has been shown from 09.07.2016 to 20.09.2017, whereas the previous bills clearly show that uptill 19.09.2017, the bills have already been issued with the meter number 114451 and in this bill, the energy charges have been charged as Rs.86,173/-. This seems to be illegal on the face of it when the OPs are charging the amount of consumption for the same period regarding which the OPs have already charged from the complainant with the meter number 114451. The bill Ex.C-17 shows that the meter number has again been changed to 714296 and this bill is from 20.09.2017 to 19.11.2017 and old meter consumption has been shown as 7419 units. This bill was issued on 19.11.2017. The bill type has been shown as ‘normal’. As per the written statement of the OPs, the meter was changed from 382425 to 714296 on 12.10.2018, whereas as per Ex.C-17, this number of changed meter has been shown on the bill issued on 19.11.2017 i.e. much prior to the date alleged by the OPs in para no.7 of the written statement. In the bills issued thereafter have been shown the arrears, which were allegedly due from the complainant regarding which the OPs had already charged from the complainant.

9.                The contention of the OPs that the meter was changed from Mechanical to electronic and same could not be shown in the software, therefore the bill was issued on the basis of average, but this contention is not tenable. There is none of the fault of the consumer/complainant, if the OPs could not show the number of changed meter in their software. The bills issued after changing the meter again was showing the old meter number and the OPs are charging the electricity charges for the same period regarding which they have already charged the amount from the complainant. This is clear cut deficiency in service on the part of the OPs. Therefore, the impugned bills challenged by the complainant of Rs.1,65,647/- dated 13.09.2018 is hereby set-aside as the same is illegal and arbitrary.

10.               In the light of above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to issue correct/revised bill after deducting the charges of electricity already paid by the complainant. Further, OPs are directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.5000/- 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.

11.               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     

24.08.2022         Member                          Member           President