Punjab

Patiala

CC/19/103

Harvinder Singh Rai - Complainant(s)

Versus

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

Sh J.S Jindu

10 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                     

Consumer Complaint No.	:	CC/ 103/2019
Date of Institution	:	8.3.2019
Date of Decision	:	10.3.2023

 

Harvinder Singh Rai @ H.V.Rai aged about 69 years R/o House No.809, Gali No.8, Gurbux Colony, 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, PSPCL, Patiala.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

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

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

 ORDER                                          

1. The instant complaint is filed by Harvinder Singh Rai @ H.V.Rai        (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. The averments put forth by the complainant are as follows:

That he is the consumer of OPs having domestic connection No.3005002323, running in his name. The meter is installed outside the premises of complainant, in the street, alongwith meters of other consumers in joint meter box. That he has been depositing electricity bills issued by OP No.2 on the basis of consumption recorded through meter, regularly

Complainant received electricity bill issued on 26.10.2018 payable by 8.11.2018, for the consumption of 1217 units, amounting to Rs.23090/-.In the said bill amount of Rs.13077/- has been charged in the column of adjustment and rest was the bill for the electricity consumed by him. In this regard, complainant approached OP No.2 but no satisfactory reply was given by it. Again complainant received electricity bill issued on 29.12.2018 payable by 11.1.2019, for the consumption of 1000 units, amounting to Rs.52850/-. In the said bill a sum of Rs.34349/- has been charged in the column of adjustment and Rs.10534/-(8834/-+1700/-) has been charged in the column of arrears of current financial year. Complainant again went to office of OP No.2 but again no proper reply was given. Again complainant received electricity bill issued on 28.2.2019 payable by 13.3.2019, for the consumption of 890 units, amounting to Rs.55680/-. In the said bill Rs.29469/- has been charged in the column of adjustment and Rs.19196/- ( Rs.16151/-+ Rs.3045/-) has been charged as arrears of current financial year. Complainant made repeated requests for the correction of bills but no heed was paid by the OPs. There is thus deficiency in service on the part of OPs, which caused mental agony and harassment to the complainant. Consequently, prayer has been made for acceptance of complaint.    

3.           Upon notice, OPs appeared through counsel and filed written statement having raised various preliminary objections.
4. On merits, it is admitted that electricity connection is running in the name of complainant. It is submitted that bill dated 8.11.2018 as well as bill dated 29.12.2018 amounting to Rs.52,850/- is as per energy consumed by the complainant and recorded by the subject meter. It also includes outstanding balance amount on account of non payment of previous bills and surcharge etc..An amount of Rs.55680/- charged in electricity bill dated 28.2.2019 is as per energy consumed  and recorded by subject meter and it also includes previous outstanding amount on account of non payment of electricity bills and surcharge etc. There is no illegality in the electricity bills issued to the consumer and he is liable to make the payment. It is further submitted that one civil case titled as H.V.Rai Vs. PSPCL and Anr. is pending before the Hon’ble court of MS.Manni Arora, Additional Civil Judge, Senior Division, Patiala, vide which complainant has obtained stay of 50% previous bills  and has also taken another stay of 50% from the Hon’ble Punjab & Haryana High Court. The OPs have filed appeal before the interim order which was passed first 50% stay in addition to 50% stay earlier granted by the Hon’ble Court and the appeal titled as Punjab State Power Corporation Ltd. Vs. H.V Rai is pending before the Hon’ble court of Sh.Kewal Krishan, ADJ, Patiala for 8.7.2019.That approximately Rs.96000/- on account of above stated stay granted by the Hon’ble High Court and above stated Civil Court is not included in the above stated electricity bills which is kept blocked to be payable by the complainant as decided by Civil Court. The action on the part of OPs in the case has been legal and bonafide. There is no deficiency in service on their part. After denying all other averments, OPs prayed for dismissal of complaint.
5. In evidence, ld. counsel for complainant tendered in evidence Ex.CW1/A affidavit of complainant alongwith documents, Ex.C1 copy of bill dated 30.8.2018, Ex.C2 copy of bill dated 26.10.2018, Ex.C3 copy of bill dated 29.12.2018,Ex.C4 copy of bill dated 28.2.2019 and closed the evidence.
6. On the other hand, ld. counsel for OPs tendered in evidence Ex.OPA affidavit of J.S.Kanda, AE, PSPCL, alongwith documents Ex.OP1 copy of details of amount paid and due, Ex.OP2 to Ex.OP4 copies of bills, Ex.OP5 copy of an extract of account, Ex.OP6 copy of civil court order dated 16.5.2019,Ex.OP7 copy of clarification of bills dated 19.9.2019 and closed the evidence.
7. We have heard the ld. counsel for parties and have also gone through the record of the case, carefully.
8. The complainant is a consumer of the OPs having a domestic electricity connection bearing a/c No.3005002323,as per bill,Ex.C1. He had disputed the bills dated 26.10.2018 and 29.12.2018 issued by the OPs, copy of which are Ex.C3 and Ex.C2 on the ground that an amount of Rs.13077/- in the bill dated 26.10.2018,Ex.C3 and Rs.34349/- in the bill dated 29.12.2018 Ex.C2 has been charged in the head adjustment in excess of the energy consumption charges. He has further alleged that no explanation was given by the OPs as to when he approached them for clarification of the bills and another bill dated 28.2.2019,Ex.C4 has been issued for Rs.55680/-, which again carries an amount of Rs.29469/- as adjustments , which has not been explained. The complainant has prayed for waiver of amount charged as adjustments in these bills.
9. OPs in their reply have stated that bill dated 29.12.2018 amounting to Rs.528150/- and bill dated 28.2.2019 for Rs.55680/- are as per actual energy consumption and include outstanding balance amount on account of non payment of previous bills and surcharge etc. OPs have placed on record bill history of the complainant,Ex.OP7,  as per which new meter was installed at the premises of complainant on 12.7.2018, as per the orders of the Court and have provided chronology of the bills and payments made by the complainant. However, they failed to explain that the bill dated 14.2.2019 is for Rs.2574/- whereas bill dated 26.9.2019 is for Rs.36033/-.As such bill of Rs.33459/- has been generated for a period of 12 days. OPs have failed to explain the addition adjustments in the bills dated 26.10.2018, 29.12.2018 and 28.2.2019.
10. It has also been brought to the notice of this Commission that instructions have been issued by the OPs vide Commercial Circular No.21/2022 dated 3.8.2022, as per which any defaulting amount outstanding against domestic consumers as on 31.12.2021 and which had not been paid upto 30.6.2020 has been waived off.
11. In view of the above, we are of the opinion that disputed amount outstanding against the complainant pertains to this period and falls under the said instructions of the OPs. We therefore, partly allow the complaint and direct OPs to waive off the disputed amount challenged by the complainant in the light of the above instructions. No order as to costs.
12. The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum for long time.
85109252238716.  
85109252238717.  

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President