BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.306 of 2020

      Date of Instt. 22.09.2020

      Date of Decision: 18.10.2023

Kamal Deep Malhan aged about 57 years S/o Sh. Braham Sagar Malhan R/o House No.41, Tagore Park, Jalandhar and Permanent Resident of # 273, Sector 20-A, Near Math Mandir, Chandigarh.

..........Complainant

Versus

1.       Punjab State Power Corporation Ltd. through its The Deputy   Chief Engg. Shakti Sadan, SE, Office, Jalandhar City.

2.       Punjab State Power Corporation Ltd. through its Assistant       Executive Engineer, Sub Division Commercial, Maqsudan,      Jalandhar.

3.       Punjab State Power Corporation Ltd. Registered Head Office, The Mall Patiala-147001.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Sh. Jaswant Singh Dhillon       (Member)                                

Present:       Sh. G. S. Sodhi, Adv. Counsel for Complainant.

                   Sh. SKS Chhabra, Adv. Counsel for OPs.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant is permanently residing at Chandigarh. He is also occupying First Floor of House No.41 Tagore Park, Jalandhar which was constructed in the year 2011. The ground floor is in possession of the father of the complainant namely Sh. B.S. Malhan and both are maintaining separate meters of their respective floors. The two electricity meters were installed in their respective names separately. The complainant applied for electricity connection which was installed vide Consumer No.J74GT770060M & Contract A/c No.3002976890 in the year of 2012 in name of complainant i.e. Kamal Deep Malhan on the First Floor of house No.41, Tagore Park Jalandhar but the first floor portion of the house remained vacant from the year 2012 to year 2019. The complainant used to visit Jalandhar on and off, on his visit to Jalandhar he used to stay on the First Floor of house No.41. Tagore Park Jalandhar. In 2019, the complainant's daughter who is married and is putting up at Hoshiarpur occupied the said portion. The complainant has paid all the electricity bills since 2016 to August 2019 as per the units consumed. In the month of September 2019, the complainant was astonished to see his electricity bill dated 30-09-2019 of Rs.88,410/- which was raised by OP No. 3 whereas the consumption of electricity was 456 units only. The complainant approached OP No.1 to explain the reasons of such inflated bill but OP No.2 failed to give any valid reason for the same nor could give the details and breakup of the amount of Rs 88,410/-. The complainant visited the office of the OPs at PSPCL Maqsudan, Jalandhar and the office of Deputy Chief Engineer, PSPCL, Shakti Sadan, Jalandhar himself and through his representatives/authorized persons. The complainant was informed by the OP's that the due amount of ground floor meter, which belonged to his father had been added in the bill of the complainant. Thereafter the complainant requested the Deputy Chief Engineer, PSPCL, Shakti Sadan, Jalandhar Op No. 1, vide letter dt. 16-10-2019 to investigate the matter and rectify the electricity bill of Rs.88,410/-. OP No.1 neither replied nor took any action on the request of the complainant. The Complainant filed another letter on 13.11.2019 which also fell on deaf ears. The complainant has no concern with the other meter installed in his father's name on the ground floor. Both the portions are independently occupied and have different electricity connections, without any interference with each other. As and when the complainant approached OPs No.1 and 2 for correction of his electricity bill, he was put off on one pretext or the other. The complainant approached the officials of the OPs many times and all the time he was assured that the excess amount of electricity bill of Rs.88,410/- is under investigation and the complainant shall have to pay the current bill to continue getting uninterrupted supply of electricity. The complainant normally stays at Chandigarh as stated above. The OP's abruptly disconnected the supply of electricity to the complainant on 16.08.2020 in respect of Consumer No.J74GT770060M & Contract A/c No.3002976890 on the first floor of house No.41, Tagore Park, Jalandhar. Thereafter, the complainant approached to Mr. Harjinder Singh Bansal XEN Dispute Settlement Committee who referred the complainant to Sh. Darshan Singh XEN posted at Maqsudan office, Jalandhar (OP No. 2). Thereafter the complainant requested to OPs many times by visiting their office to restore the electricity supply to his house, which was not restored. The OP's did not pay any heed to the repeated visits and requests of the complainant and the complainant was put off on one pretext or the other. The OPs have failed to restore the electricity supply in respect of account no.3002976890. The computer generated electricity bills & payment receipts available with the complainant are attached on record. Due to the above said fraudulent act of the OPs, the complainant has suffered mental, physical and financial harassment 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 rectify the bill amounting to Rs.88,410/- and restore the electricity supply to the complainant. Further, OPs be directed to pay a compensation of Rs.3,00,000/- for causing mental tension and harassment to the complainant and Rs.30,000/- as litigation expenses.

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 complaint filed by the complainant is false, frivolous and vexatious to the knowledge of the complainant and has been filed just to harass the answering OPs. It is further averred that no cause of action arose to the complainant against the answering OPs. Rather cause of action arose to the answering OPs against the complainant for dragging the OPs in the false and frivolous litigation. It is further averred that this Commission is having no jurisdiction to try and entertain the present complaint, as such the complaint filed by the complainant is liable to be dismissed. The answering OPs are demanding the outstanding consumption charges & surcharges regarding the account nos:3002976889 & account no.3002976890 from the complainant, which as per the laws of the land and as per the rules and regulations of the PSPCL, the complainant is bound to pay. It is further averred that the complainant not approached the Commission with clean hands and intentionally and deliberately concealed the material facts from the Commission, as such, the complaint filed by the complainant, which is without any merit is liable to be dismissed. In-fact on 27.03.2019, the connection of the consumer, bearing account no.3002976890, was checked by the Field Staff of the PSPCL Department, vide load checking register bearing book no.2037 page no.10. It is worthwhile to mention here that during the checking; it came into the notice of the checking staff that already the consumption charges/bill was due & outstanding towards the another electric connection bearing account no.3002976889-(6T77/59). which was installed in the name of Sh. B.S. Malhan in the same premises i.e. House No.41, Tagore Park, Jalandhar & the same was disconnected on 25/9/2017, due nonpayment of the outstanding consumption charges. As per the rules and regulations of the PSPCL, the defaulting amount along with Surcharges etc. is transferred to the account of the complainant bearing no.3002976890 vide sundry register. As per the rules and regulations of the PSPCL, that if any defaulting amount is outstanding towards any connection installed in the same premises, where another connection is installed, then the same may be recovered from that another connection installed in the same premises. In compliance with the rules and regulations of the PSPCL, the demand of Rs.88570/- was raised from the consumer vide bill dated 31.08.2019, which includes Rs.4162.54, as current consumption charges of the connection bearing account no:3002976890 + Rs.84367/-, as sundry charges of the account no:3002976889 + Arrears of Current Financial years i.e. Rs.36/- payable with due dated i.e.10/9/2020. Along-with the aforesaid bill, the relevant documents & all the details were also sent to the consumer i.e. Copy of load checking register/Report and Copy of sundry register etc. But this is matter of very strange that the complainant instead of releasing his moral duty to pay the outstanding amount filed the complaint on the false, frivolous and vexatious grounds before the Commission, with a sole motive just to delay in making the payment of the outstanding amount (Public Money), while putting the "State Exchequer" in the heavy monetary loss. It is the basic law of the land and there are numerous authorities of the Hon'ble Higher Courts of India ‘that it is the obligatory duty of every citizen of India, to make the payment of the consumption charges and indemnify the "State Exchequer’, from the monetary loss. It is pertinent to mention here that huge amount was spend by the PSPCL Department and by the State of Punjab, in Generating, circulating & maintaining of electricity etc, so that the inhabitants of the Punjab will not face any electricity crisis. Even for this purpose the PSPCL Department & State of Punjab purchase the electricity from other states, but this is matter of high handiness on behalf of the some of the consumers that they instead of realizing their moral duty are not ready to make the payment of the outstanding bills, surcharges etc., while putting the ‘State Exchequer’ in the heavy monetary loss. On merits, it is admitted that electric connection bearing account no.3002976890 installed in the year 2012 in the name of complainant in the premises i.e. House No.41, Tagore Park, Jalandhar, 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 to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement. 

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 challenged the bill Ex.C-2, vide which the OPs have raised the bill of Rs.88,410/-, whereas the consumption of the electricity was 456 units only. The complainant has proved on record the electricity bills Ex.C-3 to Ex.C-8 for the year of 2016, 2019 and 2020. He has also proved on record the computer generated bills and payment receipts Ex.C-16 to Ex.C-76. The complainant has alleged that he has made the payment of the bills upto the date and the OPs have wrongly issued the bills and has disconnected his electricity also.

7.                The complainant has produced on record the requests letter sent by the complainant to the OP to investigate the matter and rectify the electricity bill, but his request was not accepted. Request letters Ex.C9 and Ex.C10 have been proved by the complainant. The replies have been proved as Ex.C11 to Ex.C14. The OPs have alleged that the OPs are demanding the outstanding consumption charges and sundry charges regarding the account No.3002976889 & account No.3002976890 from the complainant. When the account No.3002976890 was checked by the OP, it came to their notice that already the consumption charges was due and outstanding towards the another electricity connection bearing No.3002976889 installed in the name of B. S. Malhan and the same was disconnected on 25.09.2017 for non-payment of the outstanding consumption charges. This fact has been proved and admitted by the OP in their written statement that nothing was due qua the account No.3002976890 and outstanding bill was pending for the account No.3002976889. It is admitted fact that account No.3002976889 stands in the name of B. S. Malhan, whereas account No.3002976890 is in the name of complainant i.e. Kamal Deep Malhan.

8.                The contention of the OPs is that the bill has been raised in the account of the complainant as per rules and regulations of electricity code. As per Ex.C-11, the account No.3002976889 was running in the name of B. S. Malhan, but as per request of consumer, the load was enhanced and new account was opened. Ex.C-12 and Ex.C-14 is one of the same document which says that the consumer B. S. Malhan was paying the bill, but when the bills were being sent on average basis, he stopped the payment of the bill. Perusal of the Ex.OP-1 shows that order was passed to add the amount of the bill of account No.3002976889 in the account of 3002976890 without mentioning any provision of Electricity Act or any regulation. Similarly, Ex.OP-2 is the sundry register, vide which also it was mentioned that the consumption of both the accounts are the same, but this fact has wrongly been mentioned in Ex.OP-1 and Ex.OP-2 as per bills issued by the OP, the account No.3002976890 stands in the name of Kamal Deep Malhan, whereas the account No.3002976889 is in the name of B. S. Malhan. Premises might be the same, but two meters have been installed in different names and in different portions. Ex.C-11 is also falsified and is contradictory document to the written statement as as per written statement due to non payment, the meter of account No.3002976889 was disconnected in the year 2017, whereas as per Ex.C-11, it has been mentioned that the load was enhanced and new account meter was installed. The meter was disconnected in the year 2017 and as per the pleadings and bills of the complainant, the meter number 3002976890 was installed in the year 2012 in the name of the complainant. No document has been filed on record by the OP to show that there was any request of the consumer i.e. B. S. Malhan to enhance the load and to install new connection. The new connection no.3002976890 was given much prior to the disconnection of the meter of account No.3002976889. So, this clearly shows that the replies have been given by the OP without going through their official record. No rule or provision has been shown by the OP to come to the conclusion that outstanding amount of the account no.3002976889 in the bill of account No.3002976890 has been raised as per the rules. Nothing has been produced and shown. The consumers of account No. 3002976889 and 3002976890 are two different person. There is no request or consent of the complainant or undertaking of the complainant to make the payment of the account No. 3002976889 when the complainant is alleging that he is residing on the First Floor of House No.41 and the portion of the house of the complainant remained vacant from 2012 to 2019. The entire payment of the bills has been made by the complainant, nothing is due. Adding the outstanding amount of other persons connection in the bill of the complainant is deficiency in service and unfair trade practice on the part of the OPs and thus, the complainant is entitled for the relief.

9.                In view of the above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to rectify the bill amounting to Rs.88,410/- and to restore the electricity supply to the complainant. Further, OPs be 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 i.e. compensation and litigation expenses 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.

10.              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                    Dr. Harveen Bhardwaj     

18.10.2023                    Member                                President