Order by
Sh.Amrinder Singh Sidhu, President
1. The complainant has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that an electric connection bearing No.3003267502 has been installed in the premises of the complainant and she is using the said connection since long and paying the consumer charges regularly. The complainant alleges that she received a bill dated 15.11.2019 vide which the Opposite Parties raised a demand of Rs.1,58,506/- from the complainant which is altogether illegal, unjust void at law and is liable to be set aside as no proper notice of any kind has been issued before imposing the said amount. Moreover, the complainant has been condemned without heard and no opportunity has been provided to the complainant. The complainant further alleges that it is a domestic connection and the complainant never consumed the electricity to such extent. The complainant belongs to Scheduled Caste category and as per the Punjab Government policy, there is a rebate of 200 units to the Scheduled Caste category which has not been provided to her by the Opposite Parties although several requests have been made to them. The complainant made so many requests to the Opposite Parties to set aside the said illegal demand raised vide bill dated 15.11.2019 which is altogether illegal, unwarranted unjust void and against the fundamental principle of law and same is liable to be set aside, but the Opposite Parties did not pay any heed to the request of the complainant and hence, alleging deficiency in service on the part of the Opposite Parties, the complainant has filed the instant complaint. Vide instant complaint, the complainant has sought the following reliefs.
- To set aside the amount of Rs.1,58,506/- raised by the Opposite Parties illegally vide bill dated 15.11.2019 and also to pay Rs.50,000/- on account of compensation for causing her mental tension and harassment or any other relief which this Commission may deem fit and proper may be awarded to the complainant.
Hence, the complainant has filed the complaint for the redressal of his grievance .
2. Upon notice, Opposite Parties appeared and contested the complaint by filing written reply taking preliminary objections therein inter alia that the complaint is not maintainable. Actual facts are that the electric connection in dispute in the name of complainant and he has not paid the consumption charges alongwith surcharge from 25.05.2016 till date except the amount of Rs.4000/- on 17.03.2017 and Rs.1,390/- on 08.03.2016. Now after refund of Rs.34,337/- in the account of the complainant due to difference of reading, an amount of Rs.1,24,169/- is due and recoverable from her and due to non payment of the defaulting amount, the connection of the complainant was disconnected vide PDCO no.9497770 dated 24.12.2019 effected on 24.12.2019, however as per the orders of this District Consumer Commission, the connection has been restored to the complainant and hence, the demand raised by the Opposite Parties is legal one and is liable to be paid by the complainant and the present complaint is liable to be dismissed. On merits, the Opposite Parties took up the same and similar pleas as taken up by them in the preliminary objections. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.
3. In order to prove her case, complainant tendered into evidence her affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C4 and closed her evidence.
4. On the other hand, to rebut the evidence of the complainant, the Opposite Parties tendered into evidence the affidavit of Sh.Prince Kumar Ex.Ops1 alongwith copies of documents Ex.OPs2 to Ex.Ops4 and closed the evidence on behalf of the Opposite Parties.
5. We have heard the complainant and ld.counsel for the Opposite Parties and also gone through the evidence produced on record.
6. The complainant has mainly reiterated the facts as narrated in the complaint and contended that an electric connection bearing No.3003267502 has been installed in the premises of the complainant and she is using the said connection since long and paying the consumer charges regularly. The complainant alleges that she received a bill dated 15.11.2019 vide which the Oposite Parties raised a demand of Rs.1,58,506/- from the complainant which is altogether illegal, unjust void at law and is liable to be set aside as no proper notice of any kind has been issued before imposing the said amount. Moreover, the complainant has been condemned without heard and no opportunity has been provided to the complainant. The complainant further alleges that it is a domestic connection and the complainant never consumed the electricity to such extent. The complainant belongs to SC category and as per the Punjab Government policy, there is a rebate of 200 units to the Scheduled Caste category which has not been provided to her by the Opposite Parties although several requests have been made to them. The complainant made so many requests to the Opposite Parties to set aside the said illegal demand raised vide bill dated 15.11.2019 which is altogether illegal, unwarranted unjust void and against the fundamental principle of law and same is liable to be set aside, but the Opposite Parties did not pay any heed to the request of the complainant and hence, alleging deficiency in service on the part of the Opposite Parties, the complainant has filed the instant complaint.
7. On the other hand, during the course of arguments, ld.counsel for the Opposite Parties has placed on record the statement of account of the complainant, vide which the Opposite Parties-PSPCL has mentioned that after overhauling the account of the complainant as per the new policy of the Punjab Government, the impugned amount has been waived off and still an amount of Rs.1492.04 paisa is due and recoverable from the complainant. Ld.counsel for the Opposite Parties also stated at bar that if the complainant deposits the amount of Rs.1492/- with the Opposite Parties, the question in dispute will be restored without charging any restoration expenses.
8. Hence, keeping in view the aforesaid facts and circumstances, since the grievances of the complainant has been almost sought out after waiving off such hefty amount raised vide bill dated 15.11.2019 and we dispose of the present complaint with the directions to the Opposite Parties-PSPCL to restore the electric connection in question of the complainant after charging the amount of Rs.1492/- as described above from the complainant (If the connection in question is already disconnected), without charging any other restoration charges. The compliance of this order be made by the Opposite Parties within 30 days from the date of receipt of copy of this order. However, keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
9. Reason for delay in deciding the complaint.
This complaint could not be decided within the prescribed period because the State Government has not appointed any of the Whole Time Members in this Commission for about 3 years i.e. w.e.f. 15.09.2018 till 27.08.2021 as well as the situation arising due to outbreak of the Novel Coronavirus (COVID-19).
Announced in Open Commission.
Dated: 09.03.2022.
