Punjab

Moga

CC/15/98

Kulwant Singh - Complainant(s)

Versus

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

Sh. Dinsesh Kumar Garg

12 Apr 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA

 

 

                                                             CC No. 98 of 2015

                                                                                                                                                 Instituted on : 14.12.2015

                                                                                                                                                Decided on: 12.04.2016

 

Kulwant Singh, aged about 57 years son of Ajaib Singh, resident of Zira Road, Kot-Ise-Khan, Near Bijli Ghar, Tehsil Dharamkot, District Moga.

….. Complainant

 

Versus

1. Punjab State Power Corporation Ltd, through its Secretary, The Mall, Patiala.

2. Senior Executive Engineer, Punjab State Power Corporation Ltd, Suburban Sub

    Division, Moga.

3. S.D.O, Punjab State Power Corporation Ltd, Kot-Ise-Khan, Sub Division, District

    Moga.

….. Opposite parties

 

 

Complaint u/s 12 and 14 of the Consumer Protection Act, 1986

 

 

Quorum

                   Sh. Ajit Aggarwal, President

                   Smt. Bhupinder Kaur, Member

 

Present

                   Sh. Dinesh Garg, Advocate counsel for complainant.

                   Sh. Raj Kumar Goyal, Advocate counsel for opposite parties.

 

 

Order

(Per Ajit Aggarwal, President)

 

                   Complainant has filed the instant complaint under Sections 12 & 14 of the Consumer Protection Act, 1986 (hereinafter referred to as the "Act") against Punjab State Power Corporation Ltd, through its Secretary, The Mall, Patiala and others (hereinafter referred to as the opposite parties) directing them to quash the demand of Rs.1,09,080/- in respect of electric connection no. AK-30-1687-x, which is altogether  illegal, unwarranted, unjust, void, against the fundamental principal of law and liable to be set aside and restraining the opposite parties from recovering the said amount and disconnecting the electric connection in dispute forcibly, illegally, unjustly and in violation of terms and conditions of OP-Corporation Ltd or any other relief which this Forum may deem fit and proper be also granted.

2.                Briefly stated the facts of the complaint are that the Punjab State Power Corporation Ltd. is a corporate body. It can sue or be sued through its Secretary.  So, the service of Punjab State Power Corporation Ltd. be got effected through its Secretary. The OP No. 2 and OP No.3 are officials concerned for supplying and energizing the electricity in village Kot-Ise-Khan, District Moga and its surrounding areas. The complainant is consumer of the electric connection bearing no. AK-30-1687-x and paying the electricity charges regularly and nothing is due. However, the said meter was defective and complainant had written an application to the opposite parties on 10.09.2015 to check the said electric meter. The respondents have changed the meter. All of sudden, the opposite parties had issued a letter dated 15.11.2015 or 18.11.2015 demanding a sum of Rs.1,09,080/-. The said demand is altogether illegal, unjust, unwarranted, void at law and liable to be set aside on the following grounds:-

          That no proper notice any kind has been issued before imposing the said amount; that the complainant has been condemned un-heard; that no opportunity has been granted to the complainant; that mandatory provision of Punjab State Power Corporation Ltd. has been violated; that no checking of the connection was conducted in the presence of the complainant or his representative; that no any consent was given to check the meter in the absence of complainant nor any consent letter was signed by the complainant or his representative. It has been further alleged that opposite parties are bent upon and threatening to recover the amount of Rs.1,09,080/- and to disconnect the connection in dispute forcibly, illegally, unjustly and by taking law into their own hands. The opposite parties were asked many a times to admit the rightful claim of the complainant, but to no effect.

3.                On notice of the complaint, opposite parties appeared through their counsel and filed written reply taking certain preliminary objections, inter alia, that the complaint is not maintainable; that the complainant is stopped to file the instant complaint; that the complainant has concealed material facts from this Forum and hence is not entitled to any relief; that the Hon'ble Forum has got no jurisdiction to try and decide the instant complaint. On merits, it is admitted that complainant is the consumer of said electric connection under Domestic Category and the connection was disconnected due to non-payment of the disputed amount, which was due and was recoverable from the complainant. Further admitted that complainant moved an application to the opposite party no.3 that his meter became defective and the same may be changed after checking or may be corrected. The said application was marked to Sh.Paramjit Singh, Junior engineer, who visited the spot and made report that the meter has melted due to burning of block of the said meter and the particulars are not readable. It has been further submitted that after getting report from the concerned Junior Engineer, the said old meter was changed with new one vide MCO no.56/0089 dated 21.9.2015 on 3.10.2015. The said removed meter was brought to M.E. Lab Moga for its internal inspection vide store challan no. 39 of 21.10.2015, where the said old removed meter was checked by the competent officials of M.E. Lab, Moga in the presence of said Paramjit Singh, Junior Engineer. During its internal inspection, it was found that the consumer tried to burn the meter by giving hot blower on the body cover of the meter and sanctioned load of the said meter is 2.81 kw while the M.D.I was found as 5.6 kw and the reading as per record of July, 2015 is 2383 units, but the reading on the meter was found as 6831 units during checking. The consumer has also tried to destroy the reading on the said meter, but he could not succeed. The said authority prepared a detailed report on the spot and declared the said case as un-authorized use of electricity u/s 126 of Indian Electricity Act and directed the corporation to charge the amount for 4448 units as per rules. The said meter was again sealed, packed and was handed over to said Paramjit Singh, J.E. The said checking report is correct one and the disputed amount was charged from the complainant on account of difference of consumption of amount of 4448 units and on account of theft of energy and excess load. The demand raised by the opposite party is legal one and is not liable to be set aside. The connection of the complainant has already been disconnected on 18.11.2015 on the basis of abovesaid checking and the complainant has concealed this fact. Other allegations made in the complaint have been denied.

4.                In order to prove the case, complainant tendered in evidence his affidavit Ex. C-1 and copies of documents Ex. C-2 to Ex. C-6 and closed the evidence.

5.                In rebuttal, the opposite parties tendered in evidence duly sworn affidavit of Sh. Paramjit Singh, J.E. Ex. OP-1,2,3/1 and copies of documents Ex. OP-1,2,3/2 to Ex. OP-1,2,3/8 and closed the evidence.

6.                We have heard the learned counsel for the parties and have carefully gone through record placed on file.

7.                The ld Counsel for complainant argued that complainant has a domestic electric connection installed in his residence issued by OPs and he is the consumer of Ops. He is regularly paying all the electricity bills to Ops and nothing is due as electricity charges. Copies of the bill and receipt are Ex C-3 to 5. In the month of September, 2015, complainant found that his electric meter is defective and he moved an application before Ops requesting them to check the meter. Copy of the application is Ex C-6. On it, Ops checked the meter and changed the same. Now, the complainant has received a bill/assessment order from Ops demanding a sum of Rs 1,09,080/-, which is altogether illegal, unjust and unwarranted. Copy of the bill/assessment order is Ex C-2. This assessment order is liable to be set aside. Prior to issuance of this assessment order, Ops did not issue any notice of any kind to complainant. No opportunity of hearing is given to complainant. The Ops have violated the terms and conditions of PSPCL. No checking of the meter of the alleged connection was conducted in the presence of complainant or his representatives. No notice or consent was taken from complainant by Ops to check the meter. The alleged meter was not checked in the presence of complainant or his representatives. Ops have illegally charged this amount from complainant. Ops/PSPCL is a monopoly concern and its officials are used to harass the consumers only to extract money from them. The complainant approached Ops and requested them to withdraw this amount being illegal, but they refused to withdraw this amount and threatened him to disconnect his connection if he did not deposit this amount with them. The ops have no right to claim this amount from him. All these acts of Ops amount to deficiency in service and trade mal practice on their part. He has prayed that Ops may be directed to withdraw the demand of amount in dispute alongwith compensation and litigation expenses.

8.                To controvert the arguments of complainant, ld counsel for Ops argued that complainant is not their consumer and there is no deficiency in service and trade mal practice on their part. Complainant has concealed the true and material facts from this Forum.  However, they admitted that they issued domestic electric connection to complainant, which is installed in his house. The said connection has been disconnected due to non payment of the amount in dispute, which is due and recoverable from complainant and complainant has not paid this amount. The copy of PDCO is Ex C-1to3/4. Ld Counsel for Ops argued that in September 2015, complainant moved an application to Ops to check his meter as it became defective. On his application, concerned JE visited the spot and made report that the meter has been melted due to burning of block of said meter and the particulars are not readable. On the report of JE, the meter of complainant was changed with new one vide MCO dt 21.09.2015 effected on 3.10.2015. Copy of MCO is Ex OP-1 to 3/3. The said old meter was brought in M E Lab, Moga for internal inspection, where it was checked by officials of M E Lab in the presence of concerned JE and during inspection, it was found that consumer has tried to burn the meter by giving hot blows on the body cover of the meter. Sanctioned load of the meter was 2.81 KW while MDI was found as 5.6 KW. The reading of the meter as per record of July, 2015 is 2383, while during checking the reading of the meter was found as 6831. The consumer tried to destroy the meter, but he could not succeed. The authorities of M E Lab prepared a detail report and directed Ops to charge the amount for 4448 units as per rules. Copy of the report of M E Lab is Ex OP-1to 3/5. This report is correct and disputed amount is charged from complainant on account of difference in consumption i.e 4448 units, on account of theft and excessive load, which  is given in the bill/assessment order dt 18.11.2015. This demand raised by Ops is legal and not liable to be set aside. Ops are entitled to recover this amount from complainant. The officials of Ops never threatened complainant, rather his connection has already been disconnected due to non payment of amount in dispute. The Ops have right to claim and recover this amount from complainant. He has filed false and frivolous complaint against Ops and same is liable to be dismissed with costs.

9.                We have heard the ld counsel for complainant as well as OPs and have carefully gone through the evidence and record placed on file.

 10.             The case of the complainant is that he has a domestic electric connection issued by Ops. His electric meter got defective and on his application, Ops checked and changed his meter with new one. He is regularly paying all the electricity bills and nothing is due towards him. In November, 2015, he received a bill/assessment order issued by Ops demanding Rs 1,09,080/- from him, which is altogether illegal. It is illegal as nothing is due towards him on account of electricity charges. The demand of Ops is illegal and may be set aside. In reply, Ops admitted that complainant is their consumer and on his application his meter was changed as his old meter was defective. They argued that his old meter was sent for checking to M E Lab, Moga where during checking it was found that he has tried to burn his meter and as per office record, last consumption of his meter was recorded as 2383 whereas in inspection, it is observed as 6831 and his running load is also found excessive than the sanctioned load. So, as per report of M E Lab, Moga, they assessed the difference in consumption due to excessive load and demanded that amount from complainant. They assessed this amount correctly and as per rules of the Ops/Punjab State Power Corporation Ltd and are entitled to recover this amount from complainant.

11.              We have carefully gone through the evidence led by both the parties. The Ops submitted that on the application of complainant, concerned JE checked the meter and found that the meter is melted due to burning of block of meter and particulars are not readable and they changed the meter. They alleged that the said meter was checked in M E Lab, where it is found that as per record of office, the last reading of the said meter in September 2015 is recorded as 2383 as per account summary of complainant, concerned account produced by Ops as Ex OP-1 to 3/7 and in checking report by M E Lab, the reading of the meter found as 6831 and the load of the meter is also excessive than the sanctioned load. So, they have rightly charged this amount from complainant on account of excessive consumption and load. It is admitted that at the time of change of meter, the meter was never sealed or checked in the presence of complaint or his representatives. Further, this meter was never checked or opened in the presence of complainant or his representatives in M.E. Lab. Even no notice or intimation of any kind regarding the checking of his meter in M E Lab, Moga was given to complainant. No opportunity to get checked the meter in the presence of complainant or his representative or to be heard before issuance of this bill/assessment order was given to complainant. As per record of Ops, the reading of the old meter in the month of September 2015 before change of the meter is recorded as 2383 and while checking on the application of complainant, the concerned JE found that said meter was melted and particulars of the meter were not readable. They changed the old meter on 3.10.2015. As per their own record, they never sealed or checked the meter of complainant in his presence and they did not give any opportunity to complainant to submit his version. We can not rely upon the report of M E Lab, Moga, which is prepared by Ops themselves in the absence of complainant arbitrarily being a monopoly concern.

12.              In these circumstances, we are of considered opinion that Ops are not entitled to recover this amount from complainant. All these acts of Ops amount to deficiency in service and trade mal practice on their part. Hence, the complaint in hand is hereby allowed. The Ops are ordered to withdraw the demand of Rs. 1,09,080/-demanded by them vide their bill/assessment order dt. 18.11.2015 Ex C-2. They are further directed to restore the electric connection of complainant on the spot. Compliance of this order be made within one month from the date of receipt of the copy of the order, failing which complainant shall be entitled to proceed under Section 25 and 27 of the Consumer Protection Act. Copy of order be supplied to parties free of cost as per law. File be consigned to record room.

Announced in Open Forum

Dated : 12.04.2016

 

                                              (Bupinder Kaur)                    (Ajit Aggarwal)

                                                   Member                                  President