Punjab

Fatehgarh Sahib

RBT/CC/1114/2018

Lal Bahadur - Complainant(s)

Versus

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

Maninder Singh Dhindsa

20 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                             

RBT No.	:	CC/1114/2018
Consumer  Complaint No.	:	RBT/CC/1114/2018
Date of Institution	:	29.10.2018
Date of Decision	:	20.04.2023

 

 

Lal Bahadur President of Bajrang welfare Society,  Village Badmajra, Tehsil & District S.A.S. Nagar.

                                                                                                                     …………....Complainants

                                                Versus

1.  Punjab State Power Corporation Limited, Patiala Road, PSEB Head office, The Mall, Patiala, Punjab 147001.
2. Assistant Executive Engineer Commercial, Unit-1, Punjab State Power Corporation Limited, Mohali, District S.A.S Nagar, Mohali.

                                                                              ..………....... Opposite Parties

 

Complaint under Section 12 of Consumer Protection Act 1986(Old)

Quorum

Sh. S. K Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

Present:  None for the complainant.

     Sh. Pankaj Sharma, counsel for OPs.

 

 The  complaint has been filed against the OPs (opposite parties),  Under Section 12 of Consumer Protection Act-1986(old) alleging deficiency in service with the prayer for giving direction to the OPs to set aside memo no.987 dated 10.4.2018, restore the electricity connection of the complainant’s  society bearing account no.3000153306  ,  to pay Rs.2,00,000/- deposited by the complainant society towards the  alleged raised demand  along with interest @ 12% P.A from the date of deposit till realization,  Rs.1,00,000/- as compensation for mental agony and harassment and to pay Rs.50,000/- as costs of litigation.

1.  The brief facts of the complaint is that the complainant is president of a registered Society in state of Punjab. He is a aggrieved from a notice bearing no.987 dated 10.4.2018 issued by OP no.2 on basis of checking report bearing no.ECR29/504 dated 6.4.2012 of Additional SE/EA  MMPS Patiala. As per this report the account of the complainant was overhauled for period of 6 month from the date of checking , due to slowness of 56.5% detected in electricity meter of the complainant as per said checking report. The OPs raised a demand of Rs.7,02746/- to be deposited within 15 days.  In the years 2010 complainant had  approached OP no.1  vide an application for requirement of electricity connection and electricity meter was installed bearing account no.3000153306 . The complainant has been paying the bills against the said electricity connection .  In the month of April 2018 the complainant Society received a notice bearing memo no.987 dated 10.4.2018 issued by OP no.2, vide which the complainant was asked to deposit Rs.7,02746/- on basis of checking report of Addl. SE/EA MMTS dated 6.4.2018 . As per this report the meter was 56.5% slow and account of the complainant was  overhauled for 6 months. The complainant  approached OPs and requested not to press the demand raised in the notice but the electricity connection of the complainant was disconnected in June 2018. The complainant approached Permanent Lok Adalat SAS Nagar Mohali for seting aside a said demand and for restoration of electricity connection but complaint was withdrawn by the complainant. The complainant had paid Rs.2,00,000/- out of above said demand raised by OPs and that receipts can be produced before district  Commission at time of arguments or at whish of District Commission. Hence this complaint.
2. Notice of the complaint was given to the OPs through registered Post, OPs appeared through their Counsel  and filed  written version.
3.        The complaint has been contested by the OPs, filed written version ,raised preliminary objections. The ops had checked the meter of complainant in his presence at his premises on 6.4.2018 vide ECR no.29/504 and detected the meter as 56.5.% slow . Due to this , account of the complainant was overhauled for the period of 6 month from date of checking. Therefore, the complainant was asked to deposit Rs.7,02746/- as meter slowness charges . The Ops have issued notice bearing no.987 dated 10.4.2018  as  per rules and regulations of PSPCL and no refund can be claimed by the complainant against the slowness charges and prayer for dismissal of complaint with cost has been made.
4. The complainants in support of their complaint placed on record  his  affidavit Ex.CW1/A and copies of  documents i.e  memorandum of Society Ex.C1, Certificate of registration of societies Ex.C2, Representation  to PSPCL regarding requirement  of electricity meter and supply of electricity Ex.C3, application form for release of electricity connection Ex.C4,  Representation to SDO PSPCL ,Mohali regarding issuance of electricity bill in name of Lal BahadurEx.C5,  Electricity bill dated 3.1.2018 in the name of Lal Bahadur Ex.C6, notice no.987 dated 10.4.2018 issued by OPs ExC7. Application under Section 22 of Legal Service Authorities submitted by complainant against  the OPs before Permanent Lok Adalat Mohali Ex.C8  In rebuttal the OPs filed in shape of affidavit and copies of documents i.e checking report dated 6.4.2018 Ex.OP1,  Memo no.987 dated 10.4.2018 Ex.OP2, calculation sheet regarding overhauling of account of complainant Ex.OP3,  bill dated  28.2.2019 Ex.OP4,  Payment list of complainant Ex.OP5,  chorology of payments of the complainant Ex.OP6.
5.                  Heard. Entire record has been perused.
6.                Admittedly, the complainant  has furnished, application of the  Society to PSPCL for electricity connection vide Ex.C3. The complainant has also proved copy of Application and Agreement Form  submitted with the OPs  for release of connection vide Ex.C4. The complainant proved Ex.C7, vide which the OPs issued notice no.987  dated 10.4.2018  demanding Rs.7,02746/- from  the complainant for slowness of the meter.   As per the checking report vide Ex.OP1,  the meter in question was found 56.5% slow. The report has also  been  signed by the complainant  Lal Bahadur and no disagreement/descent has been recorded by the complainant .  The OPs have issued memo no.987 dated 10.4.2018 to the complainant vide Ex.OP2 , vide  which complainant  was asked to deposit Rs.7,02746/- as meter slowness charges on the basis of  meter testing report Ex.OP1.  The Ops have placed on record the calculation sheet of overhauling of account of the complainant vide Ex.OP3.
7. From the perusal of the  above said record, it is inferred that OPs checked meter of complainant on 6.4.2018 vide Ex.OP1 and found the meter slow by 56.5% ,  which was duly signed by the complainant . No dissenting note  was recorded by the complainant on the meter checking report.  As per calculation sheet vide Ex.OP3 the OPs issued notice bearing memo no.987 dated 10.4.2018 asking the complainant to deposit the meter slowness charges Rs.7,02,746/- . The complainant has not furnished any evidence / arguments, what so ever, against the meter checking report ( Ex.OP1) or the calculation sheet (Ex.OP3) or the notice (Ex.OP2), to prove  these wrong or erratic in any way . Moreover the complainant himself signed the meter testing report Ex.OP1 without recording any disagreement or dissent with the report. So we don’t find anything in evidence of complainant or record  to overrule meter checking report  (Ex.OP1) , Account overhauling calculation (Ex.OP3) and notice no.987 dated 10.4.2018 (Ex.OP2) .
8.   In view of the above  discussion and inference, the present  complaint  is hereby  dismissed  with no order  as to cost.  As per order dated 19.12.2018 ,  the OPs were directed to restore electricity connection subject to deposit of Rs.1,50,000/- within 10 days from the date of the order.  It was also ordered  that an amount of Rs.3,10,000/- has already been deposited through two receipts dated 22.10.2018 and 23.10.2018. Therefore, the Ops are entitled to recover the amount demanded through notice memo no.987 dated 10.4.2018 after adjusting the amounts  if already paid , as per their record. Copy of this order be sent to the complainant and the OPs as per rules. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and  paucity  of staff . File be returned back to District Consumer Commission , Mohali, for proper consignment.

    Pronounced 20 April 2023

                                                           

                                                                          (S.K. Aggarwal)

                                                                              President

                                                                    

    

                                                                                   (Shivani Bhargava)

                                                                              Member

 

                                                                                    (Sh. Manjit Singh Bhinder )

                                                                                             Member