BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.298 of 2019
Date of Instt. 31.07.2019
Date of Decision: 18.04.2023
Madhu Sharma Aged about 53 years, W/o Late Sh. Ashwani Kumar R/o L-22, Upkar Nagar, Jalandhar.
..........Complainant
Versus
1. Punjab State Power Corporation Ltd., Shakti Sadan, Jalandhar through its Chief Engineer.
2. The S. D. O., East Commercial Sub Division-2, PSPCL, Jalandhar.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member) Sh. Jaswant Singh Dhillon (Member)
Present: Sh. K. K. Gupta, Adv. Counsel for the Complainant.
Sh. K. L. Dua, Adv. Counsel for OPs No.1 & 2.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant is an old age widow lady and she is having an electricity connection at her residence with an account no.3004884494. The complainant regularly paying the electricity bills to the OPs from time to time. On 22 March, 2018, the said connection was installed by the OPs, which is still outside of the house of the complainant. The first bill of Rs.6960/-was issued by the OPs for the period of 41 days and as per bill the electricity consumption was 887 units, which was paid by the complainant. On 02.07.2018, the 2nd bill of Rs.10,820/- for the period of 62 days was issued by the OPs and as per bill the electricity consumption was 1341 units, which was also paid by the complainant on dated 17.07.2018. On 30.08.2018, the 3rd bill of Rs.90,120/- was issued by the OPs for the period of 121 days and as per bill the electricity consumption was 10,468 units. On receiving of the said bill the complainant was shocked because she is using this connection for her small residence and the complainant immediately visited the office of OP No.2 and shown her inability to pay the said bill. The complainant explained the official of OP No.2 that she have not consumed the electricity as shown in the bill and complained that the electricity meter is not functioning properly and running very fast. The complainant requested them to rectify the inaccurate bill. On the genuine request of the complainant the official of the opposite party checked her old record and admitted that the said bill is wrongly issued but now he is unable to make any correction. Further he promised the complainant that he will definitely discuss the matter with his senior officials and after taking permission from them he will rectify the same. The complainant returned back and after few days the complainant again visited the office of OP No.2 and the officials told the complainant that they have made correction in their account and they will issue correct bill in the next billing cycle. On 30.10.2018, the opposite parties again issued a bill of Rs.1,05,690/- for the period of 61 days and as per bill the electricity consumption was 2654 units. On receiving of this bill, the complainant immediately visited the office of OP No.2 and shown her inability to pay the said inaccurate and wrong bill and again requested the same person to rectify the bill. The complainant again explained that she has not consumed too much electricity as showing in the alleged bill. The official of the OP No.2 requested the complainant to visit after 10 days, the complainant returned back and again visited after 10 days for the rectification of the said bill. Then the official of party no.2 flatly refused the complainant for the same. On 27.11.2018, when the complainant found no other way to correct the bill, she challenged the working and accuracy of her faulty electricity meter by depositing Rs. 120/- in the Service Centre JALBG02 vide receipt no.215100124604 dated 27.11.2018. The bill dated 30.10.2018 was also challenged by the complainant by depositing Rs.10/- vide receipt no.246 dated 27.11.2018 being inaccurate, vague and wrong. As per rules, the complainant also paid a sum of Rs.15,100/- as 10% of billing amount. The bill and electricity meter cannot be challenged without deposition of 10% of billed amount. After depositing the fee(s) and partial bill, the OPs told the complainant that they will inform the time and date of checking of the electricity meter in ME Lab within 15 days. The officials of OP No.2 also assured the complainant that the electricity meter and whole calculations of challenged bill will be checked in the presence of complainant. After challenging the faulty electricity meter and inaccurate bill, the OPs never informed the date of checking of the electricity meter in ME Lab, rather the complainant visited the office of OP No.2 many times to know the date of her visit in ME Lab for checking of electricity meter in her presence, but the officials of the OP No.2 never informed the complainant for the same. On 28.12.2018, the OPs issued a bill of Rs.1,04,340/- for the period of 59 days and as per bill the electricity consumption was 1260 units. The complainant again visited the office of OP No.2 and complained for not providing any information regarding date and time of checking of electricity meter in ME Lab and also complained for issuing inaccurate, in-genuine and vague bill of Rs.1,04,340/-. The complainant once again requested the officials to rectify the bill but the officials shown their inability. When the complainant refused to pay the inaccurate bill dated 28.12.2018, the officials of the OPs immediately visited the premises of the complainant and replaced the faulty electricity meter with the new electricity meter for the purpose of checking/testing the accuracy of challenged faulty electricity meter. It is pertinent to mention here that the electricity meter and bill were challenged on 27.11.2018 and the meter of the complainant replaced for checking after a very long unexplained delay of approximately one month. Rather when the faulty meter was replaced they had not informed any date and time of checking/testing of electricity meter to the complainant. On 28.02.2019 the OPs again issued an inaccurate and vague bill of Rs.1,33,590/- for the period of 62 days and as per bill the electricity consumption was 3035 units. On receiving of this bill the complainant again visited the office of OP No.2 and inquired about bill. The OPs have sent this bill with new meter reading shown as "335" and the old reading shown as "15270". The officials were failed to explain the calculation of consumed units and suggested the complainant to wait till the receiving of meter checking report from ME Lab and Bill Challenge Report. On 01.05.2019, the opposite parties again issued an accurate and vague bill of Rs.1,35,710/- for the period of 124 days and as per bill the electricity consumption was 3007 & 1074 Units. As per latest bill the old reading is ‘1’ and new reading is ‘1934’. The complainant was stunned by seeing this reading because in the last bill dated 28.02.2019 the new reading was written as ‘335’ and if the last reading was ‘335’ then how the old reading can be shown as ‘1’ in the latest bill dated 01.05.2019. On receiving of this bill the complainant once again visited the office of OP No.2 and requested their official to explain the calculation of consumption and to clarify the difference between new and old readings. The complainant also asked the officials on which bases they have sent this bill of 3007 & 1074 units but once again the official was failed to explain. The consumed units were written on the bill in two figures which is not digestible. The opposite parties have sent this inaccurate and in-genuine bill without any accurate consumption reading and its calculation. The consumption of 3007 & 1074 is not came out from the calculation of above said meter readings. The OPs are sending and demanding money for the consumption of ‘3007 & 1074 units’ in a single bill illegally. To avoid the disconnection of electricity the complainant deposited Rs.20,000/- on dated 13.05.2019. On 25.06.2019, both the OPs crossed all the limits and heights of negligence, the OPs issued two bill of Rs.1,50,680/- and 1,50,850/- on same date i.e. 25.06.2019, both the bills were issued for the same period of 55 days and as per both the bills the electricity consumption was also same i.e. 3617 units. In both the bills old and new reading, electricity consumption, bill issuing dates are same but billing amounts are different. Moreover the opposite parties are failed to provide legal and accurate electricity bills as per genuine consumption of electricity to its consumers. When the complainant told the officials of OPs to rectify the bill otherwise she will approach consumer forum for filing of complaint then both the OPs sent their officials to the complainant on 26.07.2019 and they handed over a letter bearing no.689 dated 25.07.2019 which was issued by the Assistant Executive Engineer, East Commercial Unit II Sub Div., PSPCL Jalandhar along with a photocopy of report of Assistant Engineer, ME Lab, PSPCL Goraya, to the complainant. The Complainant was shocked by seeing alleged report. As per assurances made by the officials of the OPs, they never called or informed the complainant regarding time and date of checking/testing of faulty electricity meter. As per alleged letter and alleged report of ME Lab the electricity meter of the complainant found working correctly. The officials of the OPs threatened the complainant to deposit an amount of Rs.1,52,642/- within 7 days from the date of receiving of this letter otherwise they will disconnect the connection of the complainant. The OPs have made a false report, rather the complainant was waiting for the call of opposite party to attend the checking of electricity meter from the last 9 months and during this period she visited the office of OP No.2 many times, to know about the date and time. One more thing i.e. the bill dated 30.10.2018 was also challenged by the complainant on 27.11.2018 and till date the opposite parties are failed to provide any information about it. The opposite parties have prepared false ME Lab report and now illegally demanding Rs.1,52,640/-. Till date neither any Bill Challenge Report has been sent to the complainant nor any calculation has been made in the presence of complainant by the OPs. The OPs have already sent two in-genuine bills on 25.06.2019. As per the opposite parties they have already added all the charges, consumption, taxes till date in the billing amount, then how the opposite parties can demand Rs.1,52,642/- through the above said letter dated 25.07.2019. Both the OPs have declared illegal their own all the bills sent till the month of June, 2019 by their own act. On the alleged report of ME Lab, Goraya, no number, date of issuance and signature are mentioned. The date and time of checking of electricity meter also not mentioned in the report. It clearly shows that the said report has been made by the OPs only to extract money from the complainant. The OPs has not informed the complainant regarding date and time of checking of meter in ME Lab, intentionally. The electricity meter and bill was challenged on 27.11.2018 but the alleged report of ME Lab is sent, after the unexplained delay of 9 months, on 26.07.2019. The alleged letter was served to the complainant on 26.07.2019 and as per directions given in the alleged letter the OPs cannot remove/disconnect the alleged electricity connection before 03.08.2019, but the officials intentionally violated the conditions of alleged letter and willfully disconnected the electricity connection in arbitrary manner by hampering the fundamental rights of the complainant consumer on 31.07.2019, which is totally against the principals of the natural justice. The electricity connection of the complainant is disconnected on 31.07.2019 i.e. 3 days prior to harass the complainant and now she is suffering with an irreparable loss and injury. The electricity is a basic amenity of life and the human cannot survive without the electricity. The photograph of the place where the meter was installed will be provided later on. The act and conduct of the OPs is full of negligence and arbitrary. The OPs have regularly sent illegal, inaccurate and vague bills to the complainant from the date of 30.08.2018. Now the opposite parties have disconnected the electricity connection of the complainant on 31.07.2019 by violating the conditions of their own letter. The act and conduct of all the opposite parties amounts to unfair trade practice and it is a great negligence and deficiency in services on their part 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 set aside the demand of bill of Rs.1,52,642/- being in-genuine, vague, illegal and not as per the genuine consumption of the consumer and to pay Rs.50,000/- for harassment, mental tension, inconvenience and to pay cost of litigation to the tune of Rs.25,000/- for providing negligent and deficient services to the complainant along with 18% interest from the date of in-genuine bill and further be directed to pay back the amount of Rs.15,100/- was paid by the complainant for challenging the meter and to pay back the amount 20,000/- which was paid by the complainant to avoid disconnection of electricity and the OPs may kindly be directed to restore the electricity connection being basis amenity of life which was disconnected on 31.07.2019, in the interest of justice.
2. Notice of the complaint was given to the OPs, who filed joint written reply and contested the complaint by taking preliminary objections that no cause of action arose to the complainant to file the present false and frivolous complaint. It is further averred that the present complaint is the misuse of the process of this Forum. It is further averred that the false and frivolous complaint has been filed with malafide intention, just to delay the legal payment of the legal outstanding amount of the bill in respect of the electricity consumed. It is further averred that the present complaint is bad for mis-joinder and non-joinder of necessary parties. PSPCL through its Chairman, is the necessary party. The Power Corporation is an autonomous body created under the provisions of the Statue and the same is the necessary party. The SDO cannot be impleaded in his personal capacity and as such is not the necessary party. The false and frivolous complaint is liable to be dismissed with compensatory costs to the tune of Rs.20,000/- under the provisions of the Consumer Protection Act. On merits, it is admitted that the complainant is the old aged widow lady and is residing at L-22, Upkar Nagar, Jalandhar and it is also admitted that complainant is having a Domestic Electricity Connection at her residence with the account No. 3004884494 and it is also admitted that the connection was released on 22nd March, 2018. The First bill was issued on 1-5-2018 for 887 units for 41 days amounting to Rs.6960/-, which was paid by the consumer/complainant, 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 not filed by the complainant.
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. It is admitted that the complainant is the consumer of connection installed in her house by the OP on 22.03.2018. It is also admitted that on 01.05.2018 first bill was issued for Rs.6960/- by the OP for 41 days and this bill has been proved as Ex.C-3. The complainant has proved on record that the second bill issued was dated 02.07.2018 and this was for Rs.10,820/- for the period of 62 days and the copy of the bill has been proved as Ex.C-4. This shows that the status of the meter has been mentioned as ‘P’. P means sudden high jump in meter reading. First bill was for 41 days and the other bill was for 62 days. Then another bill was issued by the OPs, which has been proved as Ex.C-5 for Rs.90,120/- and the consumption has been shown as 10468 units for 121 days and the meter status has been shown as ‘O’. Perusal of Ex.C4 and Ex.C-5 shows that the period of both the bills is the same i.e. Ex.C-4 is from 01.05.2018 to 02.07.2018, whereas Ex.C-5 from 01.05.2018 to 30.08.2018. On 01.05.2018 to 02.07.2018, the status of the meter was mentioned as ‘P’, but during the same period, the status of the meter has been shown as ‘O’. Then the OP issued a bill on 30.10.2018 for the period 30.08.2018 to 30.10.2018 and the consumption has been shown as 2654 units with the status ‘O’. The arrears have been mentioned in the bill. The complainant challenged the electricity meter before competent authority and deposited the required fees. The bill dated 30.10.2018 Ex.C-6 has also been challenged by the complainant after depositing the required fee. The OPs have alleged that the bill dated 30.08.2018 Ex.C-5 was issued after making the necessary adjustments, but perusal of Ex.C-4 and Ex.C-5 nowhere shows that any adjustment was made. Ex.C-10 shows that the bill was for the consumption of 3035 units and it was for Rs.1,33,590/- and status of the meter was found faulty, but the OPs issued the bill Ex.C-11 for the same period i.e. from 28.12.2018 onwards. From 28.12.2018 till 28.02.2019 as per Ex.C-10, the meter was faulty, but as per Ex.C-11, the status was mentioned to be ‘O’. This is clear cut deficiency on the part of the OPs as without verifying the actual position or the period for which they are charging the amount, the bills are being issued.
7. The OPs have alleged that on 12.02.2019 the meter was removed and the same was checked in the ME Lab and the meter was found ‘OK’. They have proved on record the letter and the report of the ME Lab Ex.D-5 and Ex.D-4. Perusal of Ex.D-4 nowhere shows that the meter was opened and checked in the presence of the complainant, which is mandatory for the checking of the meter in the ME Lab. No consent letter has been filed on record to show that the complainant has ever given the consent to the OP to check the meter in her absence in the ME Lab. In her absence the meter was checked and the meter was found ‘OK’. The OP, as per the Electricity Manual, cannot check the meter internally without following the procedure. Meter is to be checked by the ME Lab and that too in the presence of the complainant, but no procedure has been followed. It has been held by the Hon’ble Punjab State Commission, in FA No.1558 of 2011, decided on 19.03.2015, 2015 (2) CLT 222, titled as ‘Jagat Pal Vs. PSPCL Ltd. & Others’, that ‘Consumer Protection Act, 1986 Section 2(1)(g) Electricity - Exorbitant bills Complaint alleging deficiency in service - Failure on part of OP in their duties by not providing any guidance to complainant nor they told him to deposit the meter checking fees for getting the meter tested in the ME Lab - OP was under obligation to get the matter investigated at their own level and take appropriate action to check the working of the meter or to justify the excessive consumption recorded by it on account of some other occasions like marriage function of the complainant - In view of the instructions of the OPs, the exception in variations in consumption is to be verified after entering the same in the variation register, which was not done by the OPs.’
8. The complainant had challenged the meter and the bill on 28.11.2018, but the same was removed on 12.02.2019. The meter was found faulty as per Ex.C-10. If the meter was found faulty, then how can it be reported as ‘OK’ as per submission of OP. Perusal of the record further shows that once the complainant has challenged the meter and bill, it was the duty of the OPs to check the meter as to why there is a sudden hype in the consumption when the consumption was 887 units as per the first bill and it went on increasing in every bill issued by the OPs despite the fact that the complainant had challenged the bill and the meter, the same was not got checked immediately as per rules of electricity. So, the demand made by the OP i.e. Rs.1,52,642/- clear cut proves the deficiency in service, so, the same is illegal and the same is hereby set-aside and thus, the complainant is entitled for the relief.
9. In the light of above detailed discussion, the complaint of the complainant is partly allowed and the illegal bill amounting to Rs.1,52,642/- stands quashed. However, if any amount is due towards the complainant, the OPs can proceed as per procedure and law. Further, OPs are 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 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 Jyotsna Dr. Harveen Bhardwaj
18.04.2023 Member Member President
