DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 45 of 6.2.2019

                                      Decided on:           10.1.2023

Nirmal Bansal, resident of House No.1-B, Kishor colony, Patiala-147001.

                                                                   …………...Complainant

                                      Versus

1. Punjab State Power CorporationLtd.,(Powercom),

Head office: Mall Road, Patiala through its Chairman-cum-Managing Director.

2. Mr.Dhindsa, XEN, OP. East Commercial Sub Division Model Town, Punjab State Power Corporation Ltd.(Powercom), Patiala.
3. Sub Divisional Officer, Punjab State Power Corporation Ltd. Sub Division, East Commercial, Model Town Division: Patiala.
4. Taranjeet Singh, J.E. Sub Divisional Officer, Punjab State Power Corporation Ltd. Sub Division: East Commercial, Model Town Division, Patiala.

…………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh. S.K.Aggarwal, President

                                      Sh.G.S.Nagi,Member  

ARGUED BY              

                                      Sh.J.D.Bansal,counsel for complainant.

                                      Sh.Sajan Talwar,counsel for OPs No.1to3.

                                      OP No.4 deleted vide order dated 8.2.2019

                                      Name of Mr.Dhindsa is also removed vide order

                                      dated 8.2.2019 .  

 ORDER

                                      S.K.AGGARWAL,PRESIDENT

1. The instant complaint is filed by Nirmal Bansal (hereinafter referred to as the complainant) against Punjab State Power Corporation Ltd. (hereinafter referred to as the OPs) under the Consumer Protection Act (for short the Act).
2. It is averred that that the complainant is having domestic electricity connection bearing contract No.3000006423 (consumer No.P12JR010848K) with the sanctioned load of 9.90KW under the office of OP No.3, installed at his premises.
3. It is further averred that she received an electricity bill dated 15.7.2018 for the bill cycle of 15.5.2018 to 15.7.2018 showing the consumption of 9406 units for an amount of Rs.13,320/-.On receipt of bill, complainant approached OP No.4 (J.E.Taranjit Singh) who  conducted the checking on 6.8.2018  and vide his report of the even date he remarked that ,’ according to the complainant meter is running fast and wanted to challenge the meter. Checked the site and found that there is noise from the meter. It is further averred that at the time of checking it was apprised to the complainant that till the date of checking the electricity consumption was 4537 units. Thereafter the meter was replaced with new one and sent to ME Lab for its checking.
4. It is further averred that the complainant received a letter/notice No.2690 dated 27.8.2018 from Sub Divisional officer, Sub Division Model Town, PSPCL, Patiala alleging therein that the meter was checked in ME Lab vide challan No.2415/173 dated 21.8.2018 wherein meter accuracy of the complainant has been wrongly found 46% slow and the OPs wrongly lived a huge amount of Rs.1,23,819/- chargeable against the complainant.
5. It is further averred that on 11.9.2018, the officials of the OPs held a checking at the premises of the complainant regarding which checking report was duly entered in the checking register No.107 at page No.79 when the sanctioned load was found to be accurate.
6. It is further averred that thereafter the complainant challenged the illegal charges before the Disputes Settlement Committee, PSPCL, Patiala vide application No.6.9.2018   and also deposited  20% of the amount i.e. Rs.24,764/-under protest. It is further averred that  despite of the filing of case before DSC, the OPs again sent a letter No.72 dated 22.1.2019 alleging that the old meters of the complainant were having two phases dead and wrongly liable the complainant to pay Rs.36,728/-.It  is further averred that on his demand the OPs provided detail for the period from 30.11.2017 to 4.2.2019, whereby he came to know that the OPs levied an amount of Rs.1,35,631/- on 1.10.2018 besides the amount of Rs.1,23,819/-.It is further averred that other than the disputed bills, the complainant had already paid entire previous bills and even the complainant has paid 20% of the disputed amount and now the amount of Rs.1,23,819/-, Rs.1,35,631/- and Rs.36,728/- are under challenge and the same are liable to be waived off by the OPs. Hence this complaint for the waiver of the aforesaid amounts and also to pay compensation and costs.
7. Upon notice, OPs No.1to3 appeared through counsel and filed written statement taking various preliminary objections. It is pleaded that the complainant had challenged the meter on 7.8.2018 which was replaced on 16.8.2018 and was sent to the M.E.Lab., where the same was inspected on 21.8.2018, in the presence of Manu Bansal, relative of the complainant and the report was acknowledged by him by putting his signature on the same. It is further pleaded that after checking, accuracy of the meter was found -46% slow and  notice No.2690 dated 27.8.2018 was sent to the complainant directing him to pay Rs.1,23,819/- as default amount, calculated by applying LDHF formula. Thereafter, complainant challenged the same before Disputes Settlement Committee, who concluded that complainant had 9932 units consumption in 2012, 11186 units consumption in 2013, 13529  units consumption in 2014, 13639 units consumption in 2015, 6330 units consumption in 2016 and 6412 units consumption in 2017 and found that  the complainant had 50% less electricity consumption in the years 2016 &2017. It was further concluded that notice No.2690 dated 27.8.2018 is legal and valid and amount of Rs.1,23,819/- has been rightly claimed from the complainant.
8. On merits, it is admitted that the complainant is domestic electricity consumer of the OPs for the connection in question. All other averments raised by the complainant are stated to be matter of record and have prayed for the dismissal of the complaint.
9. In support of the averments, ld. counsel for the complainant has furnished in evidence, affidavit of the complainant, Ex.CA, copy of bill,Ex.C1, copy of JE report,Ex.C2, copy of notice No.2690,ExC3, copy of checking report, Ex.C4, copy of complaint, Ex.C5, copy of receipt of deposit of 20%,Ex.C6, copy of letter No.72,Ex.C7, copy of ledger,Ex.C8, copy of order of DSC,Ex.C9, copy of receipt of payment of Rs.35000/-,Ex.C10 and closed the evidence.
10. On the other hand, ld. counsel for the OPs has tendered in evidence Ex.OPA, affidavit of Prem Garg, SDO alongwith documents,Ex.OP1 copy of ME Lab report and closed the evidence.
11. At the time of arguments, Ld. counsel for the complainant did not argue the case and has prayed that the complaint may be decided on the basis of averments and evidence adduced on record.  We have heard the ld. counsel for the OPs and have also gone through the averments and the evidence adduced on record, carefully.
12. During the course of arguments, ld. counsel for the OPs has submitted a letter bearing memo No.15185 dated 27.12.2022, addressed to the complainant wherein it has been conceded that an amount of Rs.3,54,965/- which was outstanding/due from the complainant on 31.12.2021 and was not paid upto 30.6.2022 has been waived off, as per the policy of the OPs.
13. In view of above consideration, the amount disputed by the complainant has already been waived off, as per the policy of the OPs. Therefore, the claim sought for by the complainant is rendered as infractuous and the complainant is not entitled for any relief. However, the OPs will be at liberty to recover the amount from the complainant which is due w.e.f.1.1.2022 on ward. Consequently, the instant complaint stands dismissed, with no order as to costs. 
14.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
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                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President