BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.10 of 2019

      Date of Instt. 07.01.2019

      Date of Decision: 05.01.2021

Rajesh Bhagat, s/o Sh. Tara Singh aged about 66 years, House No.1, Tower Enclave, Phase-II, Nakodar Road, Jalandhar.

..........Complainant

Versus

1.       Punjab State Power Corporation Ltd., Head Office, The Mall, Patiala, through its CMD.

2.       Punjab State Power Corporation Ltd., Sub-Division Lambra,   Jalandhar City, through its SDO/AEE.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Sh. Kuljit Singh             (President)

Smt. Jyotsna                   (Member)

Present:       Sh. Arvind Sharda, Adv. Counsel for the Complainant.

Sh. SKS Chhabra, Adv. Counsel for the OPs No.1 & 2.

Order

Kuljit Singh (President)

1.                The instant complaint has been filed by the complainant, wherein alleged that the complainant is a retired Punjab government employee. The complainant was working with Punjab State Electricity Board and retired as Superintending Engineer. The complainant has taken domestic supply electricity connection from the OPs under account bearing No.3001348939. That the complainant had been paying regularly energy consumption bills to the OPs and nothing is due to be paid out of the regular energy consumption bills to the OPs. That a few days ago, the OPs issued regular energy consumption bill dated 21.12.2018 amounting Rs.64,560/- for the charging period 23.04.2018 to 21.12.2018, to the complainant. After going through the details, the complainant was shocked to notice that the said bill was raised for 242 days. Moreover, a sum of Rs.6029/- was shown as arrears of previous years. Whereas, as per the rules and regulations on the subject, the OPs were required to issue a bi-monthly energy consumption bill to the complainant. The OPs cannot add arrears of previous years in the regular energy consumption bill straightway. For charging any consumer in respect to the arrears of previous years, the OPs are bound to issue supplementary bill in this regard. The OPs have never issued any supplementary bill in this regard to the complainant. That after receiving the impugned bill, the complainant immediately approached OP No.2 and apprised him about the illegalities, as described in para NO.3 above. The OP No.2 directed the complainant to deposit the impugned bill, otherwise, the supply of electricity to the residence of the complainant would be disconnected. It is pertinent to mention over here that the OPs are nurturing grudge against the complainant. This is so because earlier also the complainant filed a complaint against the OPs before this Forum, under which an illegal demand of Rs.1,29,400/- was raised from the complainant. This Forum quashed the said illegal demand of Rs.1,29,400/-, which was raised by the OPs. That this act of generating the impugned energy consumption bill amounting Rs.64,560/- for 242 days, instead of a bi-monthly i.e. 60 days and the act of the OPs of adding an amount of Rs.6029/- towards arrears of previous years, in the impugned energy consumption bill, amounts to deficiency in service on the part of the OPs. The complainant was made to approach the OPs time and again, without there being any short coming on the part of the complainant, has caused mental harassment to the complainant 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  quash the regular energy consumption bill dated 21.12.2018 amounting to Rs.64,560/- and charge the complainant on the basis of correct consumption of electricity and further directed to pay a sum of Rs.10,000/- to the complainant towards compensation for causing harassment to the complainant and further directed to pay Rs.11,000/- to complainant towards legal expenses for pursuing the present complaint and any other relief which this Forum deems fit.

2.                Notice of the complaint was given to the OPs, who filed reply and contested the complaint by taking preliminary objections that the complaint filed by the complainant is false, frivolous and vexatious to the knowledge of the complainant and has been filed, just to harass the answering OPs and just to delay the making of payment of the outstanding amount, due towards complainant. It is further alleged tht the complainant not approached the Forum with clean hands and intentionally and deliberately concealed the material facts from the Forum. It is worthwhile to mention here that the complainant is trying to misuse the colour of his office. It is further alleged that the complainant himself retired from very responsible senior post of electricity department and is well aware that every consumer is legally bound to make the payment of the electricity consumed by him to the electricity department. The complainant is also well aware of the fact if due to some technical defect or due to some system failure in generating the electricity bills, then the PSPCL not lost its legal right to claim the electricity bill from the consumer qua the electricity consumed by the consumer of that period. It is further alleged that the complaint filed by the complainant is bad for mis-joinder and non-joinder of the necessary parties. It is further averred that the complaint filed by the complainant is not legally maintainable in the present Forum. It is worthwhile to mention here that story narrated in the complaint is concocted and cooked-up story and has been made by the complainant just to extort money from the OPs. On merits, it is admitted that the OPs issued the regular consumption bill dated 21.12.2018 amounting Rs.64,560/- for charging period 23.04.2018 to 21.12.2018, to the complainant and also admitted that due to some technical defect in the system the bills of that period were not prepared and accordingly, the aforesaid bill was sent to the consumer, 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.                In order to prove their respective versions, both the parties produced on the file their respective evidence alongwith documents.

4.                We have heard the argument from learned counsel for both the parties and also gone through the case file very minutely.

5.                Precisely, the case of the complainant is that the complainant has taken domestic supply electricity connection from the OPs under account bearing No.3001348939 and the complainant had been paying regularly energy consumption bills to the OPs and nothing is due to be paid out of the regular energy consumption bills to the OPs. That a few days ago, the OPs issued regular energy consumption bill dated 21.12.2018 amounting Rs.64,560/- for the charging period 23.04.2018 to 21.12.2018 , to the complainant and moreover, a sum of Rs.6029/- was shown as arrears of previous years, copy of the bill is Ex.C-1 and as such, the complainant filed the present complaint.

6.                On the other side, in their reply the OPs admitted that due to some technical defect or due to some system failure in generating the electricity bills, then the PSPCL not lost its legal right to claim the electricity bill from the consumer qua the electricity consumed by the consumer of that period and also stated that the demand raised in the bill is only and only of the electricity consumed by the consumer and nothing else. In their evidence, OPs brought on the file affidavit Ex.OP/A alongwith documents Ex.OP1 and Ex.OP-2.

7.                After considering the overall facts and circumstances, it is crystal clear that due to some technical defect or due to some system failure in generating the electricity bills to the complainant and this fact has been admitted by the OPs in its written reply, but due to this mistake, the complainant suffered mental tension and harassment as the complainant paid regular energy consumption bills to the OPs time to time and as per rules and regulations, the OPs are required to issue a bi-monthly energy consumption bill to the complainant, moreover the OPs added Rs.6029/- as arrear, this point is very well mentioned in the bill Ex.C-1. So, therefore it is crystal clear that due to some technical defect or due to some system failure in generating the electricity bills to the complainant and as such, we came to conclusion that the complainant is entitled for the relief.

8.                In the light of above detailed discussion, the complaint of the complainant is partly accepted and OPs are directed to quash the regular energy consumption bill dated 21.12.2018 amounting to Rs.64,560/- and charge the complainant on the basis of correct consumption of electricity not excess and on the other hand, the complainant, who is retired as Superintending Engineer from PSPCL, not deposited his electricity bill on time, which is evident from Account Detail Sheet of complainant and Statement of Account, submitted by counsel for the OPs, so the complainant is directed to deposit the further bill time to time in future. OPs are directed to pay compensation as well as litigation expenses to the complainant, to the tune of Rs.2000/- for causing mental tension and harassment to the complainant. This complaint could not be decided within stipulated time frame due to rush of work.  

9.               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                                       Jyotsna                           Kuljit Singh

05.01.2021                              Member                          President