Sh.Amrinder Singh Sidhu, President
1. Sh.Sohan Singh, complainant has filed the instant complaint under the Consumer Protection Act, 1986 (as amended upto date) on the allegations that an electric connection bearing account No.F54BR550747M is installed by the Opposite Parties in his residential premises and he has been paying the consumption bills regularly and nothing is due against him. The Complainant further alleges that electric meter installed on his connection became defective and on 23.02.2018, he moved an application with the Opposite Parties to replace the defective meter with new one, but till today nothing has been done so far by the Opposite Parties. However, as per law, the meter is to be replaced by the Opposite Parties within a period of 15 days. The Complainant also alleges that the Opposite Parties has issued him a bill for the month of June, 2018 for Rs.11,600/- which is very excessive one. Said demand raised by the Opposite Parties is altogether illegal, unjust, void at law and is liable to be set aside because no proper notice of any kind has ever been issued to the Complainant before imposing the said amount; that the Complainant has been condemned unheard; that no opportunity has been granted to the Complainant; that mandatory provisions of the Corporation have been violated and that said connection is installed on the outer electric pole. The Complainant alleges that the officials of the Opposite Parties are now bent upon and threatening to recover the impugned amount of Rs.11,600/- from the Complainant and in default, the Opposite Parties forcibly and illegally disconnect his connection by taking law into their own hands and in violation of prescribed rules and regulations of the Corporation and hence due to unwarranted and illegal acts of the Opposite Parties, the Complainant has suffered huge loss and he has been harassed unnecessarily. The Complainant further alleges that the service rendered by the Opposite Parties is deficient one. The Opposite Parties were requested many a times to admit the rightful claim of the Complainant, but they finally refused to do so, hence this complaint is filed due to deficiency in service on the part of the Opposite Parties. Vide instant complaint, the complainant has sought the following reliefs.
- Opposite Party be directed to quash the illegal demand of Rs.11,600/- raised by the Opposite Parties and to replace the defective meter with new meter and to issue the consumption bill on actual consumption basis and also to restrain the Opposite Parties not to recover the impugned amount and not to disconnect the electric connection of the Complainant forcibly and illegally.
- The Opposite Parties be also directed to pay Rs.50,000/- to the Complainant as compensation for causing him mental tension, harassment and for deficiency in service on the part of the Opposite Parties.
- Any other appropriate relief as this Forum deems fit and proper may also be awarded to the Complainant.
2. Upon notice, Opposite Parties appeared through counsel and contested the complaint by filing the written version taking preliminary objections therein inter alia that the present complaint is not maintainable; that this Forum has got no jurisdiction to try and decide the instant complaint and that there is no deficiency in service on the part of the Opposite Parties. On merits, the Opposite Parties allege that admittedly the meter installed on the electric connection of the Complainant became defective and hence the bill for the month of June, 2018 was issued to the Complainant on average basis by taking the average of previous year consumption as per Regulation No.21.5.2 (a) of the Corporation and hence, the demand raised by the Opposite Parties is legal one and in accordance with rules and regulations of the corporation. Moreover, the Corporation has a legal right to disconnect the electric connection on account of non payment of bill in dispute. Hence, there is no deficiency in service on the part of the Opposite Parties. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.
3. In his bid to prove his case, the complainant has placed on record his affidavit Ex.C1, copy of disputed bill Ex.C2 and copy of letter Ex.C3.
4. On the other hand, the Opposite Parties also placed on record the copies of bills Ex.OPs1 to Ex.OPs3, copy of data Ex.OPs4 and affidavit of Sh.Parmod Kumar Shukla, SDO OPs5.
5. We have heard the complainant and ld.counsel for Opposite Parties, perused the written arguments placed on record by the Opposite Parties and have carefully gone through the documents placed on record.
6. During the course of arguments, the Complainant has mainly reiterated the facts as narrated in the complaint and contended that he is a old person having age of 68 years and has been harassing by the Opposite Parties since long without any fault. The Complainant further contended that an electric meter installed in his residential premises bearing account No.F54BR550747M became defective and on 23.02.2018 he moved an application with the Opposite Parties to replace the defective meter with new one, copy of which is placed on record as Ex.C2, but till today the Opposite Parties did not replace the same. He further contended that as per law, the defective meter is to be replaced by the Opposite Parties within a period of 15 days. The Complainant further contended that the Opposite Parties have issued him a bill for the month of June, 2018 (copy of which is Ex.C3 on record) for Rs.11,600/- which is very excessive one and said demand raised by the Opposite Parties is altogether illegal, unjust, void at law and is liable to be set aside because no prior notice of any kind has ever been issued to the Complainant before raising the impugned demand and in this way, the mandatory provisions of the regulations of PSPCL have been violated by the Opposite Parties and hence due to unwarranted and illegal acts of the Opposite Parties, the Complainant has suffered loss and he has been harassed unnecessarily.
7. On the other hand, ld.counsel for the Opposite Parties has repelled the aforesaid contentions of the Complainant on the ground that the meter installed on the electric connection of the Complainant became defective and hence the bill for the month of June, 2018 was issued to the Complainant on average basis by taking the average of previous year consumption as per Regulation No.21.5.2 (a) of the Corporation and hence, the demand raised by the Opposite Parties is legal one and in accordance with rules and regulations of the corporation. Moreover, the Corporation has a legal right to disconnect the electric connection on account of non payment of bill in dispute and as such, there is no deficiency in service on the part of the Opposite Parties.
8. Undoubtedly, the meter installed on the electric connection bearing account No.F54BR550747M of the Complainant became defective and for the replacement of the defective meter with new one, the Complainant moved an application 23.02.2018 with the Opposite Parties, photo copy of which is placed on record as Ex.C2. But till today, the Opposite Parties did not replace the same for the reasons best known to the concerned officer/ official of the Opposite Parties and due to non replacement of the defective meter installed at the residential premises of the Complainant, the officials of the Opposite Parties have been issuing the consumption bills to the Complainant on average basis since 23.02.2018 i.e. from the last about one year. It is not disputed that the Complainant has given timely intimation to the Opposite Parties for changing the defective meter with new one vide his application dated 23.02.2018 Ex.C2 which was duly received by the concerned official of the Opposite Parties on the same day i.e. 23.02.2018, but the officials of the Opposite Parties are lingering on the matter on one pretext or the other. As per the Electricity Supply Code and Related Matters Regulations 2014 (Up to 4th amendment) of Punjab State Electricity Regulatory Commission, as per Annexure 5 under the Head Compensation Payable to Consumers in case of violation of minimum Standards of Performance (See Reg.26) as per Regulation 3.1 in the event of Meter Complaints, the inspection is to be conducted within 7 days and the replacement is to be made within 10 days failing which of the Opposite Parties are to pay penalty of Rs.50/- per day for default and the Designated Functionary to deliver the service i.e. the concerned JE/ Incharge of Area is/are liable to pay the penalty. Thus, the Opposite Parties have caused financial loss to the Complainant for causing delay in replacement of the defective meter with the new meter besides causing mental agony to a senior citizen. Hence, the Complainant is entitled to invoke the penalty clause of Rs.50/- per day from the date of filing the application i.e. 23.02.2018 by the Complainant for the replacement of the defective meter till the replacement of the defective meter with new functional meter.
9. The second contention of the Complainant is that the Opposite Parties have issued him a bill for the month of June, 2018 (copy of which is Ex.C3 on record) for Rs.11,600/- which is very excessive one and said demand raised by the Opposite Parties is altogether illegal, unjust, void at law and is liable to be set aside. On the other hand, ld.counsel for the Opposite Parties has repelled the said contention of the Complainant on the ground that the bill for the month of June, 2018 was issued to the Complainant on average basis by taking the average of previous year consumption as per Regulation No.21.5.2 (a) of the Corporation and hence, the demand raised by the Opposite Parties is legal one and in accordance with rules and regulations of the corporation and we are in agreement with this contention of the ld.counsel for the Opposite Parties. As per Regulation 21.5.2 under the Head Defective (Other than inaccurate)/ Dead/ Burnt/ Stolen Meters of the supra regulations 2014 of the Corporation, the accounts of a consumer shall be overhauled/ billed for the period meter remained defective/ dead stop subject to maximum period of six months and the procedure for overhauling the account of the consumer shall be on the basis of energy consumption of corresponding period of previous year. In the instant case, the Opposite Parties have followed the prescribed formula of the Corporation while overhauling the account of the Complainant and on this count, the Opposite Parties have not committed any breach of the regulation of the Corporation while overhauling the account of the Complainant.
10. No other point is urged before us.
11. In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant. Opposite Party No.1 is directed to replace the defective meter of the Complainant with new functional meter within 30 days from the date of receipt of copy of this order. Opposite Party No.1 is further directed to pay Rs.50/- per day, for default to the Complainant from the date of expiry of 17 days (i.e. seven days for conducting of inspection+ ten days for replacement of meter) of the date of application received from the Complainant for the replacement of the defective meter till date i.e. 15.03.2019. However, the complaint against Opposite Parties No.2 and 3 stands dismissed because the Complainant has not arrayed Opposite Parties No.2 and 3 as per law of legal jurisprudence. The compliance of this order be made within 30 days from the date of receipt of copy of this order, failing which the complainant shall be at liberty to get this order enforced through the indulgence of this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum.
Dated: 15.03.2019.
(Parampal Kaur) (Amrinder Singh Sidhu)
Member President
