Order by:

Sh.Amrinder Singh Sidhu, President

1.       The  complainant  has filed the instant complaint under section 12 of  the Consumer Protection Act, 1986 (as amended upto date) on the allegations that an electric connection bearing account no. 3001962304 with sanctioned load of 9.98 KW is installed in his residential premises since a long back in the name of his father Sh.Sarwan Singh. Sh.Sarwan Singh has since expired, copy of death certificate of Sh.Sarwan Singh is enclosed and after the death of Sarwan Singh, the complainant is using the said connection as beneficiary being legal heir and hence the complainant being as beneficiary, is consumer of the Opposite Parties. Complainant further alleges that  since the date of connection, earlier the father of the complainant and thereafter the complainant has been  paying the electricity consumption bills regularly against the receipts as and when received and nothing is due against the complainant except the present disputed bill.   Before this, the complainant had received bill dated 9.6.2018 for Rs.8610/- (Ex.C10) which was duly paid vide receipt Ex.C11 and earlier to that, the complainant never received the bill more than Rs.3000/- bi-monthly and hence, that bill was very exorbitant and the complainant never used the electricity to such extent. After receiving this bill, the complainant checked the reading of the meter, and the complainant was stunned to note that the meter was running at very high speed. Not only this, after switching off all the points of electricity of the premises, even then the meter was running very speedily. Then, the complainant immediately, approached the SDO of the Opposite Parties and made a request to them in writing, copy of request letter dated 9.6.2018, copy Ex.C15 on file and also prayed to get the meter be checked and also requested to send the revised bill after correcting the said bill.  Not only this, the complainant again sent reminder vide letter dated 26.7.2018, copy of which is Ex.C16 on the file,  to the Opposite Parties for correcting the said bill.  The Complainant further alleges that thereafter, the meter of the complainant was removed and sent to the Laboratory and they made report  dated 27.6.2018  showing the meter OK. Thereafter, the complainant is surprised to receive another bill dated 10.10.2018 showing the consumption of 3030 units for Rs.30010/-. Not only this, on the very next date, the complainant also received another bill dated 11.10.2018 from the Opposite Parties for Rs.81,220/- in which an amount of Rs.78,340/- ( i.e. Rs.64172/- as previous arrears and Rs.12579/- as EDX+InfraaCess and Rs.1589/- as Octroi+CC+MT) has been shown  without explaining any reason. But however, the complainant never used the electricity to such extent, nor there was any such occasion or function in the premises of the complainant to use such exorbitant consumption  and the said bill is payable on or before 26.10.2018. That after receiving the impugned bill, the complainant approached the officials of the Opposite Parties to know about the such exorbitant consumption bill and to correct the same to the extent of actual consumption charges, but the officials of the Opposite Parties refused to admit the rightful claim of the complainant and made a threat that they will disconnect the supply in case the impugned bill is not paid. However the claimed bill is very excessive and is contrary to all the previous bills and now the officials of the Opposite Parties are wrongly enforcing the recovery of the disputed bill inspite of the repeated requests of the complainant. Moreover, no separate notice of any kind was ever issued to the complainant before adding this amount in the current consumption charges. The act of the opposite parties is illegal, unwarranted and uncalled for and the amount raised by the opposite parties is liable to be set aside due to their malafide intention and deficiency in service. Vide instant complaint, the complainant has sought the following reliefs.

a)       The amount of Rs.81,220/- claimed in the bill dated 11.10.2018 on the basis of unexplained addition of arrears may please be set aside and quashed being illegal and uncalled for.

b)      The amount of Rs.50,000/- be allowed to be paid by the opposite parties on account of compensation due to mental tension and harassment caused by the complainant.

c)       The cost of complaint amounting to Rs.10,000/- may please be allowed.

d)      Not to disconnect the electric connection of the complainant due to non payment of the impugned amount till the final adjudication of the present dispute. 

e)       And any other relief to which this Hon’ble Consumer Forum, Moga may deem fit be granted in the interest of justice and equity.       

2.       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 and there is no deficiency in service on the part of the Opposite Parties.  The Complainant has concealed the material facts from this Commission. The electric  connection in dispute in the name of Sarwan Singh, but the Complainant never informed about the death of Sarwan Singh  nor applied for the change of name. Further whatever amount has been deposited, the same was duly adjusted into the account, but the disputed amount is due and recoverable from the Complainant.  As per the request of the Complainant, the meter was sent to ME Lab for its checking, and as per the report, the meter was running within its norms and the demand raised by the Opposite Parties is legal one, hence  the Opposite Parties are legally entitled to recover the amount from the Complainant.      Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint was made.

3.       In order to  prove  his  case, the complainant has tendered into evidence his affidavit Ex.C1, copies of documents Ex.C2 to Ex.18, additional affidavit of Complainant Ex.C19, copies of documents Ex.C20 to Ex.C29 and closed his evidence. 

4.       On the other hand, to rebut the evidence of the complainant, Opposite Parties also tendered into evidence affidavit of Sh.Bharpur Singh, SDO Ex.Ops1, affidavit of Kewal Singh, JE Ex.Ops2 and copies of documents Ex.Ops 3 to Ex.Ops8 and closed and closed the evidence.

5.       We have heard the Ld.counsel for the parties and gone through the documents placed  on record.

6.       During the course of arguments, Ld.counsel for the Complainant has  reiterated the facts as narrated in the complaint and contended that an electric connection bearing account no. 3001962304 with sanctioned load of 9.98 KW is installed in his residential premises since a long back in the name of his father Sh.Sarwan Singh. Sh.Sarwan Singh has since expired, copy of death certificate of Sh.Sarwan Singh is enclosed and after the death of Sarwan Singh, the complainant is using the said connection as beneficiary being legal heir and hence the complainant being as beneficiary, is consumer of the Opposite Parties. Ld.counsel for the Complainant further contended that  since the date of connection, earlier the father of the complainant and thereafter the complainant has been  paying the electricity consumption bills regularly against the receipts as and when received and nothing is due against the complainant except the present disputed bill.   Before this, the complainant had received bill dated 9.6.2018 for Rs.8610/- (Ex.C10) which was duly paid vide receipt Ex.C11 and earlier to that, the complainant never received the bill more than Rs.3000/- bi-monthly and hence, that bill was very exorbitant and the complainant never used the electricity to such extent. After receiving this bill, the complainant checked the reading of the meter, and the complainant was stunned to note that the meter was running at very high speed. Not only this, after switching off all the points of electricity of the premises, even then the meter was running very speedily. Then, the complainant immediately, approached the SDO of the Opposite Parties and made a request to them in writing, copy of request letter dated 9.6.2018, copy Ex.C15 on file and also prayed to get the meter be checked and also requested to send the revised bill after correcting the said bill.  Not only this, the complainant again sent reminder vide letter dated 26.7.2018, copy of which is Ex.C16 on the file,  to the Opposite Parties for correcting the said bill.  Further contended that  thereafter, the meter of the complainant was removed and sent to the Laboratory and they made report  dated 27.6.2018  showing the meter OK. Thereafter, the complainant is surprised to receive another bill dated 10.10.2018 showing the consumption of 3030 units for Rs.30010/-. Not only this, on the very next date, the complainant also received another bill dated 11.10.2018 from the Opposite Parties for Rs.81,220/- in which an amount of Rs.78,340/- ( i.e. Rs.64172/- as previous arrears and Rs.12579/- as EDX+InfraaCess and Rs.1589/- as Octroi+CC+MT) has been shown  without explaining any reason. But however, the complainant never used the electricity to such extent, nor there was any such occasion or function in the premises of the complainant to use such exorbitant consumption  and the said bill is payable on or before 26.10.2018. That after receiving the impugned bill, the complainant approached the officials of the Opposite Parties to know about the such exorbitant consumption bill and to correct the same to the extent of actual consumption charges, but the officials of the Opposite Parties refused to admit the rightful claim of the complainant and made a threat that they will disconnect the supply in case the impugned bill is not paid. However the claimed bill is very excessive and is contrary to all the previous bills and now the officials of the Opposite Parties are wrongly enforcing the recovery of the disputed bill inspite of the repeated requests of the complainant. Moreover, no separate notice of any kind was ever issued to the complainant before adding this amount in the current consumption charges. The act of the opposite parties is illegal, unwarranted and uncalled for and the amount raised by the opposite parties is liable to be set aside due to their malafide intention and deficiency in service.

7.       On the other hand, ld.counsel for the Opposite Parties repelled the aforesaid contention of the ld.counsel for the Complainant on the ground that the Opposite Parties have raised the demand from the consumer as per his usage of energy and    whatever amount has been deposited, the same was duly adjusted into the account, but the disputed amount is due and recoverable from the Complainant. Further contended that as per the request of the Complainant, the meter was sent to ME Lab for its checking, and as per the report, the meter was running within its norms and the demand raised by the Opposite Parties is legal one, hence  the Opposite Parties are legally entitled to recover the amount from the Complainant. Further contended that the electric connection is installed in the name of Sarwan Singh and hence, the Complainant is not the consumer of the Opposite Parties and on this ground also, the complaint is liable to be dismissed.         

8.       Admittedly, the electric connection in dispute is installed in the name of Sarwan Singh and said Sarwan Singh is none-else but the father of the Complainant and it is also not disputed that said Sarwan Singh has since expired, the copy of death certificate is placed on record as Ex.C18 and after the death of Sarwan Singh, the complainant is using the said connection as beneficiary being legal heir and hence the complainant being as beneficiary, is consumer of the Opposite Parties under the Consumer Protection Act, 1986. This view also stands fortified by the decision of the Hon’ble State Consumer Disputes Redressal Commission, Pb. Chandigarh in Appeal No.218 of 2004 (Ashwani Kumar Vs. Punjab State Electricity Board and Ors.) decided on 16.8.2005.  

9.       Furthermore, perusal of the previous bills placed on record  shows that the consumer never consumed the electricity more than Rs.3,000/- bi-monthly, but the bill in dispute dated 11.10.2018 raised by the Opposite Parties amounting to Rs.81,220/- is on the basis of unexplained addition of arrears. The case of the Complainant is that he never used the electricity to such extent. After receiving this bill, the complainant checked the reading of the meter, and found that  the meter was running at very high speed. Further contended that after switching off all the points of electricity of the premises, even then the meter was running very speedily. Then, the complainant immediately, approached the SDO of the Opposite Parties and made a request to them in writing, copy of request letter dated 9.6.2018, copy Ex.C15 on file and also prayed to get the meter be checked and also requested to send the revised bill after correcting the said bill.  Further contended that the complainant never used the electricity to such extent, nor there was any such occasion or function in the premises of the complainant to use such exorbitant consumption.

10.     Regulation 21.5.1 of Electricity Supply Code and Related Matters Regulations 2007 (as notified by Punjab State Electricity Regulatory Commission vide notification No.PSERC/Secy./Reg.97 dated November 5, 2014 and published in Govt. of Punjab Gazette(Extra) dated November 5, 2014) provides that account of the consumer, whose meter on testing found to be beyond the limits of prescribed accuracy, shall be overhauled and the electricity charges for all categories of consumers shall be computed in accordance with the said test results for a period not exceeding six months immediately preceding the date of test, in case meter has been tested at site to the satisfaction of the consumer or replacement of inaccurate meter, whichever is later. In the instant case, the consumption bill Ex.C2 shows that the impugned exorbitant consumption is relating to the bill for the month of October, 2018 on exorbitant/ excessive average consumption.  On the other hand, to rebut the aforesaid contention of the Complainant, the Opposite Parties have failed to prove and produce  any cogent and convincing  evidence to clear their stand regarding the generosity of the exorbitant addition of the amount in the consumption bill in dispute and as such, we do not agree with the aforesaid contention of the ld.counsel for the Opposite Parties with regard to such wrongful and illegal addition of hefty amount in the consumption bill of the Complainant. 

11.     Regulation 21.5.2 of Electricity Supply Code of 2014 (supra) provides that the  overhauling of the billing for period of six months will be on the basis of energy consumption of corresponding period of previous year and in case, the said consumption for corresponding period not available, then average monthly consumption of previous six months during which meter was functional shall be adjudged for overhauling of the accounts and as such, certainly violation of regulation 21.5.2 of rules and regulations 2015 referred above also  committed in this case.

12.     In view of the aforesaid facts and circumstances of the case, the  demand of Rs.78,340/- on account of arrears alongwith surcharge, interest & penalty etc. imposed upon it, raised by the Opposite Parties vide bill dated 11.10.2018 from the Complainant  is set aside being violative of rules and regulations and principles of natural justice. However,  the Opposite Parties are at liberty to charge the Complainant for the disputed period by taking the average  monthly consumption of previous six months during which meter was functional while overhauling  the account of the account. The Opposite Parties are also directed to pay lump sum compensation  of Rs.5,000/- (Five thousand only) on account of harassment, mental tension  and litigation expenses, to the Complainant. The Opposite Parties are also directed to adjust or refund the amount, if any, deposited by the Complainant against the disputed bill with the Opposite Parties  during the pendancy of the present complaint, while overhauling the account of the Complainant. The compliance of this order be made by the Opposite Parties within 45 days from the date of receipt of copy of this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this Commission. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

13.     Reason for delay in deciding the complaint.

This complaint could not be decided within the prescribed period because the government has not appointed any of the two Whole Time Members in this Commission since 15.09.2018. Moreover, the President of this Commission is doing additional duties at District Consumer Commission, Bhatinda as well as  Faridkot. There is only one working day in a week when the quorum of this Commission remains complete. 

Announced in Open Commission.

Dated:16.04.2021.