BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.139 of 2020

      Date of Instt. 03.03.2020

      Date of Decision: 06.02.2023

Surinder Kumar aged about 76 years son of Tirath Ram R/o House No.23, New Defence Colony, Phase-II, Village Paragpur, Jalandhar.

..........Complainant

Versus

1.       Punjab State Power Corporation Ltd. The Mall, Patiala, through        its Chairman.

2.       Punjab State Power Corporation Ltd. Sub Divisional Office     Birring, Jalandhar.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Sh. A.P.S. Pathania, Adv. Counsel for the Complainant.

                    Sh. K. L. Dua, Adv. Counsel for OPs No.1 and 2.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the residential electricity connection is installed in the property of the complainant and the electric meter is installed outside the gate of the house. In the house, the complainant is residing alongwith three other family members and normal usage household electric and electronic items are installed and during all this period the electric connection remained intact and since it is the property of opposite parties, it is the duty of PSPCL and their authorities to keep and maintain the electric connection in a good condition. The meter reader who had been visiting over the said property from outside the house of the complainant had been observing about the condition of the electric meter and had been reporting to his superior authorities regarding the good condition of electric meter. As and when the same is reported by him regarding any bad condition of electric connection, it is the duty of the PSPCL to replace the same with old one. The actual consumption has been paid by the complainant to the OPs as and when demanded and the detail of the same is attached alongwith the bills and payment receipts for the period from 04.10.2016 onwards till dates and as per perusal of those electricity bills, it is very much clear that the average consumption bills of the residential electric connection is around Rs.5000/- to Rs.7000/- on bi-monthly basis. Suddenly in the month of October 2017 the complainant received the bill dated 13.10.2017 for the period from 5.6.2017 to 13.10.2017 for about 5 months and it was noticed by the complainant that the old electric meter number has been changed in the electricity bill whereas the old electric meter number was changed as 100009949870 and the old number was 100001574429 and then the complainant came to know that the said electric meter has been changed but the electricity authorities did not revealed that what was the reason of changing the said electricity meter. It is pertinent to mention here that neither the complainant or his family members were informed regarding the change of electricity: meter nor any document was got signed by the electricity officials from the complainant or his family members regarding the mandatory provisions under the electricity rules in case the old electric meter is found faulty or burnt. The complainant approached the electricity officials at Sub Division Birring at the time of making the payment of electricity bill and he was informed that as a matter of routine work the old electric meter has been changed but suddenly the plaintiff received a huge bill for the month of August to October 2019 amounting to Rs.55,470/- being totally exaggerated, inflated, wrong, illegal and not binding upon the rights of the complainant and in this regard the complainant requested the OP No.2 for the correction of electricity bill and the OP No.2 informed the complainant that he has to deposit Rs.25,000/- in order to avoid any disconnection of the electricity meter. The complainant also deposited the same under protest. The complainant during all this period had been requesting the OPs that his bills are generated on a huge amount and such electricity bills cannot be generated on minimum consumption but the OPs did not listen to the request of the complainant and accordingly they kept on sending the wrong and illegal bills in which the carry forward entries are shown in the later bills of the complainant. It is also worthwhile to mention here that the said entries not only pertain to the earlier electricity bill but also the penal charges, interest etc. and due to this reason the complainant has been burdened with heavy electricity bill for which the complainant is not liable. The complainant vide letter dated 17.12.2019 which was received by the OPs vide receipt no.1384 dated 20.12.2019 requested the OPs to correct the bills and also to refund the amount but they did not pay any heed to the request of the complainant and in this regard he again gave the representation to the OPs on 8.1.2020 but the OPs again did not listen to his request nor they have replied to the representations of the complainant till date. The complainant was orally informed by the OPs that his old meter which was replaced was checked with ME Lab at Patiala and it was found that the same was tampered but till date neither any notice has been received nor any information was given by the OPs with regard to checking of electricity meter. Therefore, it is very much clear that the bills of the electricity consumption raised by OPs without any reason assigning the arrears of electricity consumption are totally illegal and unlawful, void ab-initio and are required to be corrected on the basis of actual consumption. The complainant is not liable to make the huge amount of Rs.55,470/-. The complainant at this juncture of life has been harassed and humiliated and he has been physically and mentally harassed by the opposite parties and he has become a rolling stone amongst the officials of opposite parties who are neither explaining the reasons of raising huge bills nor they are providing any such documentary evidence. Therefore, the complainant is also entitled for damages on account of mental and physical harassment 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 pay a compensation of Rs.5,00,000/- for causing mental tension and harassment to the complainant and Rs.33,000/- as litigation expenses. Further, OPs be directed to refund of the amount of Rs.25,000/- which was paid under protest and to quash the illegal and unlawful demand of the bill of Rs.55,470/- and to collect all the electricity bills for the last two years on the basis of actual consumption and further to pay the interest on the total amount @ 18% in the interest of justice.

2.                Notice of the complaint was given to the OPs, who filed 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 Commission. It is further averred that the false and frivolous complaint has been filed with malafide intention, just to delay the payment of the legal charges and to claim the damages from the Opposite Party, who is performing their duties, honestly and with sincerity, to the entire satisfaction of the General Public, including the complainant. It is further averred that there is no deficiency in service on the part of the opposite party nor there is any illegal trade practice. No loss has been suffered by the complainant due to any act of the OPs. 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, the factum with regard to installation of the electricity connection in the house of the complainant is admitted and the facts regarding bills and receipts from 04.10.2016 onwards are also admitted, 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 to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement. 

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.                The complainant has filed the present complaint alleging that he is the consumer of electricity and has been paying the bill regularly, which have been proved from Ex.C-1 to Ex.C-25. In the month of October, 2017 he received a bill dated 13.10.2017 for the period from 05.06.2017 to 13.10.2017 for about five months and the old electric meter number has been changed in the bill. The complainant came to know that the electric meter has been changed without informing him. Then suddenly the complainant received a huge bill for the month of August to October, 2019 amounting to Rs.55,470/-, which is evident from Ex.C-26 and as per the submission of the complainant, on the asking of OP No.2, he deposited Rs.25,000/- in order to avoid any disconnection of the electricity meter under protest, which is evident from Ex.C-27. The complainant wrote letters Ex.C-28 and Ex.C-29 dated 17.12.2019 and 08.01.2020 to the OPs for correction of the said electricity bill, but the OPs failed to do the needful.

7.                The OPs have alleged that the meter of the consumer remained burnt in the month of October, 2016 and the complainant was also informed regarding the burnt meter, but the complainant never applied for the change of meter and thereafter, device replacement order was generated on 06.10.2016. The bill was regularly sent on the basis of report of audit party. The difference of 4033 units was charged as per the report of audit, so the bill is based on actual consumption. As per the Electricity Manual, the prescribed period in Standards of Performance on receipt of the complaint in case of burnt meters, then it should be replaced within five working days. As per clause 21.4.1 of Punjab State Electricity Regulatory Commission, in case a consumer’s meter becomes defective/dead stop or gets burnt a new tested meter shall be installed within the time period prescribed in Standards of Performance i.e. within five working days on receipt of complainant or when it comes to the notice of the OPs that the meter is defective or burnt, but the OPs failed to install a new meter despite the fact that they came to know the status of meter as burnt. Thus, as per Electricity Manual, on the ground that the complainant never made any complaint though they were knowing about meter status, no benefit can be granted to the OPs.

8.                It is admitted fact that the complainant recived the bill dated 13.10.2017 for the period 05.06.2017 to 13.10.2017 for 130 days. During this period, the bills were issued on average basis showing very less consumption and after the replacement of the meter and the Audit Report, the account of the complainant was overhauled on actual consumption and the difference of the units was demanded. The same has been demanded as per the actual consumption. As per Electricity Supply Instruction Manual 93.1, which reads as under:-

                   “There may be certain cases where the consumer is billed        for some of the dues relating to previous months/years or otherwise as arrears on account of under assessment or demand /     load surcharge pointed out by Internal Auditor/ detected by the        authorized officers either owing to negligence of the PSPCL employees or due to some defect in the metering equipment or    due to application of wrong tariff/ multiplication factor or due to           mistake in connection or other irregularities etc. In all such     cases, separate bills shall be issued giving complete details of the charges levied.  

                   As per this circular, in all the such cases of burnt meter or wrong meter or defective meter, separate bills shall be issued giving complete details of the charges levied. In the present case, no separate bill has been issued nor there is any complete details on the basis of which this amount has been claimed. This is merely demand notice of Rs.35,026/-, which itself nowhere shows how this amount of Rs.35,026/- has been claimed and demanded by the OPs. It has been held by the Hon’ble Haryana State Commission, in a case, titled as ‘Uttar Haryana Bijli Vitran Nigam Limited & others’, 2016 (2) CLT 429, that ‘Consumer Protection Act, 1986 Section 2(1)(g) Electricity connection Domestic purpose - Issuance of electricity bill by illegality adding sundry charges Complaint partly allowed - Appeal Held, no show cause notice was issued to the complainant before imposing penalty Appellants miserably failed to show that provisional assessment made on the basis of audit report was ever served upon the complainant Provisions of Electricity Act not followed- Deficiency in service proved - Consumer can ask the service provider to give him the details on basis of which the demand is made, which is not in the present case- No case made out for interference.’

                   So as per the observation made by the Hon’ble Haryana State Commission, show-cause notice is must before making any demand, but in the present case, no show-cause notice was issued nor any audit report was sent and it was held by the Hon’ble Haryana State Commission that on the basis of audit report, which was never served upon the complainant, no penalty can be imposed nor the demand can be made. It was held by the Hon’ble Haryana State Commission that consumer can always ask the service provider to give him the details on the basis of which the demand is made, which is not in the present case. So, the demand made by the OP on the basis of audit report 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.55,470/- stands quashed. 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                    Dr. Harveen Bhardwaj     

06.02.2023                    Member                              President