Order by
Sh.Amrinder Singh Sidhu, President
1. The complainant has brought the instant complaint under section 12 of the Consumer Protection Act, 1986 (as amended upto date) on the allegations that the complainant is a consumer of opposite parties having an electric connection no.11GT11004BH installed at his house. Complainant alleges that he is paying the electricity charges regularly and nothing is due towards him. Further alleges that however, the meter was OK, but the opposite parties used to send bills on average basis and in this way, the opposite parties have received excess amount on the average basis for the last one year, the same are liable to be adjusted/refunded by the opposite parties. In the month of November, a bill for Rs.20,120/- was issued, when the complainant approached to opposite parties, then R.A. corrected the same and told the complainant to pay Rs.11,055/- and the same was corrected by R.A. with his own hands. But in the bill in dispute again the same amount has been added. This is being done by R.A. knowing intentionally and willfully. The bill in dispute is altogether illegal, unjust, unwarranted, void at law and liable to be set aside, as no memo of any kind has been issued to the complainant; no proper notice any kind has been issued before imposing the said amount; the complainant has been condemned unheard; no opportunity has been granted to the complainant; mandatory provision of PSPC Ltd has been violated; no checking of the connection was conducted in the presence of the complainant or his representative; the consumption of the complainant is not too much which has been claimed. The opposite parties are bent upon and threatening to recover the amount of Rs.25,755/- and to disconnect the connection forcibly, illegally, unjustly and by taking law into their own hands. The opposite parties have absolutely got no right, title or interest in doing so. In case, the opposite parties succeed in doing so, the complainant will suffer huge loss and injuries which cannot be compensated later on in terms of money. Due to the aforesaid act and conduct and deficiency in service of opposite parties, the complainant has suffered mental tension, harassment and financial loss. Vide instant complaint, the complainant has sought the following reliefs.
- To quash the illegal demand of Rs.25,755/- raised by opposite parties on account of consumption of electricity charges in respect of electric connection no.11GT11004BH in the name of the complainant and to adjust the bills issued for the last one year, which were altogether illegal, unwarranted unjust, void and against the fundamental principal of law. Further opposite parties be restrained to recover the amount in question and disconnection of the electric connection of the complainant. Further necessary direction be given to opposite parties to refund the excess amount, which the complainant deposited under protest to avoid disconnection of electricity.
- Or any other relief may kindly be granted as this Forum may deem fit and proper.
Hence, this complaint.
2. Upon notice, opposite parties appeared through counsel and contested the complaint by filing written reply taking certain preliminary objections therein inter alia that the present complaint is not maintainable; that this Forum has got no jurisdiction to try and decide the present complaint; that the complainant has concealed material facts from this Forum. Actual facts are that the meter of the complainant was defective and the same was changed on 16.03.2016, vide MCO no.139/0412 dated 01.03.2016. The audit party vide half margin no.37 dated 8/16 overhauled the account of the complainant for the period 10/2015. Accordingly amount of Rs.9065/- was claimed by the opposite parties and the said amount was deposited by the complainant. The audit party again vide half margin no.86 dated 2/17 overhauled the account of the complainant for the period 10/2015, 11/2015, 12/2015 and 03/2016. Accordingly an amount of Rs.17,380/- was claimed by the opposite parties. The complainant did not pay the said amount thereafter the said amount was added in the bill November, 2017. The complainant visited the office of opposite parties and the concerned official refunded the amount of Rs.9972/- out of amount of Rs.17,380/- (as already charged in the half margin no.37 dated 08/2016) in the bill February, 2018. Thereafter the complainant did not pay the further consumption bills. Thus, the amount of Rs.29,450/- is still outstanding against the complainant till February, 2018. The complainant is liable to pay the amount in dispute both in law and equity. On merits, all other allegations made in the complaint have been denied and a prayer for dismissal of the complaint with costs has been made.
3. In order to prove his case, the complainant tendered in evidence his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and copies of documents Ex.C2 to Ex.C-4 and closed the evidence.
4. On the other hand, the Opposite Parties tendered in evidence the affidavit of Sh.Mohan Singh, S.D.O., PSPCL, City Sub Division, Bagha Purana Ex.OPs-1 and copies of documents Ex.OPs-2 to OPs-12 and closed the evidence.
5. We have heard attorney of the Complainant and ld. counsel for the Opposite Parties, perused the written arguments of the Opposite Parties and have carefully gone through the evidence on record.
6. During the course of arguments, Sh.Rohit Mittal, attorney has mainly reiterated the facts as narrated in the complaint and contended that an electric connection no.11GT11004BH installed at the residence of the Complainant and he has been paying the electricity charges regularly and nothing is due towards him. Further contended that although the meter installed in the premises of the Complainant was OK, but the Opposite Parties used to send bills on average basis and in this way, the opposite parties have received excess amount on the average basis for the last one year, the same are liable to be adjusted/refunded by the opposite parties. In the month of November, a bill for Rs.20,120/- was issued, when the complainant approached to opposite parties, then R.A. corrected the same and told the complainant to pay Rs.11,055/- and the same was corrected by R.A. with his own hands. But in the bill in dispute again the same amount has been added. This is being done by R.A. knowing intentionally and willfully. The bill in dispute is altogether illegal, unjust, unwarranted, void at law and liable to be set aside.
7. On the other hand, ld.counsel for the Opposite Parties has repelled the aforesaid contention of the Complainant on the ground that actually, the meter of the complainant was defective and the same was changed on 16.03.2016, vide MCO no.139/0412 dated 01.03.2016. The audit party vide half margin no.37 dated 8/16 overhauled the account of the complainant for the period 10/2015. Accordingly amount of Rs.9065/- was claimed by the opposite parties and the said amount was deposited by the complainant. The audit party again vide half margin no.86 dated 2/17 overhauled the account of the complainant for the period 10/2015, 11/2015, 12/2015 and 03/2016. Accordingly an amount of Rs.17,380/- was claimed by the opposite parties. The complainant did not pay the said amount thereafter the said amount was added in the bill November, 2017. The complainant visited the office of opposite parties and the concerned official refunded the amount of Rs.9972/- out of amount of Rs.17,380/- (as already charged in the half margin no.37 dated 08/2016) in the bill February, 2018. Thereafter the complainant did not pay the further consumption bills. Thus, the amount of Rs.29,450/- is still outstanding against the complainant till February, 2018. The complainant is liable to pay the amount in dispute both in law and equity.
8. It is not disputed that an electric connection no.11GT11004BH having connected load 11.35 KW is installed at the residence of the Complainant. It is also not disputed that the meter of the complainant was defective and the same was changed on 16.03.2016, vide MCO no.139/0412 dated 01.03.2016, copy of MCO Ex.OPs2 is placed on the record. Thereafter, the audit party vide half margin no.37 dated 8/16 overhauled the account of the complainant for the period 10/2015. Accordingly amount of Rs.9065/- was claimed by the opposite parties and the said amount was deposited by the complainant. The audit party again vide half margin no.86 dated 2/17 overhauled the account of the complainant for the period 10/2015, 11/2015, 12/2015 and 03/2016. Accordingly an amount of Rs.17,380/- was claimed by the opposite parties and accordingly, the complainant did not pay the said amount thereafter the said amount was added in the bill November, 2017. The complainant visited the office of opposite parties and the concerned official refunded the amount of Rs.9972/- out of amount of Rs.17,380/- (as already charged in the half margin no.37 dated 08/2016) in the bill February, 2018. Thereafter the complainant did not pay the further consumption bills. The contention of the ld.counsel for the Opposite Parties is that the amount of Rs.29,450/- is still outstanding against the complainant till February, 2018.
9. But however, the plea of the Complainant is that the Opposite Parties are claiming the exhorbitant amount from him under the garb of defective meter and hence, the demand raised by the Opposite Parties is altogether illegal, unjust, void at law and is liable to be set aside. As per Regulation 21.5.2 under the Head Defective (Other than inaccurate)/ Dead/ Burnt/ Stolen Meters) of Electricity Supply Code and Related Matters Regulations 2014 (Upto 4th amendment), 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 case the consumption of corresponding period of the previous year is not available, the average monthly consumption of previous six months during which the meter was functional, shall be adopted for overhauling of accounts. If neither the consumption of corresponding period of previous year nor for the last six months is available then average of the consumption for the period the meter worked correctly during the last six months shall be taken for overhauling the account of the consumer.
10. In view of the aforesaid facts and circumstances of the case, the demand of Rs.25,755/- raised by the Opposite Parties vide bill dated 16.12.2017 (Ex.C4) from the Complainant is set aside. However, the Opposite Parties are at liberty to charge the Complainant for the months of 10/2015, 11/2015, 12/2015, 01/2016 and 03/2016 by taking the average consumption of corresponding period of previous year. In case the consumption of corresponding period of the previous year is not available, then the average monthly consumption of previous six months during which the meter was functional, shall be adopted for overhauling of accounts. If neither the consumption of corresponding period of previous year nor for the last six months is available then average of the consumption for the period the meter worked correctly during the last six months shall be taken for overhauling the account of the consumer. However, the Complainant shall continue to pay the consumption charges regularly without any default in future as per actual consumption. The Opposite Parties are also directed to adjust the amount so deposited during this disputed period while overhauling the account of the Complainant. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. The compliance of this order be made by the Opposite Parties within 45 days from the date of receipt of copy of this order. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
11. 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, Faridkot. There is only one working day in a week when the quorum of this Commission remains complete.
Announced in Open Commission.
Dated: 20.08.2021.
(Parampal Kaur) (Amrinder Singh Sidhu)
Member President
