Punjab

Rupnagar

CC/16/34

Ashok Kumar Dardi - Complainant(s)

Versus

Punjab State Power Corporation & Another - Opp.Party(s)

In Person

20 Jan 2017

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

 

                                                 Consumer Complaint No. : 34 of 09.08.2016

                                                           Date of decision               : 20.01.2017

                  

Ashok Kumar Dardi, aged about 66 years, son of Sh. Nobat Rai Dardi, resident of House No.1694, Near Khalsa School, Rupnagar, Tehsil and District Rupnagar.

                                                                                               ......Complainant

                                                                                   Versus

 

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

2.       DS Division, Rupnagar, through Executive Engineer.

3.       Sub Division, Punjab State Power Corporation Limited, Rupnagar, through SDO Sub Division.

 

                                                                                    ....Opposite Parties

 

                                        Complaint under Section 12 of the                                                                              Consumer Protection Act, 1986

 

QUORUM

                                       MRS. NEENA SANDHU, PRESIDENT

                                       SMT. SHAVINDER KAUR, MEMBER

 

ARGUED BY

 

Sh. Ashok Kumar Dardi, complainant in person

Sh. K.S.Longia, Advocate, counsel for the Opposite Parties. 

 

 

ORDER

                                       MRS. NEENA SANDHU, PRESIDENT

 

        Sh. Ashok Kumar Dardi has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘the O.Ps.’)  praying for the following reliefs:-

i)       To restore the electricity connection bearing No.R46HR663713K.

ii)      To direct the O.P. to correct the electricity bill of complainant.

iii)     To pay Rs.50,000/-  as compensation on account of mental agony and physical harassment along with litigation expenses.

 

2.                          In brief, the case of the complainant is that he had taken electric connection bearing No.R46HR667312K from the O.Ps. At the time of installation of the electric meter, the O.Ps. told him that there is some technical problem in it and it would be removed within short period and thereafter they would send the electricity bill. However, when the O.Ps. did not send him the electricity bill and then he requested the O.Ps. many times for sending the electricity bill but they were putting on the matter on one pretext or the other. Thereafter, he visited the office of the SDO, several times & requested him to change the electric meter, in case, it had any technical problem and also to send the electricity bill. The concerned SDO, assured him that the O.Ps. would change the electricity meter and also send the electricity bill. The said SDO also told him that due to some technical problem, they have not changed the electric meter and that is why they were not able to send the electricity bill. However, the O.Ps.  without changing the electric meter, sent a bill of Rs.46,020/-, which was wrong and illegal. Since, he was not in a position to deposit the entire amount, therefore, he requested the OPs. to allow him to make the payment of the said amount in installments. The O.Ps. instead of paying any heed to his request, threatened that if he does not deposit the whole amount then his electric connection would be disconnected. Thereafter, the O.Ps. disconnected his electric connection and removed the meter on 9.8.2016. Hence, this complaint.

 

3.                                   On being put to O.Ps. the O.Ps. have filed written version in the shape of affidavit of Sh. Harinderjit Singh Bhangu, Sr. XEN, OPn. Divn. PSPCL, stating there in that the complainant had paid the consumption bills upto 11.6.2014. The Punjab State Power Corporation Limited introduced SAP system for bill purpose. Due to introduction of SAP system, inadvertently, oversightedly and due to technical reasons, H.R. 66 group was allotted to the complainant instead of RT-28 Group. In order to prepare the bill at the spot, the meter reader had taken the reading in routine but the bill was not generated on the spot, whereas, same was available online. Even the bill was not served to the complainant. The N. code bill for 5.11.2014, 31.12.2014 (inadvertently written as 2015), 09.03.2015, 19.5.2015 were prepared on the average basis and on N code basis (reading not taken). The complainant neither paid the said bills nor he approached the O.Ps. for payment. The bills from 29.12.2015 onwards were prepared on the basis of actual consumption. Even the said bills were not paid by the complainant. Complainant consumed the electricity from 11.6.2014 to 4.9.2016, but no payment has been made by him and he is liable to pay a sum of Rs.51,457/- upto 12.7.2016. It is further stated that all necessary adjustments have been made while preparing the bills. The complainant approached this Hon’ble Court and got the injunction order subject to payment of Rs.23,040/-, which he had deposited on 6.9.2016 and the supply of electricity was restored on 23.9.2016 and necessary entry was made in the SAP system. The O.P.s have claimed the actual consumption charges from the complainant for the electricity consumed by him. Rest of the allegations made in the complaint have been denied and stated that there is no deficiency in service on their part.

 

4.                                   On being called upon to do so, the complainant has tendered his affidavit Ex.C1, photocopy of documents Ex.C2 to Ex.C5 and closed the evidence. The learned counsel for the O.Ps. tendered affidavit of Sh. Harinderjit Singh Bhangu, Sr. XEN, OPn. Division, Ropar Ex.OP-1, photocopies of document Ex.OP-2 and closed the evidence.

5.                          We have heard the complainant, learned counsel for the parties and have gone through the record of the file carefully.

6.                          In the written version, the O.Ps. have stated that due to introduction of SAP system for billing purpose, inadvertently H.R. 66 group was allotted to the complainant instead of RT 28 group. It is also stated that meter reader had taken the reading but did not generate on the spot bill for certain period and the bills were not served upon the complainant. During the course of arguments, the complainant has suffered a statement, which has been recorded separately, to the effect that he went to the office of the electricity department and the concerned official told him that up-to 25.1.2017, an amount of Rs.36,270/- is due against him for the consump-[tion of the electricity for account No.3000348155. He is unable to pay the said amount in one go and he be allowed to pay the said amount in six equal monthly installments. It may be stated that the O.Ps. did not send the bills to the complainant regularly for certain period and thereafter sent a consolidated bill of huge amount. By doing so, the O.Ps. have cast burden on the complainant to pay a huge amount in one go. From the statement suffered by the complainant, it is evident that complainant has every intention to pay the electricity charges for the electricity consumed by him and to be consumed by him in future. Taking these facts into consideration, we are of the view that it will be just & proper, if the complainant is allowed to pay the due amount in six equal monthly installments. Accordingly, we dispose of the complaint with directions to the O.ps. to allow the complainant to pay the due amount in six equal monthly installments. The complainant is directed to pay the first installment within 15 days from the date of receipt of certified of this order and shall pay the rest of the installments on or before 10^th day of each month.  

7.                         The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.

 

ANNOUNCED                                                                       (NEENA SANDHU)

Dated 20.01.2017                                                  PRESIDENT

 

 

                                                          (SHAVINDER KAUR)

                                                                                MEMBER.