THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Consumer Complaint No. 651 of 2014

Date of Institution : 10.12.2014

Date of Decision : 11.06.2015

Amrik Singh son of S.Labh Singh resident of House No. 3092, New Kishan Kot, Opp.Sun Sahib Road, Chheharta,Amritsar

...Complainant

Vs.

Punjab State Power Corporation Limited through its Chairman cum Managing Director (CMD) service through SDO Chheharta Sub Division, Amritsar

....Opp.party

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainant :Sh. Paramjit Singh Ladhupura,Advocate

For the opposite party : Sh.Anil Sharma,Advocate

Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &

Sh.Anoop Sharma,Member

Order dictated by :-

Bhupinder Singh, President

1 Present complaint has been filed by Amrik Singh under the provisions of the Consumer Protection Act alleging therein that an electricity connection bearing account No. A26VHI60960N under DS category having sanctioned load of 0.96 KW is installed in the residential premises of the complainant and complainant has been making payments of the electricity bills regularly without committing any default. According to the complainant he has received a bill dated 17.10.2014 raising a demand of Rs. 23760/- for the period from 15.8.2014 to 17.10.2014 showing the consumption of 530 units. After receipt of the bill, complainant approached the opposite party and requested them to apprise him about the excessive and exorbitant bill issued to him or to rectify the same. But the officials of the opposite party told the complainant that some arrears are outstanding against him and the same has been added in the bill and threatened the complainant to disconnect the electric connection in case of non payment of the bill in question. Complainant has alleged that as per law, if there is any arrears outstanding against the consumer , the opposite party is bound to issue a separate notice providing details of the alleged arrears and has no right to add the amount in the current consumption bill. As such the demand raised in the impugned bill is not sustainable and the complainant is ready to pay the actual consumption charges as per units consumed by the complainant as shown in the bill itself. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to withdraw the impugned bill dated 17.10.2014 for Rs. 23760/- or in the alternative the same may be set-aside. Opposite party be also restrained from disconnecting the electric connection. Compensation of Rs. 30000/- alongwith litigation expenses were also demanded.

2. On notice opposite party appeared and filed written version in which it was submitted that during the course of checking by the audit party it was found that from the month of 14.8.2012 to 11.10.2012 average bill of 272 units, from 11.10.2012 to 10.12.2012 average bill of 142 units , from 10.12.2012 to 13.2.2013 average bill of 94 units, from 13.2.2013 to 12.4.2013 average bill of 115 units and from 12.4.2013 to 13.6.2013 average bill of 210 units due to R code were issued to the complainant on average basis. It was submitted that after that MCO dated 10.5.2013 was issued to change the electricity meter of the complainant which was effected on 22.5.2013 . At that time the final reading of the electricity meter was 8100. The electricity meter was declared R code and at that time the reading was 4576 . As such bill of 3524 units (8100 minus 4576) was prepared and the audit party divided these units in five bills i.e. 705 units. The audit party charged the amount for the units consumed by the new meter as 218 units as new meter was installed with initial reading 0001 and the reading of new meter was 219 units. So the total which was to be paid by the complainant was Rs. 18965/-. In this regard a detailed notice vide memo No. 2712 dated 7.8.2014 was issued to the complainant But the complainant did not make the payment and the said amount was added in the electricity bill dated 17.10.2014. It was further submitted that the complainant did not make the payment of electricity consumption charges in the month of 8.2014 i.e. Rs. 1676/- including late payment charges, as such total comes to Rs. 25681/- for the period from 15.8.2014 to 17.10.2014 which also includes the previous unpaid bill and the complainant has not paid the bill for the period from 17.10.2014 to 16.12.2014 and till date Rs. 27649/- including late payment surcharge is still outstanding against the complainant. While denying and controverting other allegations, dismissal of complaint was prayed.

3. Complainant tendered into evidence his affidavit Ex.C-1, copies of electricity bills Ex.C-2 and C-3.

4. Opposite party tendered into evidence affidavit of Sh. Pawan Kumar AE Ex.OP1, copy of half margin Ex.OP2, copy of MCO Ex.OP3, copy of notice Ex.OP4, copy of calculation sheet Ex.OP5, copy of consumption data Ex.OP6.

5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for the parties.

6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties , it is clear that complainant is the consumer of electricity vide account No. A26VHI60960N under DS category with sanctioned load of 0.96 KW. As per complainant's version he has been making payment of all the electricity bills issued by the opposite party regularly without any default. However, complainant received bill dated 17.10.2014 for Rs. 23760/- Ex.C-2 for the period from 15.8.2014 to 17.10.2014 showing consumption of only 530 units. Opposite party has no right to claim any alleged arrears as mentioned in the bill without providing any details thereof to the complainant. The complainant approached the opposite party to correct the bill but the opposite party did not pay any heed to the request of the complainant. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party.

7. Whereas the case of the opposite party is that the meter of the complainant was burnt and was giving R-code, as such the bills from 14.8.2012 to 13.6.2013 i.e. five bi-monthly bills were issued to the complainant on average basis i.e. the meter of the complainant was changed vide MCO dated 10.5.2013 Ex.OP3 and at that time the reading of the removed meter was 8100. Consequently the account of the complainant was over-hauled vide half margin Ex.OP2 and a sum of Rs. 18965/- was found due payable by the complainant after adjusting the amount the complainant has paid to the opposite party against bills issued on average basis i.e. bill of 10/2012, 12/2012, 2/2013, 4/2013 and 6/2013. Notice was issued to the complainant vide memo No. 2712 dated 7.8.2014 Ex.OP4 and the complainant was required to deposit this amount with the opposite party within the stipulated period or to file objections, if any. But the complainant neither deposited the amount nor filed any objections. The complainant has also not paid the bills of 6/2013 and 8/2013, so the accumulated arrears of these bills were also added in the impugned bill dated 17.10.2014 Ex.C-2. Ld.counsel for the opposite party submitted that the opposite party has charged this amount as per rules and regulations of the opposite party, as such there is no deficiency of service on the part of the opposite party qua the complainant.

8. From the entire above discussion, we have come to the conclusion that the meter of the complainant was burnt and was given R-code. Resultantly the electricity consumption bills were issued to the complainant on average basis for the period from 14.8.2012 to 13.6.2013 i.e. five bi-monthly bills. Thereafter the meter of the complainant was changed vide MCO dated 10.5.2013 Ex.OP3 . At that time the reading of the removed meter was 8100, whereas the complainant was charged upto reading of 4576. As such the complainant was to pay for the consumption of balance 3524 units I.e (8100 minus 4576= 3524). Consequently the account of the complainant was overhauled vide half margin Ex.OP2 and a sum of Rs. 18965/- was found due payable by the complainant after adjusting the amount the complainant has already paid to the opposite party against bills issued on average basis i.e. bills for the period from 10/2012 to 6/2013. The complainant was served with notice vide memo No. 2712 dated 7.8.2014 Ex.OP4 in which all the details were given to the complainant and the complainant was required to deposit this amount with the opposite party within the stipulated period mentioned in the notice and the complainant was given liberty to file objections, if any. But the complainant neither deposited the amount nor filed any objections, as such this amount was added in the current consumption bill of the complainant. Not only this complainant has also not paid bills of 6/2013 and 8/2013. So the arrears of those bills alongwith surcharge, were also added in the impugned bill dated 17.10.2014 Ex.C-2. Opposite party has charged this amount from the complainant as per rules and regulations of the opposite party. Consequently we hold that complainant has failed to point out any deficiency of service on the part of the opposite party.

9. Resultantly we hold that complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

10. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

11.06.2015 ( Bhupinder Singh )

President

( Kulwant Kaur Bajwa) (Anoop Sharma)

/R/ Member Member