Order by

Sh.Mohinder Singh Brar, Member

1.       The complainant has brought the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that the complainant is permanent resident of Pandori Gate, Dharamkot, Tehsil Dharamkot, District Moga. The complainant has another residential house at Dashmesh Nagar, Moga which the complainant had purchased from Rachpal Singh s/o Bachittar Singh in the year, 2009. One electric connection bearing no.3002674483 is installed in the said residential house which is still in the name of Vendee Rachpal Singh. Since 2009 the complainant is the exclusive owner of said residential house and he is using the said electric connection being its owner. The complainant is the owner in possession of the said residential house where the electricity connection in dispute has been installed by the Opposite Parties. Since, 2009 the complainant has been paying consumption charges regularly and there is nothing due towards the complainant in respect of consumption charges. In the month of July, 2021 the Opposite Parties have issued a bill dated 29.07.2021 regarding the aforesaid electric connection with the consumption charges of Rs.43,660/- to complainant for the consumption of 4658 units for the period 30.05.2021 to 29.07.2021. Further alleged that during this period from 30.05.2021 to 29.07.2021, the house was locked and nobody was residing in the said house. The complainant did not consume any units of electricity during the said period. After came to know about the alleged bill dated 29.07.2021, the complainant immediately approached the office of Opposite Party No.1 and made a written complaint dated 03.08.2021 regarding the alleged bill and made a request to check the electric meter. After checking the meter, Opposite Party No.1 assured the complainant that in future, it will not happen and the complainant will receive the electric bill in future on consumption basis. At that time, Opposite Party No.1 also told the complainant that he has no need to pay the alleged bill dated 29.07.2021. Thereafter, the complainant had been regularly receiving the electricity bills on average basis as the complainant was not using the electricity in the said house. On 20.01.2022 the complainant again received an electric bill dated 20.01.2022 for the period 25.11.2021 to 20.01.2022 and he surprised to know that electric meter had shown the consumption of 248382 units for the period from 25.11.2021 to 20.01.2022 while during the said period, the house of the complainant was locked and he did not consume the electricity as alleged in the bill dated 20.01.2022. The complainant immediately approached the office of Opposite Parties and made a written complaint. On next day i.e. on 21.01.2022, officials of the Opposite Parties checked the electric meter and checking staff surprised to see that the electric meter is running and showing consumption of electricity without using the electricity. For further checking, the checking staff removed the outgoing wires from the electric meter and to their surprise, the electric meter was still running without use of electricity and showing consumption of electricity. In this respect, the checking staff also made their report on the previous complaint dated 03.08.2021. Thereafter, on the report of checking staff, the defaulted electric meter had been changed with new meter and Opposite Party No.1 assured to the complainant that no bill will be issued to the complainant regarding the consumption of alleged units which shown due to the fault of the electric meter. But to the utter surprise of the complainant, the complainant is still receiving the electric bill for the alleged 248382 units which the complainant never used. On 23.09.2022, the complaint again received an alleged bill for the consumption of alleged 248382 units. After receiving the said electric bill dated 23.09.2022, when the complainant approached to Opposite Parties, they replied that after checking the meter in ME Lab, it found to be OK and the complainant has to pay the electric bill. The Opposite Parties had issued the alleged bill no.500143824874 dated 23.09.2022 against the account no.3002674483 and demanded illegal amount of Rs.25,29,210/- from the complainant without any explanation and without consumption of electricity. The complainant several times has raised the objection with the Opposite Parties, but they denied to withdraw the illegal demand of alleged consumption charges. 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.

a)       Opposite Parties may be directed to withdraw the illegal demand of Rs.25,29,210/- made by the Opposite Parties regarding the consumption of alleged 248382 units vide bill no.500143824874 dated 23.09.2022.

b)      To pay an amount of Rs.2,50,000/- as compensation for mental and physical harassment.

c)       To pay an amount of Rs.55,000/- as litigation expenses.

d)      And any other relief which this Commission may deem fit and proper be granted to the complainant in the interest of justice and equity.

2.       Opposite parties appeared through counsel and contested the complaint by filing written reply taking preliminary objections therein inter alia that the present complaint is not maintainable. No cause of action arose to complainant against Opposite Parties. Further averred that electric connection bearing a/c no.3002674483 is an three phase domestic supply connection and its sanctioned load is 07.64 kw. The demand of an amount of Rs.25,29,210/- raised by the Opposite Party No.2 corporation through bill no.500143824874 dated 23.09.2022 is legal, valid and payable by the complainant. The bill no.500143824874 dated 23.09.2022 for Rs.25,29,210/- is a consumption bill for the consumption of electricity units of 248421 w.e.f. 25.11.2021 to 23.01.2022. The old reading of electric units consumed was 41493 units and reading of units for the period from 25.11.2021 to 23.01.2022 was recorded as 289914 units. Thus, during the period from 25.11.2021 to 23.01.2022 the consumption of units came out as (289914-41493) 248421 units. Thus, the bill in dispute is of actual consumption charges of the units consumed for the period 25.11.2021 to 23.01.2022. The complainant had challenged the bill in dispute and complainant deposited meter challenge fee of Rs.710/- on 21.01.2022. Accordingly vide device replacement order no.100016439221 on 23.01.2022 electricity meter and complainant was changed with new meter and old/removed meter was sent to M.E. Lab, Moga for checking, which was checked in ME Lab, Bathinda, vide challan no.74 on 30.03.2022 and old/removed electric meter was found OK by the ME Lab, Bathinda. Complainant again requested for re-checking of this old/removed meter and vide challan no.13 dated 24.06.2022, ME Lab, Bathinda again checked the said old/removed meter and found same is OK i.e. as correct meter having no defect in it. Thus, demand of Rs.25,29,210/- made by the Opposite Parties vide consumption bill no.500143824874 dated 23.09.2022 is legal, valid and is payable by the complainant. On merits, all other allegations made in the complaint are denied and a prayer for dismissal of the complaint is made.

3.       In order to prove his case, the  complainant tendered in evidence his affidavit Ex.C1 along with  copies of documents Ex.C2 to Ex.C25.

4.       To rebut the evidence of complainant, Opposite Parties tendered in evidence the affidavit of Sh.Gurdeep Singh Sidhu, S.D.O., PSPCL, North Moga, Ex.OPs-1 and along with copies of documents Ex.OPs-2 to OPs-10.

5.       We have heard the ld. Counsel for both the parties and have carefully gone through the evidence on record.

6.       The case of the complainant is that he is the owner of the residential house where the electricity connection in dispute has been installed by the Opposite Parties. In the month of July, 2021, the Opposite Parties have issued a bill dated 29.07.2021 regarding the aforesaid electric connection with the consumption charges of Rs.43,660/- to complainant for the consumption of 4658 units for the period 30.05.2021 to 29.07.2021, but during this period, the house was locked and nobody was residing in the said house. The complainant immediately approached the office of Opposite Party No.1 and made a written complaint dated 03.08.2021 regarding the alleged bill and made a request to check the electric meter. After checking the meter, Opposite Party No.1 assured the complainant that in future it will not happen and the complainant will receive the electric bill on consumption basis. However, on 20.01.2022 the complainant again received an electric bill dated 20.01.2022 for the period 25.11.2021 to 20.01.2022 and he surprised to know that electric meter had shown the consumption of 248382 units for the period from 25.11.2021 to 20.01.2022 while during the said period, the house of the complainant was locked. The complainant immediately approached the office of Opposite Parties and made a written complaint. On checking it was found that the electric meter is running without using the electricity and it was also found that after removing the outgoing wires, it was still running without use of electricity and showing consumption of electricity. In this respect, the checking staff also made their report on the previous complaint dated 03.08.2021. Thereafter, the defaulted electric meter had been changed with new meter and Opposite Party No.1 assured to the complainant that no bill will be issued to the complainant regarding the consumption of alleged units which shown due to the fault of the electric meter. But to the utter surprise of the complainant, the complainant is still receiving the electric bill for the alleged 248382 units which the complainant never used. On 23.09.2022, the complaint again received an alleged bill for the consumption of alleged 248382 units. After receiving the said electric bill, the complainant approached to Opposite Parties, they replied that after checking the meter in ME Lab, it found to be OK and the complainant has to pay the electric bill. The Opposite Parties had issued the alleged bill no.500143824874 dated 23.09.2022 against the account no.3002674483 and demanded illegal amount of Rs.25,29,210/- from the complainant.

7.       Ld. Counsel for the Opposite Parties has repelled the aforesaid contentions of ld. Counsel for the complainant on the ground that the bill no.500143824874 dated 23.09.2022 for Rs.25,29,210/- is a consumption bill for the consumption of electricity units of 248421 w.e.f. 25.11.2021 to 23.01.2022. The old reading of electric units consumed was 41493 units and reading of units for the period from 25.11.2021 to 23.01.2022 was recorded as 289914 units. Thus, during the period from 25.11.2021 to 23.01.2022 the consumption of units came out as (289914-41493) 248421 units. Thus, the bill in dispute is of actual consumption charges of the units consumed for the period 25.11.2021 to 23.01.2022. The complainant had challenged the bill in dispute and accordingly vide device replacement order no.100016439221 on 23.01.2022 electricity meter and complainant was changed with new meter and old/removed meter was sent to M.E. Lab, Moga for checking, which was checked in ME Lab, Bathinda, vide challan no.74 on 30.03.2022 and old/removed electric meter was found OK by the ME Lab, Bathinda. Complainant again requested for re-checking of this old/removed meter and vide challan no.13 dated 24.06.2022, ME Lab, Bathinda again checked the said old/removed meter and found same is OK i.e. as correct meter having no defect in it. Hence, the demand of an amount of Rs.25,29,210/- raised by the Opposite Parties through bill no.500143824874 dated 23.09.2022 is legal, valid and payable by the complainant.

8.       We have gone through the documents submitted by the complainant as well Opposite Parties. As per affidavit of Sh.Gurdeep Singh Sidhu, Additional S.D.O, PSPCL North, Moga Ex.OPs1, vide which, he stated that the bill no.500143824874 dated 23.09.2022 for Rs.25,29,210/- is a consumption bill for the consumption of electricity units of 248421 w.e.f 25.11.2021 to 23.01.2022. As per technical aspects a load of 7.4 kw (sanctioned load of complainant) cannot consume 248421 units in 59 days with LT whole current meter of capacity 3 x (10 – 40) ampere. Even technically an Industrial connection having a sanctioned contract demand of of 200 KVA cannot consume 248421 units at 0.9 power factor in 59 days if it runs 24 hours for 59 days. Although meter was checked in ME Lab as per reports Ex.OPs2 & Ex.OPs3 and on checking it was found within limit, but as per Ex.C20 the said meter was checked by Opposite Parties at consumer premises and it was observed by the official of the Opposite Parties that meter is running without load, even after removing the load side wires from the meter, the meter is running.   As per our above discussion, we are of the view that the bill in dispute is not chargeable from the complainant and account of the complainant for the said period i.e. 25.11.2021 to 23.01.2022 should be overhauled with consumption of the correspondence period of previous year.

9.       From the above discussion, we partly allow the complaint of the complainant and the demand of Rs.25,29,210/- raised by the Opposite Parties vide bill dated 23.09.2022 (Ex.C2)  from the Complainant  is set aside.  Opposite Parties are further directed to overhaul the account of the complainant for the period i.e. 25.11.2021 to 23.01.2022 taking the average consumption of corresponding period of previous year. 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. Further Opposite Parties are further directed to pay compository costs of Rs.10,000/-(Rupees Ten Thousand only) as compensation and litigation expenses to the complainant. The compliance of this order be made by the Opposite Parties within 30 days from the date of receipt of copy of this order, failing which, they are further burdened with additional amount of Rs.10,000/-(Rupees Ten Thousand only) to be paid to the complainant for non compliance of the order. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced on Open Commission