Complaint No: 21 of 2022.

 Date of Institution: 23.02.2022.

        Date of order: 20.09.2023.

Rajwant Kaur Wife of Sh. Harsharan Singh Bhinder resident of House no. 293/8, Kahnuwan Road, Near railway phatak, Gurdaspur, Tehsil and District Gurdaspur.                                                                                            

                                                                                                                                                                   .....Complainant.

                                                      VERSUS

1.       S.D.O. Punjab State Power Corporation Limited, Sub Division Tibber, Tehsil and District Gurdaspur. Pin Code - 143529.

2.       Punjab State Power Corporation Limited, through its XEN, Gurdaspur, Tehsil and District Gurdaspur. Pin Code - 143521.

3.       Punjab State Power Corporation Limited, The Mall Patiala, through its Managing Director. Pin Code - 147001.

                                                                                                                                     .....Opposite parties

                              Complaint under Amended Consumer Protection Act, 2019.

Present: For the complainant: Sh.Kavi Raj Saini, Advocate.

             For the opposite parties: Sh.M.S.Kaler, Advocate.

Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.

ORDER

Bhagwan Singh Matharu, Member.

          Rajwant Kaur, Complainant (here-in-after referred to as complainant) has filed this complaint under Amended Consumer Protection Act, 2019 (here-in-after referred to as 'Act') against P.S.P.C.Ltd. and others (here-in-after referred to as 'opposite parties).

2.       Briefly stated, the case of the complainant is that the complainant was unemployed and the complainant started her car washing work under the name of Super Shine car wash for her exclusively livelihood by way of self-employment as such the complainant has got installed an Electric Connection for the above mentioned work in their shop bearing Account No. G 47 BF 470681 P and she is regularly making the payment of electricity charges to the OP’s without any default. It is further pleaded that the complainant is hiring the services of the OP’s regularly, thus she is Consumer of the opposite parties. It is further pleaded that nothing is due against the complainant regarding the electricity charges. It was alleged that on 23.04.2021 at about 4:30 PM the electric motor of washing point and some other electric equipment’s of electricity got burnt due to high tension voltage released by the department of opposite parties. It was further alleged that the complainant approached to the office of opposite party No. 1 and requested for checking the supply of the shop as the entire supply has been off at about 4: 45 P.M. on 23.04.2021. It is further pleaded that the officials of the opposite parties came to the spot and thoroughly check the supply and the officials of the opposite parties told the complainant that entire wiring of the shop has also been burnt due to high tension voltage unfortunately released by the department of opposite parties. It was further alleged that the officials of the opposite parties also told the complainant that the electric meter is also been burnt due to that high tension voltage released by their department unfortunately and also told to the complainant that in case the complainant will deposited the Rs.614/-, thereafter the opposite parties can change the burnt meter and wrote the letter to the opposite parties No. 2 and 3 in that event no other extra charges will be demanded by our department as there is no fault of the complainant. It is further pleaded that the complainant on dated 24.04.2021 approached to the office of the opposite parties for depositing Rs.614/- and the officials of the opposite parties told the complainant that the complainant will come on 26.04.2021 i.e. on Monday and then deposited the amount of Rs.614/-, thereafter officials of opposite party No.1 changed the burnt meter. It was further alleged that on 26.04.2021 the complainant again approached the office of opposite party No. 1 and deposited Rs.614/- on 26.04.2021 vide receipt No. 229. It is further pleaded that after some days when the complainant again approached the opposite party No. 1 and requested to change the burnt meter as she is suffering from many days by not changing the burnt meter by the officials of the opposite party No. 1. It is further pleaded that the opposite party No.1 assured the complainant that the burnt meter will be changed within 1-2 days, but no of use. It was further alleged that thereafter the complainant again approached to the opposite party No. 1 and requested the same and opposite party No. 1 put the matter with one pretext or the other. It is further pleaded that after many days the opposite parties changed the electric meter, which is also deficiency in services on the part of the opposite parties. It was further alleged that the opposite parties issued Bill dated 11.08.2021 to the complainant amounting to Rs.23,230/-, and after receiving the above said illegal bill the complainant approached to the opposite party No. 1 and requested to verify the illegal demand of opposite parties under the illegal bill dated 11.8.2021. It is further pleaded that the opposite party No. 1 assured the complainant that the complainant deposited Rs.2500/- out of Rs.23,230/- and thereafter the opposite parties will verify the same and then the opposite parties rectifying the illegal bill as the letter regarding burnt meter due to high tension voltage released by the department has already been send by the opposite party No. 1 and hope that immediately demand will be rectified the department. It is further pleaded that the complainant had deposited with the opposite parties amount of Rs.2500/- vide Receipt dated 01.09.2021. It was further alleged that thereafter the opposite parties have again issued Bill dated 25.10.2021 to the complainant amounting to Rs.25,110/- and again the complainant approached the opposite parties No. 1 and again requested to enquire the matter immediately as the request of the complainant is already pending before the office of opposite parties since the month of August 2021. It is further pleaded that opposite party No. 1 again ordered to the complainant to deposit Rs.4380/- and the same has been deposited by the complainant on 28.10.2021 vide receipt No. 167356866. It is further pleaded that opposite parties fail to inquire the matter in hand as such there is clear cut deficiency on the part of the opposite parties. It was further alleged that the complainant as and when visited the office the opposite party No. 1 and requested to inquire the matter in hand, but the opposite party No.1 always put the matter with one pretext or the other, but all in vain uptill now. It is further pleaded that due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. It is further pleaded that there is a clear cut deficiency of service on the part of the opposite parties.

          On this backdrop of facts, the complainant has alleged deficiency and negligence in service and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to withdraw the impugned oral demand raised by the opposite parties from the complainant in bill dated 11.08.2021 and also direction be issued to  the opposite parties to withdraw their illegal threat to disconnect the electric connection of the complainant. It is further prayed that the opposite parties may also be directed to pay compensation to the tune of Rs.50,000/- for physical harassment and mental agony and be directed to pay compensation and litigation expenses to the complainant on account of mental and physical harassment suffered by the complainant and any other relief may also be granted which this Hon’ble Commission deems fit, in the interest of justice.

3.       Upon notice, the opposite parties appeared through counsel and contested the complaint and filing their written reply, stating therein that the complainant made false story which has no fault on the part of the opposite parties. It was pleaded that the meter of the complainant was changed on the request of the complainant within a reasonable time. It was further pleaded that the load of the complainant has increased from 0.62 K.W to 5.64 K.W on December 2020 and opposite party issued average bill according to revised load from 6/2021 to 8/2021 as per formula of total consumption of previous year before corona period i.e. 2019 divided by old load multiplied by new load i.e. 282/0.62 x 5.64 = 2565 units. It was further pleaded that the bills issued to the complainant is legal and the complainant is bound to pay the electrical bills.

          On merits, the opposite parties denied all the averments of the complaint and there is no deficiency in service on the part of the opposite parties. In the end, the opposite parties prayed for dismissal of complaint with costs.

4.       Learned counsel for the complainant has tendered into evidence affidavits of Rajwant Kaur, (Complainant) as Ex.CW-1/A and Avtar Singh S/o Sh.Balwant Singh as Ex.CW-2/A alongwith other documents as Ex.C-1 to Ex.C-19.

5.       Learned counsel for the opposite parties has tendered into evidence affidavit of Sh.Yashpal Singh, (A.E.E, P.S.P.C.Ltd, Sub - Division Tibber, Gurdaspur) as Ex.OPW-1/A alongwith other documents as Ex.OP-1 to Ex.OP-2.

6.       Rejoinder filed by the complainant.

7.       Written arguments not filed by both the parties.

8.       We have carefully gone through the pleadings of counsels for the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint.

9.       As detailed above the complainant challenged the electricity bill dated 11.08.2021 amounting to Rs.23,230/- which is placed at Ex.C8 issued by opposite parties against her electricity connection bearing A/c No. G 47 BF 470681 P under NRS category.

10.     It was mentioned in the complaint that she is using this electricity connection for car washing shop for earning her livelihood, so as per CPA,-2019 section 7 (ii) (a) the present complaint is taken up before this Commission for adjudication.     

11.     It has been alleged by the complainant that meter of her electricity connection got burnt from 23.04.2021 due to high voltage. It was replaced by opposite parties after deposited of the requisite amount of Rs.614/- as cost of burnt meter as Ex.C2 after many days. It was further alleged by the complainant that she had received a electricity bill dated 11.08.2021 amounting to Rs.23,230/- which is alleged to be illegal. As per Ex.C3, Ex.C4, Ex.C11 and Ex.C12 placed on record by the complainant, she has deposited an amount as part payment of Rs.4380/-, Rs.680/-, Rs.2500/- and Rs.2500/- on various dates. The complainant also placed on record copies of other electricity bills on record at Ex.C5 to Ex.C10 and Ex.C8, Ex.C12.

12.     Opposite parties in their written statement denied all the allegations and stated that the disputed bill was issued by charging the average consumption placed on increase in load proportionate as the complainant has got her load of connection increased from 0.6 KW to 5.64 KW in December, 2020, so the consumption of some months of the previous year was enhanced proportionately and bill of 11.08.2021 was issued for 2565 units for an amount of Rs.22,231/- as per Ex.OP-1. Opposite parties have submitted a consumption detail from 12/2020 to 03/2022 and detail of calculation has also been given on the same sheet.

13.     It is clear from Ex.OP-1 that amount of Rs.20,730/- has been added as arrears of previous year. Further on scrutiny of this evidence it seems that the electricity consumption of this connection varied from 225 units to 535 units only even during the period of enhanced load also but it is very surprising that the arrear amount has been charged for 2565 units i.e. five times more than the normal consumption. Moreover, it has not been justified by the opposite parties even during arguments also.

14.     Counsel for the complainant has also argued that the complainant has never consumed such huge units of electricity in any month even after increase of load.

15.    Hence, we are of the opinion that act of opposite parties to charge such a high units to the tune of 2565 units against normal consumption of 500 units is totally unjustified and uncalled for.

16.     Further more, the opposite parties have not complied to the Electricity Supply Code, 2019, Regulation 30.1.2 which is read as under:-

• “The bill cum notice for arrears in the case of under assessment or the charges levied as a result of checking etc. shall be initially tendered separately and shall not be clubbed with the current electricity bill.”

 Further as per regulation 21.5.2, there is definite procedure laid down to deal with the cases of defective/burnt meter regarding charging of units for overhauling of accounts which read as under "21.5.2. Defective (other than inaccurate)/Dead Stop/Burnt/Stolen Meters

                    The accounts of a consumer shall be overhauled/billed for the period meter remained defective/dead stop and in case   of burnt/stolen meter for the period of direct supply subject to maximum period of six months as per procedure given below:

          a)       On the basis of energy consumption of corresponding period of previous year.

          b)      In case the consumption of corresponding period of the  previous year as referred in para (a) above is not available, the     average monthly consumption of previous six (6) months during which the meter was functional, shall be adopted for overhauling of accounts.

          c)       If neither the consumption of corresponding period of previous year (para-a) nor for the last six months (para-b) is     available then average of the consumption for the period the meter worked correctly during the last 6 months shall be taken for overhauling the account of the consumer.

          d)      Where the consumption for the previous months/period  as referred para (a) to para (c) is not available the consumer  shall be tentatively billed on the basis of consumption assessed as per para -4 of Annexure-8 and subsequently adjusted on the basis of actual consumption recorded in the corresponding period of the succeeding year.

          e)       The energy consumption determined as per para (a) to (d) above shall be adjusted for the change of load/demand, if           any, during the period of overhauling of accounts”.

17.     No separate notice has been issued by the opposite parties to the complainant before charging of this amount in the electricity bill. Hence, opposite parties failed to comply with the above instructions and also to justify the amount charged in the bill which amounts to deficiency in service on the part of the opposite parties. So the arrear amount of Rs.20,730/- charged in disputed bill dated 11.08.2021 is not justified at all.

18.     In view of the aforesaid discussion and facts of the case we partly allow the present complaint and amount of Rs.20,730/- charged as arrear in the bill dated 11.08.2021 is hereby set aside being not recoverable. So OP-1 is directed to rectify the disputed bill accordingly. No order as to costs.

19.     The complaint could not be decided within the stipulated period due to heavy pendency of Cases and vacancies in the office.

20.     Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                          

      (Lalit Mohan Dogra)

                                                                               President  

Announced:                                               (B.S.Matharu)

Sept. 20, 2023                                                   Member

YP