PER:
Varinder Pal Singh Saini, Member
1 The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 34, 35 and 36 against the opposite parties on the allegations that the complainant is running a domestic electricity connection at his residence having account No. T62NP172676-A and he had been paying his electricity bills regularly to the opposite parties. The opposite parties demanded Rs. 2843/- from the complainant vide bill of month of May 2018 as arrears of some another connection of different consumer namely Jit Singh so of Munsha Singh resident of village Naushehra Pannuan near Mandir Wali Gali Tarn Taran. Due to undue pressure of disconnection of the electricity supply by the opposite parties the complainant had to deposit the amount of Rs.2843/- to the opposite parties although he was not liable to pay this amount. The complainant approached the opposite party No.1 on 22.06.2018 to get the refund of the above mentioned amount of Rs.2843/- deposited by the complainant as mentioned above as the complainant was not liable to pay this amount which is due towards the above said Jit Singh and moved an application to the opposite party No.1 on 22.06.2018 which was marked by the opposite party No.1 to the RA of the Sub Division Naushehra Pannuan. Taking action over the application dated 22.06.2018, the opposite parties reduced Rs.2686/- from the account of the complainant but did not refunded the amount of Rs.2843/- to him so the complainant again approached the opposite parties to get the refund of this amount but the opposite parties did not refund this amount to the complainant so that the complainant did not pay the subsequent bills to the opposite parties as the request of refunding the above said amount was not accepted by the opposite parties. As the amount had been paid to the opposite parties by the complainant, the complainant owed Rs.2843/- from the opposite parties. The complainant had been pursuing the matter with the opposite parties since June 2018 for rectification of the account of the complainant and getting refund of Rs.2843/- from the opposite parties but nothing has been done by the opposite parties to refund this amount to the complainant. When complainant approached the opposite parties No.2 & 3 for getting justice and for directions to the opposite party No.1 to refund the above mentioned amount but these two parties did not heard the genuine request of the complainant rather these opposite parties No. 2 and 3 supported the stand of the opposite party No. 1. The deduction of the amount of Rs. 2,686/- from the electricity account of the complainant proves that the demand of the arrears of the above Jit Singh was withdrawn by the opposite parties but inspite of it the amount of Rs. 2,843/- deposited by the complainant in lieu of this undue amount was not refunded to him inspute of his serious efforts to get it from the opposite parties. The complainant has prayed the following reliefs:-
- The opposite party may be directed to refund amount of Rs. 2,843/- immediately to the complainant being wrong recovered from the complainant.
- The opposite parties may kindly be directed to pay compensation of Rs. 15,000/- and Rs. 15,000/- as litigation expenses to the complainant.
- Any other relief to which the complainant is found entitled to that may also be granted in his favour under the law and equity.
Alongwith complaint, the complainant has placed on record affidavit of complainant Ex. C-1 alongwith documents i.e. self attested copy of History of account of the complainant Ex. C-2, Self attested copy of Adhar Card Ex. C-3, Self attested copy of complaint to SDO Tarn Taran dated 22.6.2018 Ex. C-4, Self attested copy of complaint to SE PSPCL Tarn Taran Ex. C-5, Electricity Bill ex. C-6, Electricity Bill receipt Ex. C-7.
2 After formal admission of the complaint, notice was issued to Opposite Parties and Opposite Parties appeared through counsel and filed written version contesting the complaint by alleging that the present complaint is not maintainable in the eyes of law and the same is merely an abuse of process of law. The opposite parties have already refunded an amount of Rs.2686/- as per bill No.000519 dated 22.11.2019 out of total amount of Rs.2843/- as per bill dated 13.05.2018 to the complainant and remaining amount of Rs.157/- is due towards the opposite parties and the opposite parties will adjust the above said amount of Rs.157/- in upcoming bills. The present complaint has been filed by the complainant just in order to harass the opposite parties as such the present complaint filed by the complainant is liable to be dismissed on this ground. The complainant has got no cause of action to file the present compliant against the opposite parties. The complainant has got no locus standi to file the present compliant against the opposite parties. The present complaint has been filed by the complainant just in order to extort some money from the opposite parties. The opposite parties have denied the other contents of the complaint and prayed for dismissal of the same. Alongwith the written version, the opposite parties have placed on record affidavit Jagdeep Singh SDO Ex. OP-1 alongwith documents i.e. attested copy of Bill dated 13.5.2018 Ex. OP-2, Attested copy of Bill dated 22.11.2019 Ex. OP-3.
3 We have heard the complainant and Ld. counsel for the opposite parties and have carefully gone through the record.
4 The complainant contended that he is running a domestic electricity connection at his residence having account No. T62NP172676-A and he had been paying his electricity bills regularly to the opposite parties. The opposite parties demanded Rs. 2843/- from the complainant vide bill of month of May 2018 as arrears of some another connection of different consumer namely Jit Singh so of Munsha Singh resident of village Naushehra Pannuan near Mandir Wali Gali Tarn Taran. He further contended that due to undue pressure of disconnection of the electricity supply by the opposite parties the complainant had to deposit the amount of Rs.2843/- to the opposite parties although he was not liable to pay this amount. The complainant approached the opposite party No.1 on 22.06.2018 to get the refund of the above mentioned amount of Rs.2843/- deposited by the complainant as mentioned above as the complainant was not liable to pay this amount which is due towards the above said Jit Singh and moved an application to the opposite party No.1 on 22.06.2018 Ex. C-4 which was marked by the opposite party No.1 to the RA of the Sub Division Naushehra Pannuan. Taking action over the application dated 22.06.2018, the opposite parties reduced Rs.2686/- from the account of the complainant but did not refunded the amount of Rs.2843/- to him so the complainant again approached the opposite parties to get the refund of this amount but the opposite parties did not refund this amount to the complainant so that the complainant did not pay the subsequent bills to the opposite parties as the request of refunding the above said amount was not accepted by the opposite parties. He further contended that the amount had been paid to the opposite parties by the complainant, the complainant owed Rs.2843/- from the opposite parties. He further contended that the complainant had been pursuing the matter with the opposite parties since June 2018 for rectification of the account of the complainant and getting refund of Rs.2843/- from the opposite parties but nothing has been done by the opposite parties to refund this amount to the complainant. When complainant approached the opposite parties No.2 & 3 for getting justice and for directions to the opposite party No.1 to refund the above mentioned amount but these two parties did not heard the genuine request of the complainant rather these opposite parties No. 2 and 3 supported the stand of the opposite party No. 1. He further contended that the deduction of the amount of Rs. 2,686/- from the electricity account of the complainant proves that the demand of the arrears of the above Jit Singh was withdrawn by the opposite parties but inspite of it the amount of Rs. 2,843/- deposited by the complainant in lieu of this undue amount was not refunded to him inspute of his serious efforts to get it from the opposite parties and prayed that the present complaint be allowed.
5 On the other hands, Ld. counsel for the opposite party contended that the present complaint is not maintainable in the eyes of law and the same is merely an abuse of process of law. The opposite parties have already refunded an amount of Rs.2686/- as per bill No.000519 dated 22.11.2019 out of total amount of Rs.2843/- as per bill dated 13.05.2018 to the complainant and remaining amount of Rs.157/- is due towards the opposite parties. He further contended that the opposite parties will adjust the above said amount of Rs.157/- in upcoming bills. The present complaint has been filed by the complainant just in order to harass the opposite parties as such the present complaint filed by the complainant is liable to be dismissed on this ground. He further contended that the complainant has got no cause of action to file the present compliant against the opposite parties. The complainant has got no locus standi to file the present compliant against the opposite parties. The present complaint has been filed by the complainant just in order to extort some money from the opposite parties and prayed that the present complaint may be dismissed.
6 We have gone through the rival contention of the parties.
7 In the present case it is not disputed that the complainant is consumer of the opposite parties (PSPCL). It is also not disputed between the parties that an amount of Rs. 2843 have been wrong debited in his account. It is also not disputed that an amount of Rs. 2686/- has been adjusted in his account by the opposite party (PSPCL).
8 The main dispute in the present case is that the complainant has deposited Rs. 3907/- in the month of June, 2018 which included disputed amount Rs. 2843/- plus his current bill. PSPCL in the month of November 2019 refunded/adjusted Rs. 2,686/- in the account of complainant which is quite clear from statement Ex. C-2 and OP1 to 3/3. Now perusal of record shows that the opposite parties have not refunded the balance amount of Rs. 157/- ( i.e. difference of adjusted amount 2843-2686). Moreover, PSPCL admitted in their written version that balance amount of Rs. 157/- will be adjusted in the next bills of the complainant. It is an established law that when the party has made some admission then it needs not to prove. Perusal of record shows that amount of Rs. 157/- is due towards the opposite parties since November 2019 which has not been paid / adjusted in the account of complainant till date. By not adjusting the above said meager amount, the opposite party (PSPCL) has forced the complainant to knock the door of this commission and due to the act and conduct of the opposite parties the complainant who is senior citizen of India and is an old aged person of 70 years has been harassed by PSPCL. Moreover, the circumstances mentioned above and while debiting wrong amount of Rs. 2843/- in the account of complainant which has later on refunded/adjusted in the account of complainant also tantamount to deficiency in service and unfair trade practice.
9 In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant. The opposite Parties are directed to refund/adjusted the amount of Rs. 157/- in the account of complainant. The complainant has been harassed by the opposite parties unnecessarily for a long time. The complainant is also entitled to Rs. 2,000/- as compensation on account of harassment and mental agony and Rs 1,500/- as litigation expenses from the opposite parties. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission and due to COVID-19. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in the Open Commission
24.8.2023
