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 residence having account No. T62NP14305-Y and he had been paying his electricity bills regularly to the opposite parties. The opposite parties demanded Rs. 4,740/- and Rs.10,804/- from the complainant vide bills of months of October 2021 and December 2021 respectively without giving any details of these amounts to the complainant. The opposite parties stopped the subsidy of the complainant who is eligible being of S.C. Community as per the policy of the Punjab Government and started charging from the complainant as per the ordinary consumers as no ground of stopping this subsidy was there with the opposite parties. The complainant approached the opposite party No.1 and requested him to withdraw the demand of the above said amounts from the above mentioned bills as the complainant was not liable to pay these amount and also to start giving subsidy to the complainant being belonging to SC Community but the opposite parties did not heard the genuine request of the complainant and told him to deposit the above mentioned amounts immediately otherwise the supply of the electricity of the complainant will be disconnected so that the complainant asked the opposite party No.1 to give the details of amount said amount to him but no response has been given by the opposite party No.1 and the complainant also moved an application on 28.12.2021 to the opposite party No.1 to reassess the load of electricity of his account and as such the application was marked to JE Concerned who sent Major Singh and Kabal Singh lineman to assess the load of the complainant and as per the report of these two officials the load was found to be very less as alleged by the opposite parties but inspite of these reports neither the load of the complainant was reduced nor the opposite parties withdrew the demand of above mentioned amount of Rs.4740/- and 10,804/- from the complainant. The opposite parties No.2 & 3 did not heard the genuine request of the complainant and as the complainant requested these parties to direct the opposite party No.1 to withdraw the demand of the above mentioned amounts from the complainant but these two parties also supported the stand of the opposite party No.1 without any merits. Moreover, no heed was given by all the above mentioned parties to include the complainant in the subsidy case being belonging to the SC Community as this was the right of the complainant being from such community and the opposite parties continued to demand the bills on ordinary rates from the complainant without giving benefits to him of the concession and subsidy being from SC Community as per the policy of the Punjab Govt. The complainant has prayed the following reliefs:-
- The opposite parties may kindly be directed to withdrew the demand of Rs. 4,740/- and Rs. 10,804/- from the complainant made in bills of the months of October 2021 respectively.
- The opposite parties may kindly be directed to give concession and subsidy in the rate of electricity to the complainant, he being belonging to SC Community as per the Policy of Punjab Govt.
- 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 the complaint, the complainant has placed on record affidavit of complainant Ex. C-1, 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 dated 28.12.2021 Ex. C-4, Self attested copy of complaint dated 11.7.2022 Ex. C-5, Electricity Bill Ex. C-6.
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. During the checking of the opposite party NO.1 on 05.02.2021, the load of 2.04 KW was detected and record in the LCR report No.39/2011 dated 05.02.2021. The fine of the unauthorized load i.e. 2.04 KW was calculated as per law is Rs.4740/-. As per ESMI 2018 [144.5], it is clearly mentioned that W.S.D. concession is not admissible to the consumer even after reduction of load. If the connected load is more than 1 KW, the question of giving subsidy does not arise in any manner as per the rules of the opposite parties. The present complaint has been filed by the complainant just to harass the opposite parties as such the same is liable to be dismissed with costs. As per report of Assistant Audit Officer of the opposite party dated 10.09.2021, a sum of Rs.6,064/- vide bill dated 11.12.2021 and Rs.4,740/- [as per LCR report] was charged by the complainant. A total sum of Rs.10,804/- of the above said bill dated 11.12.2021 is due towards the complainant. 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 complaint against the opposite parties. The opposite parties have denied the other contents of the complaint and prayed for dismissal of the same. 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 of Jagdeep Singh Ex. OP-1, attested copy of LCR Report dated 5.2.2021 Ex. OP-2, attested copy of Bill dated 11.12.2021 Ex. OP-3, Attested copy of Assistant Audit officer of PSPCL Ex. OP-4
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 the complainant is running a domestic electricity connection at residence having account No. T62NP14305-Y and he had been paying his electricity bills regularly to the opposite parties. He further contended that the opposite parties demanded Rs. 4,740/- and Rs.10,804/- from the complainant vide bills of months of October 2021 and December 2021 respectively without giving any details of these amounts to the complainant. The opposite parties stopped the subsidy of the complainant who is eligible being of S.C. Community as per the policy of the Punjab Government and started charging from the complainant as per the ordinary consumers as no ground of stopping this subsidy was there with the opposite parties. He further contended that the complainant approached the opposite party No.1 and requested him to withdraw the demand of the above said amounts from the above mentioned bills as the complainant was not liable to pay these amount and also to start giving subsidy to the complainant being belonging to SC Community but the opposite parties did not heard the genuine request of the complainant and told him to deposit the above mentioned amounts immediately otherwise the supply of the electricity of the complainant will be disconnected so that the complainant asked the opposite party No.1 to give the details of amount said amount to him but no response has been given by the opposite party No.1 and the complainant also moved an application on 28.12.2021 to the opposite party No.1 to reassess the load of electricity of his account and as such the application was marked to JE Concerned who sent Major Singh and Kabal Singh lineman to assess the load of the complainant and as per the report of these two officials the load was found to be very less as alleged by the opposite parties but inspite of these reports neither the load of the complainant was reduced nor the opposite parties withdrew the demand of above mentioned amount of Rs.4740/- and 10,804/- from the complainant. The opposite parties No.2 & 3 did not heard the genuine request of the complainant and as the complainant requested these parties to direct the opposite party No.1 to withdraw the demand of the above mentioned amounts from the complainant but these two parties also supported the stand of the opposite party No.1 without any merits. He further contended that no heed was given by all the above mentioned parties to include the complainant in the subsidy case being belonging to the SC Community as this was the right of the complainant being from such community and the opposite parties continued to demand the bills on ordinary rates from the complainant without giving benefits to him of the concession and subsidy being from SC Community as per the policy of the Punjab Govt and prayed that the present complaint may be dismissed.
5 We have considered the rival contents of the parties.
6 It is not disputed in the present complaint that the complainant is domestic consumer of the opposite party (PSPCL). It is also not disputed that the complainant belongs to SC category. The main dispute in the present case is that whether the complainant is entitled to the subsidy under SC Community or not. The complainant was enjoying the said subsidy as per Punjab Govt. rules. But according to opposite party, on 5.2.2021 during the checking of the opposite party No. 1 the load of 2.04 KW was detected and report is Ex. OP1 to 3/2 on record. According to opposite parties, the load of the complainant is exceeded from 1 KW therefore, he is not entitled to the subsidy under SC Category. The opposite party has placed on record document Ex. OP1 to 3/4 and the relevant rule 144.5 is as follows:-
“The concession shall not be admissible to that consumer whose present load is more than 1000 watts even if he applied for reduction of load to avail this facility”
The complainant has pleaded in his complaint that load has been reduced as per the report of lineman Kabal Singh and Major Singh but the report of said Kabal Singh and Major Singh is not admissible because the complainant has not placed on record any affidavit of said persons namely Kabal Singh and Major Singh to rebut the load of 2.04 KW. The opposite party has validly removed the subsidy attached to the complainant under SC Category as per ibid rules. The opposite party has failed to establish any deficiency in service and unfair trade practice on the part of the opposite party. Consequently, the complainant is liable to the amount claimed by the opposite parties from him.
7 In view of the above discussion, we do not find any merit in the complaint and the same is hereby dismissed. The parties are left to bear their own costs. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission.
24.8.2023
