DISTRICT  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,

                                         PATIALA                                               

                                                                                Consumer Complaint No.443  dt.27/11/2018                                                                                                                                                                    Decided on:       09/10/2020

Kulwant Kaur w/o Mehal Singh R/o Village Alipurwazir Sahib, Tehsil & District  Patiala.

  …...Complainant

Versus

1.       SDO/JE/Assistant/ PSPCL, Sub Division Roharjagir Devigarh, Patiala.

2.       SE. Circle 66KV Colony, Backside Railway Station, Patiala.

3.       The Chairman/ Secretary, The Mall Patiala.

                                                                                                      ….Opposite Parties 

                                    Complaint under Section 11 to 14 of the                                                                                                                                                  Consumer  Protection  Act, 1986.  

QUORUM

                                Sh. Jasjit Singh Bhinder, President                                                                                                                                                           Sh. Vinod Kumar Gulati, Member 

ARGUED BY:

Sh. P. C. Sardana  Adv. counsel for complainant.

                                    Sh. H. S. Dhaliwal Adv. counsel for the OPs.

 ORDER

                                   JASJIT  SINGH  BHINDER,  PRESIDENT

 1.                        Kulwant Kaur complainant  has filed this complaint under Section 11 to 14 of the Consumer Protection Act,  (hereinafter referred to as the Act) against the Opposite Party namely  SDO, PSPCL & Ors. ( hereinafter referred to as the OPs).

2.                Brief facts of the case is that complainant is using the electricity connection bearing A/c No.P26SG281063N regularly and making its payment for the consumed units as per the tariff  bills. It is alleged that complainant had requested the OPs for non functioning of the meter many times. It is further alleged that complainant deposited Rs.520/- vide receipt No.50626/06 dt.11/05/2018 towards Meter replacement charges. OPs issued the bill amounting to Rs.4920/- and Rs.3510/- for the previous two months and were paid. It is further alleged that OP again issued a bill dt.25/10/2018 for Rs.11980/-. On receipt of the said bill, complainant approached the OP for detailed inquiry but no response has been  taken to rectify the same.

                    With this background of facts, the complainant has filed the present complaint with the prayer  to accept the same and for restraining the OPs for executing the present bill in dispute amounting to Rs.11920/- and for compensation to the tune of Rs.20,000/- for harassment and mental agony and Rs.5500/- as litigation charges.

3.                Upon notice, OPs appeared through counsel and filed written version. OPs have taken preliminary objections that complaint is not maintainable, that the complainant has no cause of action to file the present complaint. It is alleged that complainant has not come to the Hon’ble Forum with clean hand and has intentionally concealed the material information. On merits it is admitted that an electric connection bearing A/C No.P26SG281063N has been installed at the residence of the complainant. It is also correct that complainant deposited Rs.520/- on 11/5/2018. It is alleged that the meter of the complainant was got burnt  in the month of May, 2018 and the same was changed on 15/11/2018. It is alleged that as the meter of the complainant was got burnt  in the month of May, 2018 as such the bill for the month of June, 2018 was sent to the complainant on average basis of consumption of previous year i.e. June 2017.  It is submitted that bill for the month of June 2017 was sent for the consumption of 642 units for 60 days and similarly the average bill for the June, 2018 was sent of 589 units for 55 days on the basis of consumption of June, 2017,  It is pertinent to mention that the bill for the month of October, 2017 was sent for the consumption of 1669 units for 66 days and similarly the average bill in question for the month of October, 2018 was sent of 1441 units for 57 days on the basis of consumption of October, 2017. It is denied that issuance of the bills reflects unfair trade and deficiency on the part of the OPs. After denying all other allegations made in the complaint, prayer has been made to dismiss the complaint with costs.

4.                In support of the complaint, Ld. counsel for the complainant tendered in evidence Ex.CA affidavit of the complainant along with documents Ex.C-1 to Ex.C-3 copies of original bills, Ex.C-4  receipt dt.11/5/2018  and closed the evidence.

5.                Ld. Counsel for the OPs has also tendered Ex.OPA affidavit of Ram Singh, SDO along with document Ex.OP-1 copy of  MCO, Ex.OP-2 to Ex.OP-4 copies of ledger, Ex.OP-5 copy of chart showing the consumption and closed the evidence of the Opposite parties.

6.                We have heard the ld. Counsel for the parties and have also gone through the record of the case, carefully.  

7.                Ld. Counsel for the complainant has argued that complainant is using the electric connection bearing A/c No.P26SG281063N and regularly making its payment for the consumed units as per the bills. It is further stated that complainant had requested the OPs of non functioning of the meter many times and as per instructions of the OP, complainant deposited Rs.520/- as charges towards Meter replacement. After that OPs issued the bill amounting to Rs.4920/- and Rs.3510/- for the previous two months which were paid. It is further argued that OPs again issued a bill dt.25/10/2018 for Rs.11980/-. The above consumption of the bill was never consumed by the complainant.  Ld. Counsel for the complainant argued  that OPs issued two bills for Rs.4920/- and Rs.3510/- after the deposit of Rs.520/- for meter replacement charges and even after that OPs have issued the bill dt.25/10/2018 for an amount of Rs.11980/- which is clear cut deficiency of service on the part of the OPs.

8.                On the other hand ld. Counsel for the OPs argued that  complainant has deposited Rs.520/- for change of meter as meter was got burnt in May 2018 and same was changed on 15/11/2018 vide MCO Ex.OP-1. Ld. Counsel further argued that bill was sent on average basis for the consumption of previous years as such the bill for the month of June, 2018 was sent to the complainant on average basis of consumption of previous year i.e. June 2017.  It is further argued that the bill for the month of June 2017 was sent for the consumption of 642 units for 60 days and similarly the average bill for the June, 2018 was sent of 589 units for 55 days on the basis of consumption of June, 2017. It is further argued that the bill for the month of August 2017 was sent for the consumption of 668 units for 64 days and similarly the average bill for the August, 2018 was sent of 720 units for 69 days on the basis of consumption of August, 2017. Ld. Counsel for the OPs further argued that the bill for the month of October, 2017 was sent for the consumption of 1669 units for 66 days and similarly the average bill in question for the month of October, 2018 was sent of 1441 units for 57 days on the basis of consumption of October, 2017. Ld. Counsel stated that the above said bills were sent on average basis, thereafter the meter was changed.

9.                          Kulwant Kaur  complainant has tendered the bill Ex.C-1 dt.23/10/2018 for Rs.11980/-. It is admitted fact that meter was burnt and Rs.520/- was deposited vide receipt Ex.C-4. As per copy of MCO which is on the file was done on 15/5/2018 but the meter was changed on 15/11/2018.  It is admitted  fact that total load is of 1 KW of the electricity connection  in question. As per Ex.OP-2 in the month of  April 2017, the bill of Rs.4300/- was sent . As per Ex.OP-3 which is bill of June 2017 amounting to Rs.4510/-. There is no document on file produced by the OPs which shows that in any of the months since the meter was installed she has received  the bill amounting to Rs.11,980/-. Admittedly when the meter was burnt and amount of Rs.520/- was deposited and then MCO was done on 15/11/2018 which was changed after six months which is a negligence on the part of the OPs in changing the meter.

10.                        Ex.OP-5 is the document of the OPs, where in, in the month of Feb 2018 consumption of  the complainant was shown as 350 units, in the month of  April, 2018 consumption of the complainant was shown as 488 units, in the month of June, 2018 the consumption of the complainant was shown as 589 units, in the month of August, 2018 the consumption of the complainant was shown as 720 units and in the month of October 2018 the consumption of the complainant was shown as 1441 units and in the month of December, 2018 the consumption of  the complainant was shown as 175 units.  In the months of February and April 2018 the consumption of  350 and 488 were consumed  and meter status was shown as OK and in the bills of June, August and October 2018 the meter status is shown as “R”. So there is no document on the file which can show that when the bill in dispute amounting to Rs.11980/- was sent, was consumed by the complainant.

11.                        So in view of the above discussion, the bill for Rs.11980/- was wrongly sent and OPs are directed to send  the bill  taking the consumption on the average of two years from the date the bill in dispute was sent. Complainant shall deposit the bill within 7 days and complaint is allowed  with cost  of Rs.2000/-. Compliance of the order be made by the OPs within a period of 45 days from the date of receipt of the certified copy of this order.  

ANNOUNCED* 

Dated: 09/10/2020    

                                                                                           Vinod Kumar Gulati            Jasjit Singh Bhinder                                                                                                                                                    Member                               President