Complaint No: 97 of 2023.

  Date of Institution: 11.05.2023.

            Date of order:21.03.2024.

Ashutosh Son of Sh. Sukhdev Raj Sharma, resident of House No. 354/4, Lane No. 2, Ram Sharnam Colony, Gurdaspur. Pin Code – 143521. Mobile No. 84275 – 35321. 

                                                                                                                                                                               .....Complainant.                     

                                               VERSUS

1.       Punjab State Power Corporation Limited, Sub Division City Gurdaspur, Punjab, through its S.D.O. Pin Code – 143521.

2.       Punjab State Power Corporation Limited, through its S.E. Gurdaspur, Punjab. Pin Code – 143521. 

3.       Punjab State Power Corporation Limited, The Mall, Patiala, through its Chairman. Pin Code – 147001. 

                                                                                                                                                         .....Opposite parties.                                                                                                                                                                                    

                                                       Complaint under Consumer Protection Act, 2019. 

Present: For the Complainant: Sh.K.S. Walia, Advocate.

              For the Opposite Parties: Sh.Pranav Sharma, Advocate.

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

ORDER

Bhagwan Singh Matharu, Member.

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

2.       Briefly stated, the case of the complainant is that the complainant is consumer of the opposite parties vide electricity connection Account No. 3000270048 installed at first floor of his house and is availing the services of the opposite parties since its inception for a connected load of 2.00 K.W. It was pleaded that the complainant and his family including his wife and two children are living at the ground floor of the house and the portion at the first floor is vacant for the last 2 years and is not in use. The complainant has been receiving bills from the opposite parties ranging from Rs.150/- to Rs.250/- which the complainant has been paying through online mode of payment. It was further pleaded that the complainant received the exaggerated bill of Rs.1,52,750/- on dated 01.09.2020 which was illegal, arbitrary, null and void because the complainant never use such consumption in the past as was evident from the past bills issued by the opposite parties. The portion of the house for which impugned bill was issued is lying unused. The complainant filed a complaint titled above in this Hon'ble Commission on dated 16.02.2021, requesting to set-aside the illegal bill. This Hon'ble Commission vide order dated 19.02.2021 restrained the opposite parties from disconnecting the electricity connection of the complainant till the pendency of the complaint subject to deposit of 25% of the disputed amount as security with the opposite parties and recovery remaining amount was stayed. The complainant deposited the said amount of Rs.38,188/- on dated 23.02.2021 with the opposite parties as per the order of this Hon'ble Commission. It was further pleaded that during the pendency of the complaint, Punjab Government waived off whole amount in dispute of Rs.1,49,101/- of the complainant. Mrs. Shivani Mahajan (R.A) of the opposite parties alongwith counsel appeared in the Hon’ble Commission and made statement that the amount of Rs.1,49,101/- due against the complainant has been waived off and there is no outstanding balance is against him. The present complaint was dismissed as withdrawn with permission to file a fresh complaint to recover the above said deposited amount of Rs.38,188/-. It was further pleaded that the security deposit of Rs.38,188/- was deposited as 25% of total disputed amount and now when whole amount of Rs.1,49,101/- of the complainant has been waived off, there is no reason to withheld the said amount. The said amount is liable to be refunded to the complainant. It was further pleaded that the complainant on dated 06.02.2023 submitted an application to the opposite party No. 1 for refund of Rs.38,188/-. In reply thereof the opposite party No. 1 informed that whole balance amount of Rs.1,49,101/- of the complainant has been waived off and the amount of Rs.38,188/- is lying deposited as security deposit as per the order of the Hon'ble Commission. As whole amount of Rs.1,49,101/- is waived off as per record of their office. Therefore, the amount of Rs.38,188/- which was deposited as per the order of this Hon'ble Commission will be refunded only as per the order of the Hon’ble Commission. It was further pleaded that the amount of Rs.38,188/- deposited as security deposit as per the order of this Hon'ble Commission is liable to be refunded to the complainant alongwith the interest. The opposite parties are bound to refund alongwith interest. The complainant requested the opposite parties to refund the amount of Rs.38,188/- lying deposited with them as security deposit alongwith interest, but they are not adhering to the requests of the complainant and delaying the refund which is illegal, unjustified, therefore the present complaint is being filed. 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. So, there is a clear cut deficiency in 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 accept the present complaint filed by the complainant and the amount of Rs,38,188/- deposited by the complainant with the opposite parties as per order of this Hon'ble Commission as security deposit may be ordered to be refunded to the complainant alongwith interest as whole disputed amount of electricity bills of the complainant has been waived off. 

3.       Upon notice, the opposite parties appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the present complaint filed by the complainant is not maintainable in the present form. It was pleaded that the present complaint on alleged assertions as maintained by the complainant is also not maintainable as there is no question of any refund for the amount of Rs.38,188/- deposited by the complainant to the answering opposite parties / PSPCL towards of Rs.38,188/- electricity charges paid by the complainant prior scheme if any vide Commercial Circular No. 21/2022 dated 03.08.2022 cannot be refunded back.  It was further pleaded that it is category made clear any amount deposited by the complainant towards the electricity charges cannot be refunded back in any case as after depositing the charges to the answering opposite parties / PSPCL one cannot turn around and claim refund of the payment earlier made to the answering opposite parties / PSPCL. It was further pleaded that as such the complainant claiming refund of amount of Rs.38,188/- deposited to the answering opposite parties / PSPCL on dated 23.02.2021 prior to the Circular mentioned above is not sustainable in the eyes of law, since any of payment made to the answering opposite parties / PSPCL is non-refundable even logically also as when the complaint was filed the Commercial Circular No. 21/2022 dated 03.08.2022 was non-exist, thus the present complaint of the complainant is not maintainable and no benefit granted to the complainant and same is liable to be dismissed. It was further pleaded that the act and conduct of the officials are protected under the provisions of The Indian Electricity Act, 2003. So, there is no deficiency in service on the part of the answering opposite parties and the present complaint of the complainant is liable to be dismissed.   

          On merits, the opposite parties have reiterated their stand as taken in legal objections and 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 placed on file Self-Declaration of Ashutosh, (Complainant) as Ex.CW-1 alongwith other documents as Ex.C-1 to Ex.C-4 alongwith complaint.   

5.       Learned counsel for the opposite parties has placed on file document as Ex.OP-1 alongwith reply. 

6.       Rejoinder not 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 enumerated above and stated in the complaint by the complainant the present complaint has been filed in persuasion of the previous complaint filed by the same complainant vide C.C.No.53 of 2021 which was dismissed as withdrawn vide order dated 19.01.2023. Factually there was dispute of electricity bill amounting to Rs.1,52,520/- and out of which Rs.1,49,101/- was waived off by the opposite parties and thereafter the complaint was withdrawn by the complainant.

10.     Now the complainant has filed the present complaint to get waival of the amount of remaining Rs.38188/- deposited by him during the pendency of the previous complaint for restraining the opposite parties to disconnect the connection.

11.     Opposite parties in their written reply stated that previously the amount of Rs.1,49,101/-was waived off as per Govt. policy  issued vide C.C. No.21/2022, the copy of which is placed at Ex.OP-1, which is read as under:-

          "As per department of power, GoP Office Memo   No.2/2022/2016-EB/469 dated 13.07.2022, council of   minister, Govt. of Punjab in its meeting held on 06.07.2022    has decided to waive off the pending arrears as on     31.12.2021 and not paid upto 30.06.2022 of electricity bill  of all domestic consumers running/disconnected, using electricity for residential purposes only".

          The Ld. counsel for the opposite parties further argued that the amount of Rs.38188/- was deposited by the complainant in 2/2021, hence as per above referred policy it does not fall under the ambit of this policy for waival of the amount. Moreover, this amount was deposited by the complainant for restraining the opposite parties to disconnect the connection.

12.     From the perusal of case we see that it is a matter of fact that previously the main complaint C.C. No.53/2021 filed by the complainant on the same cause of action, was not decided by this Commission on merit but it was withdrawn by the complainant as the major amount from the disputed bill was waived off by the opposite parties. So, as per policy referred above by the opposite parties the amount deposited before 06/2022 cannot be waived off. Further, it is also the fact that this amount was deposited by the complainant to get the benefit so that his electric connection is not disconnected. Hence, we are of the considered opinion that as this amount cannot be waived off under the said policy. So, we find no reason to waive off the said amount of Rs.38188/-.

13.     Accordingly, the present complaint being without merit is ordered to be dismissed with no order as to costs.

14.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.  

                               (Lalit Mohan Dogra)

                                                                         President

Announced:                                          (B.S.Matharu)

March 21, 2024                                             Member

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