| ORDER | District Consumer Disputes Redressal Forum, Tarn Taran. Consumer Complaint No : 84 of 2014 Date of Institution : 09-12-2014 Date of Decision: 07-05-2015 Amarjit Singh son of Amrik Singh, resident of Village; Thakarpura, Tehsil: Patti, District Tarn Taran. …Complainant Versus - Sr.XEN, Punjab State Power Corporation Limited, Sub Urban Division, Patti.
- S.D.O. Punjab State Power Corporation Limited, Sub Division, Patti.
…Opposite Parties Complaint Under Section 12 & 13 Consumer Protection Act, 1986. For the Complainant : Sh.Bikram Arora, Advocate For Opposite Parties : Sh. A.K.Sharma, Advocate Quorum: Sh. S.K. Goel, President. Sh. R.D. Sharma, Member. Smt.Jaswinder Kaur Dolly, Member Order dictated by Sh. S.K.Goel, President - Sh.Amarjit Singh son of Amrik Singh, complainant has filed the present complaint under Section 12 & 13 of the Consumer Protection Act (for short ‘the Act’) against Sr.XEN, Punjab State Power Corporation Limited, Sub Urban Division, Patti (for short ‘opposite parties’).
- Facts emerging from the complaint are that complainant as alleged belongs to Scheduled Caste and he deposited security of Rs.1390/- on 3.10.2011 vide receipt No.D73474 with the opposite parties and the opposite parties installed electricity connection to the complainant bearing meter No.2028043 outside his premises at village: Thakarpura, Tehsil: Patti, District Tarn Taran. It is further pleaded that the complainant attached his Scheduled Caste certificate at the time of applying for the said electricity connection. Therefore, the complainant who belonging to Scheduled Caste category is exempted from paying electricity consumption charges upto 200 units monthly as per rules of PSPCL. It is further pleaded that no amount is due against the complainant. Moreover, no electricity bill was ever issued to the complainant till date. Even when the complainant made enquiry, then the officials of the opposite parties told that the complainant is getting concession of 200 units of electricity per month and no bill was due against him and due to this, the opposite parties have not issued any bill. It is further pleaded that on 15.7.2014 the complainant gave an application before opposite parties requesting exemption of 200 units per month and also stating that no bill was issued till date. On that application, the opposite parties wrote meter number i.e. 2028043 and further assured that he would receive the bill shortly. Again on 4.8.2014 the complainant sent an application through registered post to the opposite parties. However, no bill was ever sent by the opposite parties to the complainant. The complainant has alleged that said meter which was installed outside his premises, was also removed by the opposite parties on 20.8.2014 without any notice. Even the opposite parties neither sent any notice nor installed any other meter. It is also alleged that the disputed connection was never inspected by the opposite parties nor any checking report was produced or proved. It is also alleged that when the complainant enquired the matter from the opposite parties, they told that they imposed Rs.16,000/- as fine. Thereafter, the complainant approached the opposite parties many times requesting them to withdraw said amount and also install the meter, but the opposite parties lingered on the matter with one pretext or the other and have finally refused to accept his genuine request and further opposite parties threatened to recover said illegal amount forcibly. It is also alleged that the opposite parties are guilty of fault and deficiency in service. Hence the present complaint is filed for setting aside the impugned demand and further directions be issued to the opposite parties to update the official record and also to install the electricity meter. The complainant further prayed to pay Rs.10000/- as litigation charges and Rs.10,000/- as compensation on account of mental & physical harassment.
- Upon notice, the opposite parties appeared and filed joint written version taking preliminary objections on the ground of maintainability, suppression of material facts, cause of action and having no jurisdiction. On merits, the opposite parties pleaded that the complainant is not the Scheduled Caste person as he has not furnished Scheduled Caste certificate to the opposite parties. It is also denied that the opposite parties ever assured the complainant that he is getting concession of electricity per month. It is also denied that on 15.7.2014 the complainant gave an application before SDO as alleged. It is also denied that on the said application, the opposite parties wrote down the meter number i.e. 2028043. It is also denied that on 4.8.2014 the complainant again sent an application as alleged. Opposite parties also denied that the meter alleged to be installed outside the premises of the complainant was removed by the opposite parties on 20.8.2014 without any intimation. It is also denied that the opposite parties did not send any notice as alleged in this regard. However, they alleged that the demand of the opposite parties is legal and genuine. It is also alleged that as per the rules and regulations, if the consumer does not pay the consumption charges, then the opposite parties are at liberty to disconnect his connection. It is prayed that the complaint is liable to be dismissed being not maintainable.
- In order to support his case, the complainant has tendered in to evidence his affidavit Ex.C1, copy of postal receipt Ex.C2, copy of receipt dated 3.10.2011 for Rs. 1390/- Ex.C3, copy of Scheduled Caste certificate Ex.C4, copies of applications Ex.C5 and Ex.C6 and closed his evidence.
- To rebut the case of the complainant, the opposite parties tendered into evidence affidavit of Sh.Jagdeep Singh SDO Ex.OPs/1 and closed the evidence.
- We have heard the arguments of learned counsel for both the parties and have gone through the record on the file.
- The case of the complainant is that he belongs to Scheduled Caste category and he got electricity connection bearing meter No.2028043 by depositing security of Rs.1390/- on 3.10.2011 vide receipt No.D73474 Ex.C3 with the opposite parties. So, being member of the Scheduled Caste category, he is entitled to concession of 200 units per month and therefore no bill was issued by the opposite parties to the complainant as the consumption was less than 200 units per month. However, the opposite parties in the garb of demand of Rs.16,000/- have threatened the complainant to disconnect the electricity connection and by doing so, the complainant would suffer an irreparable loss as the electricity is the basic necessity of life. Therefore, the complainant has prayed that the demand of Rs.16,000/- be set aside and the complainant is entitled to use the electricity connection without any interruption. On the other hand, the case of the opposite parties is that the complainant is not belonging to Scheduled Caste category and therefore, he is not entitled to any concession. Moreover, the complainant has failed to pay the electricity bills and opposite parties are competent to disconnect the electricity connection as per rules.
- The first controversy is whether the complainant belongs to Scheduled Caste category. In his support, the complainant has placed on record the copy of certificate of Scheduled Caste Ex.C4 in his favour issued by competent authority of Punjab Government. On the other hand, the opposite parties have not placed any document or led any evidence to rebut this document. In view the supra certificate of Scheduled Caste Ex.C4, this point is decided in favour of the complainant.
- Now coming to the second aspect of the proposition, the complainant has alleged that no bill has been sent to him by the opposite parties despite oral as well as written requests. Copy of letter Ex.C5 shows that Amarjit Singh complainant has written to Executive Engineer of opposite parties indicating that he is entitled to concession of 200 units per month as he belongs to Scheduled Caste category and moreover, no bill has been sent by the opposite parties to him. On the left side of this letter, the meter No.2028043 has been mentioned by the officials of the opposite parties. Ex.C6 is another letter written by the complainant to Executive Engineer of opposite parties requesting them to issue the consumption bills. Moreover, no bill has been placed on the record by the opposite parties despite the fact that they are the issuing authority and have the custody of these electricity bills. Once the complainant has taken the specific plea that no bill has been issued by the opposite parties, then it was the duty of the opposite parties to place on record the bills based upon actual consumption showing details of the consumption etc. Since the opposite parties have failed to place on record any bill or detail of consumption charges, therefore, adverse inference can be taken against them. Moreover, in his affidavit Ex.OPs/1, Sh.Jagdeep Singh SDO has specifically stated that the complainant has been consuming the electricity and he is bound to pay the bill as per Sales Regulation of Punjab State Power Corporation Limited.
- In view of the above discussion, the present complaint is disposed of in the following terms. The opposite parties are restrained from raising the impugned bill, if any from the complainant, forcibly and illegally. Since the complainant is belonging to Scheduled Caste category, therefore, he is entitled to the concession of consumption of units as per rules of PSPCL. However, at the same time, the opposite parties are directed to issue the bill to the complainant based upon the actual consumption and the complainant be given the benefit of concession of units as discussed above. If still there is any amount due against the complainant i.e. after giving concession, then the complainant is liable to pay the same. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copy of the order be given to the parties free of cost and thereafter the file be consigned to the record room.
Announced in open. Sd/- Dated:07.05.2015. President Sd/- Sd/- Member Member | |
