Complainant Balwinder Singh has filed the present complaint against the opposite party U/S 12 of the Consumer Protection (for short, C.P. Act.) and prayed that the illegal amount challenged in the complaint may kindly be write off and the connection granted in the previous complaint may also be remained continue till the decision of the complaint because the previous order of this Forum has been obliged.

2.       The case of the complainant in brief is that he was having electric connection account no.KL831300 since 22.04.2015 and he was paying the electricity bills without any hesitation which were imposed by the opposite parties upon him from time to time. It was pleaded that on 20.01.2017 Assistant Executive Engineer (Distributor) of the opposite party and Additional Superintendent Engineer (Enforcement) Batala imposed Rs.40,480/- vide Memo No.164 dated 20.01.2017 while raiding/inspect the connection of the complainant as cost of the wire illegally and in revengeful nature since 22.04.2015 when connection in question was granted which was already paid by the complainant. It was further pleaded that regarding this illegal act of the opposite parties complaint was filed which was withdrawn on 08.05.2017 on the fault of technical ground and Ld. Forum ordered of paying one 1/4th fine that was paid and the electric connection was restored. It was also pleaded that cause of action or filing the present complaint arose on 08.05.2017 when the previous complaint was withdrawn, hence this complaint.

3.       Notice was issued to the opposite parties who appeared through their counsel and filed their written reply by taking the preliminary objections that complainant is not maintainable, there is no any deficiency on the part of opposite parties and complainant has not come to the Hon'ble Forum with clean hands. On merits, it was submitted that on 28.12.2016, the enforcement staff Batala checked the premises of the complainant vide enforcement checking report no.96/2264 and found that the PVC wire of the electric connection was 276 metres whereas upto 100 metres was permissible but if it was more than 100 meters the complainant was liable to pay the costs of remaining PVC wire @ 230 per metre which was Rs.40,480/- as per the rules of department. It was further submitted that a notice was served upon the complainant vide memo no.162 dated 20.01.2017 regarding it but complainant did not respond the same and filed this false and frivolous complaint against the opposite parties. All other averments made in the complaint have been denied and prayed for dismissal of complaint with cost.

4.       Complainant has tendered into evidence his duly sworn affidavit Ex.C-1 alongwith copies of documents Ex.C1 to Ex.C6 and closed his evidence.

5.       Counsel for the opposite party has tendered into evidence affidavit of Er.Subhash Chander S.D.O. Ex.OP-1 and closed the evidence on behalf of opposite party.

6.       Written arguments also not filed by the parties.

7.       We have examined all the documents/evidence produced on record and have also duly considered and perused the arguments duly put forth by the learned counsels for both the sides while adjudicating the present complaint.

8.       As per notice of opposite party placed as Ex.C2 a demand of Rs.40,480/- has been raised to the complainant which is main cause of the complaint.

9.       It is alleged by complainant that opposite party has  made an illegal demand of Rs.40,480/- vide their notice No.164 dated 20.01.2017 as cost of wire used for release of his electric connection. It is also pleaded by complainant that he has already deposited the required amount at the time of release of connection. But no such documentary evidence is placed on record by the complainant regarding deposit of cost of excess wire over and above 100 metre length.

10.     Opposite party in their written statement stated that said connection of the complainant has been checked by enforcement staff of Batala and it has been found that the length of service line of PVC wire is 276 metres whereas 100 metre is permissible as per rules and regulations of the department.

11.     It is further pleaded that as the length of service line has been found to be 176 meter excess over and above the permissible limit. So the required demand @ Rs.230/- per metre as per rules and regulations of department has been raised vide the said notice No.164 dated 20.1.2017 for an amount of Rs.40,480/-. Opposite party has placed on record the copy of checking report of enforcement, copy of supply code regulation 9.1.1 and copy of memo No.13759 dated 18.12.2014 issued by Engineer in Chief/Commercial PSPCL Patiala. It has not been clarified by the opposite parties whether this amount has already deposited by the complainant or not. 

12.     As per copies of the rules and regulations produced by the opposite party, it is clear that the consumer has to pay the variable charges under service connection charges of domestic electric connection for service line over and above 100 metre length @ 230 per metre.

13.     The said connection of the complainant has been checked by the enforcement and reports have also been prepared, so as per their checking reports the length of service line is more than 100 metre, so, the complainant is liable to pay the variable charges as demanded by opposite party in their said notice if not deposited earlier.

14.     Hence, we are of the opinion that the complaint can be best disposed off by giving directions to the opposite party.

15.     In view of the above we direct the opposite party to get it checked if the demand raised for Rs.40,480/- vide notice No.164 dated 20.01.2017 has already been deposited by the complainant or not. Further complainant is directed to deposit the said amount with opposite party if not found to be deposited earlier. The present complaint is disposed off accordingly.

16.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

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

  (Naveen Puri)

                                                                  President.                         

ANNOUNCED:                                    (B.S.Matharu)

DEC. 16, 2022.                                            Member.

YP.