1. The instant complaint has been filed by the complainant, wherein alleged that the OPs are providing electricity service to the general public for consideration throughout Punjab and more particularly within the Jalandhar District. That the complainant is the resident of House No.103, Gujral Nagar, Jalandhar where an electricity connection bearing A/c No.3002969458 for Domestic Supply in the name of complainant is installed for sanctioned load of 17.760 KW. That the OPs are sending wrong, incorrect, illegal bills to the complainant since July 2015 of the above mentioned electricity connection of the complainant illegally, arbitrarily against the rules/regulations/instructions of electricity supply instruction manual, supply code, meter regulations, standard of performance regulations, schedule of general charges, applicable tariff orders, Electricity Act, 2003 etc as applicable to the OPs. That the complainant on the receipt of spot electricity bill dated 01.06.2015 for the period 06.05.2015 to 01.06.2015 of Rs.6260/- payable by 16.06.2015 with electricity meter status as ‘O’ for the reading from 98975 to 99843 of installed electricity meter had paid the amount of electricity bill dated 01.06.2015 before the due date on 09.06.2015 of the above mentioned electricity connection presuming it as correct. That the OPs sent a wrong, incorrect, illegal spot electricity bill dated 22.07.2015 for the period 02.06.2015 to 22.07.2015 of Rs.12,820/- payable by 03.08.2015 with Electricity Meter as ‘O’ for the reading from 99843 to 101482 of installed electricity meter by illegally adding Rs.903/- (437 as SOP + 379 as ED + 87 as Oct) to the complainant and the complainant inadvertently had paid the amount of electricity bill dated 22.07.2015 on the due date i.e. 03.08.2015 of the above mentioned electricity connection presuming it as correct. That the OPs again sent a wrong, incorrect, illegal spot electricity bill dated 28.08.2015 for the period 02.06.2015 to 28.08.2015 for Rs.9450/- payable by 07.09.2015 with electricity meter status as ‘O’ for the reading from 99843 to 102656 of installed electricity meter by illegally adjusting RS.11,913/- + Rs.150/- to the complainant and the complainant inadvertently had paid the amount of electricity bill dated 28.08.2015 on the due date i.e. 07.09.2015 of the above mentioned electricity connection presuming it as correct. That the OPs again sent a wrong, incorrect, illegal spot electricity bill dated 05.10.2015 for the period 02.06.2015 to 05.10.2015 for Rs.8490/- payable by 15.10.2015 with Electricity Meter Status as ‘O’ for the reading from 99843 to 103785 of installed electricity meter by illegally adjusting Rs.21,383/- + Rs.150/- to the complainant and the complainant inadvertently had paid the amount of electricity bill dated 05.10.2015 before the due date on 14.10.2015 of the above mentioned electricity connection presuming it as correct. That the OPs used to send wrong, illegal, incorrect bills from November 2015 to October 2016 and the complainant had paid the same inadvertently presuming the same as correct. That the OPs sent a wrong, incorrect, illegal spot electricity bill dated 04.11.2016 for the period 02.06.2015 to 04.11.2016 of Rs.6090/- payable by 14.11.2016 with Electricity Meter Status as ‘N’ & ‘O’ Code for the reading from 99843 to 113902 of installed electricity meter by illegally adjusting Rs.1,51,116/- + Rs.600/- and illegally charging Rs.37,325/- (30807 as SOP + 5980 as ED + 538 as Oct) as arrear of current year to the complainant and the complainant inadvertently had paid the amount of electricity bill dated 04.11.2016 before the due date on 07.11.2016 of the above mentioned electricity connection presuming it as correct. That the electricity meter bearing No.8815 at Meter Reading as 114487 of the above mentioned electricity connection changed on 05.12.2016 with a new electricity meter bearing No.67709 at Meter Reading as 0000. That the OPs once again sent a wrong, incorrect, illegal spot electricity bill dated 06.12.2016 for average consumption of 672 units for the period 12.11.2016 to 06.12.2016 of Rs.47,550/- payable by 16.12.2016 with electricity meter status as ‘N’ & ‘F’ Code for the reading from 99843 to BLANK (nothing mentioned) of installed electricity meter by illegally adjusting Rs.750/- as SOP and illegally charging Rs.41,752/- as arrear of current year to the complainant. That here is huge difference in the bills issued by the OPs on the spot to the complainant and bills for the same period put up on the website of the OPs i.e. www.pspcl.in as form R O 3-B. That the OPs has uploaded the bill for the same period on the website of the OPs i.e.www.pspcl.in as Form R O 3-B as Bill No.53600384472, Bill date 07.12.2016 for the period 12.11.2016 to 06.12.2016 of Rs.47,860/- payable by 19.12.2016 with Electricity Meter status as ‘F’ for the reading from 19299 to 19887 of old electricity meter and for the reading 0 to 84 of new electricity meter reading on 06.12.2016 of installed electricity meter by illegally charging Rs.42828/- on account of arrears current financial year of the above mentioned electricity connection of the complainant. That the complainant on the receipt of the bill in the month of December 2016 made a written representation dated 16.12.2016 received by the OP No.2 on 19.12.2016 and the complainant challenged the bill from 22.07.2015 of the above mentioned electricity connection bearing A/C No.3002969458 and deposited the current charges of Rs.5032/- and deposited Rs.250/- as bill challenge fee and deposited Rs.21,424/- being 50% of the disputed amount shown as Arrear of Current Financial year in the bill of December 2016, with the OP No.2 on 19.12.2016. That the OPs without settling the dispute of bill of December 2016 again sent a wrong, incorrect, illegal spot electricity bill dated 04.01.2017 for average consumption of 1236 units for the period 06.12.2016 to 04.01.2017 of Rs.31,420/- payable by 16.01.2017 with Electricity Meter Status as ‘F’ for the reading from 84 as old reading on 06.12.2016 and no reading on 04.01.2017 of new installed electricity meter bearing NO.67709 by illegally charging Rs.21,588/- on account of Arr. Curr. Year and by showing adjustment of Rs.450/- as SOP to the complainant. That the OPs has uploaded bill for the same period on the website of the OPs i.e. www.pspcl.in as form R O 3-B as Bill No.1035517A041120049, Bill date 04.01.2017 for the period 06.12.2016 to 04.01.2017 of Rs.31,420/- payable by 16.01.2017 with Electricity Meter Status as ‘F’ for the reading from 84 to 0 of installed electricity meter reading on 04.01.2017 of installed electricity meter by illegally charging Rs.21,588/- on account of arrears curr fin year of the above mentioned electricity connection of the complainant. That the OPs has also uploaded bill for the same period on the website of the OPs i.e. www.pspcl.in as form R O 3-B as Bill No.50802991295, Bill date 09.01.2017 for the period 06.12.2016 to 04.01.2017 of (-) Rs.18,386/- payable by 19.01.2017 with electricity meter status as ‘F’ for the reading from 84 to 1236 of installed electricity meter on 04.01.2017 of installed electricity meter by illegally charging Rs.12,981/- on account of arrears curr fin year and showing sundry allowances as Rs.40,114/- as SOP, of the above mentioned electricity connection of the complainant. That the complainant on the receipt of spot bill dated 04.01.2017 made a written representation dated 09.01.2017 received by the OP No.2 on 09.01.2017 and the complainant challenged the bill of the above mentioned electricity connection bearing A/C No.3002969458 and deposited the current charges of Rs.9384/- and deposited Rs.250/- as bill challenge on 09.01.2017 with the OP No.2. That the OPs instead of sending the correct bill again sent a wrong, incorrect, illegal spot electricity bill dated 03.02.2017 for average consumption of 1278 units for the period 04.01.2017 to 03.02.2017 for (-) Rs.8671/- payable by 13.02.2017 with electricity meter Status as ‘F’ for the reading of 1236 on 04.01.2017 and no reading on 03.02.2017 of installed electricity meter by illegally showing adjustment of Rs.18,387/- as SOP, to the complainant. That the OPs has also uploaded bill for the same period on the website of the OPs i.e. www.pspcl.in as form R O 3-B as Bill No.1035517B031059071, Bill date 03.02.2017 for 1278 units for the period 04.01.2017 to 03.02.2017 of (-) Rs.8670/- payable by 13.02.2017 with electricity meter status as ‘F’ for the reading from 1236 to 1366 of installed electricity meter by illegally showing sundry. Allowances as Rs.18,387/- as SOP, of the above mentioned electricity connection of the complainant. That when the OPs without settling the dispute of bills again sent a wrong, incorrect, illegal spot electricity bill dated 03.03.2017 for average consumption of 1193 units for the period 03.02.2017 to 03.03.2017 of Rs.390/- payable by 13.03.2017 with electricity meter status as ‘F’ for the reading from 2514 as old reading on 03.02.2017 and no reading on 03.03.2017 of installed electricity meter by illegally by showing sundry allowance as only of Rs.8657/- as SOP to the complainant and the complainant paid the same through Bankers Cheque dated 07.03.2017 for Rs.390/- of HDFC Bank Ltd. by sending the same alongwith a written representation dated 07.03.2017 through Speed Post on 08.03.2017 to the OP No.2 and copies of the OPs No.1 and 3. That the OPs are neither mentioning the ACD and Meter Security on the bills nor giving the interest on the said ACD and Meter Security as deposited by the complainant with the OPs upto February 2017 illegally, arbitrarily against the Supply Code Regulations, Electricity Act, 2003 etc as applicable to the OPs. That the OPs are wrongly, illegally mentioned ACD only as 660 and again No Meter Security mentioned on the spot bill dated 03.03.2017 nor giving the interest on the said ACD and Meter Security as deposited by the complainant with the OPs illegally, arbitrarily, against the Supply Code Regulations, Electricity Act, 2003 etc. as applicable to the OPs. That till to date the complainant has not received any response from the OPs with regard to the above mentioned bills which are illegal, arbitrary, against the rules/regulations/instructions of Electricity Supply Instruction Manual, Supply Code, Meter Regulations, Standard of Performance Regulations, Schedule of General Charges, Applicable Tariff Orders, Electricity Act, 2003 etc. as applicable to the OPs. That by charging straight way in the Electricity Bill any amount without any prior correspondence/intimation and without following the procedure prescribed, illegally, arbitrarily, against the rules/ regulations/ instructions of Electricity Supply Instruction Manual, Supply Code, Meter Regulations, Standard of Performance Regulations, Schedule of General Charges, Applicable Tariff Orders, Electricity Act, 2003 etc. as applicable to the OPs, is illegal, arbitrary, null and void. That due to the above said facts the complainant has suffered mental tension, harassment, inconvenience, financial loss etc. and the complainant assessed the same to the tune of Rs.99,000/- in all in terms of money and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay Rs.99,000/- in all in terms of money, to the complainant as compensation for causing mental tension and harassment to the complainant.

2. Notice of the complaint was given to the OPs, who filed written reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable as the charges leveled are on account of actual consumption of electricity consumed by the complainant. It is further alleged that the complaint is bad for misjoinder and nonjoinder of necessary parties. The respondent No.3 C. B. Cell has been unnecessarily and wrongly impleaded as party in the complaint. It is further alleged that the complainant does not have any cause of action against the respondents and further alleged that the complainant is stopped by his own act and conduct from filing the present complaint. It is further alleged that the complainant does not have any locus-standi to file the present complaint. On merits, the factum in regard to installation of the electricity connection in the house of the complainant is admitted, but all the other allegations as alleged by the complainant in the complaint are categorically and vehemently denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3. In order to prove the case of the complainant, the counsel for the complainant tendered into evidence affidavit Ex.CA alongwith some documents Ex.C-1 to Ex.C-49 and closed the evidence.

4. Similarly, counsel for the OPs tendered into evidence affidavit Ex.OP1 alongwith documents Ex.OP2 and Ex.OP3 and closed the evidence.

5. We have heard the learned counsel for the respective parties and also gone through the case file very minutely.

6. The complainant has tendered in evidence his affidavit Ex.C-A in support of his case. Ex.C-1 is copy of bill dated 01.06.2015. Ex.C-2 is copy of bill dated 22.07.2015. Ex.C-3 is copy of bill receipt for payment of Rs.12,820/-. Ex.C-4 is copy of bill dated 28.08.2018. Ex.C-5 is copy of bill receipt dated 07.09.2015. Ex.C-6 is copy of bill dated 05.10.2015. Ex.C-7 is copy of bill dated 15.10.2015. Ex.C-8 is copy of bill 14.11.2016. Ex.C-10 is copy of bill dated 16.11.2015. Ex.C-11 is copy of bill receipt dated 06.11.2015. Ex.C-12 is copy of bill dated 14.12.2015. Similarly, we have also examined copies of bills Ex.C-13 to Ex.C-49 placed on the record.

7. To refute this evidence of the complainant, OPs tendered in evidence affidavit of Er.Inder Pal Singh Addl. Superintending Engineer PSPCL as Ex.OP-1. Ex.OP-2 is copy of job order dated 19.10.2016.

8. The complainant alleged that on the receipt of spot electricity bill dated f01.06.2015 for the period 06.05.2015 to 01.06.2015 of Rs.6260/- payable by 16.06.2015 with electricity meter status as ‘O’ for the reading from 98975 to 99843 of installed electricity meter had paid the amount of electricity bill dated 01.06.2015 on 09.06.2015. OPs sent wrong bill dated 22.07.2015 for the period 01.06.2015 to 22.07.2015 of Rs.12,820/- payable with 03.08.2015 by illegally adding Rs.903/-. OPs sent again bill dated 28.08.2015 for the period 02.06.2015 to 28.08.2015 for Rs.9450/- payable by 07.09.2015 by illegally adjusting Rs.11913/- + Rs.150/-.OPs again sent wrong incorrect electricity bill dated 05.10.2015 for the period 02.06.2015 to 05.10.2015 for Rs.8490/- payable by 15.10.2015 by illegally adjusting Rs.21383/- + Rs.150/-. Ops again sent wrong electricity bill dated 04.11.2016 for the period 02.06.2015 to 04.11.2016 of Rs.6090/- by illegally adjusting Rs.115116/- +Rs.600/- and illegally charging Rs.37,325/- as arrear of current year. OPs again sent wrong bill dated 06.12.2016 for average consumption of 672 units for the period 12.11.2016 to 06.12.2016 of Rs.47550/- by illegally adjusting Rs.750/- as SOP and illegally charging Rs.41,752/- . In bill dated 07.12.2016 for the period 12.11.2016 to 06.12.20216 of Rs.47860/- payable by 19.12.2016 with electricity meter status as ‘F’ for the reading from 19299 to 19887 of old electricity meter. Bill dated 04.01.2017 for the period 06.12.2016 to 04.01.2017 of Rs.31420/- payable by 16.01.2017. Bill dated 09.01.2017 for the period 06.12.2016 to 04.01.2017 payable by 19.01.2017 by illegally charging Rs.12981/-

9. From perusal of above said copies of electricity bills on the record, we are of the opinion that there is huge difference in the bills issued by OPs to the complainant. OPs without settling the dispute of previous bills sent another bills on average consumption not on consumption basis. OPs neither mentioning the ACD and meter security on the bills for giving interest on the said ACD and meter security as deposited by complainant with Ops up to February 2017 illegally. OPs admitted in para no.3 of their written statement that “Meter of the complainant changed on 05.12.2016 at reading 114487. Actually, there was a problem of digit in system of bill of the consumer but bills are rightly sent to consumer. But at the time of MCO the meter was at 19887 reading by the JE whereas as per MCO the reading was 114487, ultimately a refund of Rs.40,114/- vide sundry no.1245 was made in the account of the consumer and after MCO the bills of the consumer have been sent accurately. “ From perusal of above said admission of OPs, it is clear that deficiency in service and unfair trade practice attributed on the part of OPs. One side OPs admitted that there was a problem of digit in system of bill of consumer and other side they admitted that bills are rightly sent to consumer and further they admitted that refund of Rs.40,114/- was made in the account of the consumer. This act of OPs proves negligence on their part. If no fault on the part of OPs, then why they agree for problem in digit in system or why they refund the above said amount in the account of complainant in their written statement.

10. The main question of controversy involved in this case is that the demand of excess bill/sundry charges of OPs is genuine or not? From perusal of entire bills issued to complainant by OPs, it is crystal clear that the OPs issued excess bills to complainant as per average basis not as per consumption consumed by him. OPs are adamant to charge excess money unlawfully from the complainant, which is against rules and regulations of PSPCL.

11. In the light of our above detailed discussion, we partly allowed the complaint of the complainant and OPs are directed to issue correct bills in future as per consumption consumed by complainant and OPs further directed to adjust excess amount deposited by complainant with them in future bills.

13. The compliance of the order be made within 45 days from receipt of copy of this order.

14. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room after due compliance.

Announced in open Commission

9^th of March 2021

Kuljit Singh

(President)

Jyotsna

(Member)