BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.<br /> <br /> Complaint No.87 of 2008.<br /> Instituted On:01.08.2008.<br /> Date of Service: 21.08.2008.<br /> Decided On:02.12.2008.<br /> <br /> Bhajan Singh (aged 55 years) son of Ishar Singh, resident of Chiman Depot Wali Gali, Civil Lines, Moga, Distt.Moga.<br /> Complainant.<br /> <br /> Versus<br /> <br /> 1. Punjab State Electricity Board, through its Secretary, The Mall Patiala.<br /> 2. Executive Engineer, Punjab State Electricity Board, Sub Urban Sub Division, Distt.Moga.<br /> 3. Sub Divisional Officer, Punjab State Electricity Board, Sub Urban Sub Division Moga, Distt.Moga.<br /> Opposite Parties.<br /> <br /> Complaint under section 12 of The<br /> Consumer Protection Act, 1986.<br /> <br /> Quorum: Sh.J.S.Chawla, President.<br /> Smt.Bhupinder Kaur, Member.<br /> <br /> Present: Sh.P.S.Sidhu, Advocate counsel for the complainant.<br /> Sh.V.K.Dhir, Advocate, counsel for the OPs.<br /> <br /> (J.S.Chawla, President)<br /> Sh.Bhajan Singh complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 (herein-after referred to as ‘Act’) against Punjab State Electricity Board through its Secretary and others- opposite parties (herein-after referred to as ‘Board’) directing them to withdraw the illegal and unlawful demand of Rs.5211/- raised vide bill dated 12.7.2008 and to pay Rs.20000/- as compensation for causing mental tension and harassment beside costs of litigation.<br /> 2. Briefly stated, Bhajan Singh complainant is a ‘consumer’ of the Opposite Parties-Board having domestic electric connection bearing account no.DR88/0066M with sanctioned load of 5.20 KW installed at his residential premises. That the complainant has been paying the consumption bills regularly and nothing is due against him. That the OPs-Board sent him a bill dated 12.7.2008 for Rs.8100/- in which an amount of Rs.5211/- has been added as sundry charges. On enquiry, it has come to know that the OPs-Board had added the amount shown as sundry charges of some other account no.DR-89/725 which was running in the name of one Gurcharan Singh whereas the complainant has no concern with the said connection. That the OPs-Board has no right or authority to raise any demand from him towards some another connection. That the complainant approached the office of OPs-Board and requested to withdraw the impugned demand, but to no effect. That the aforesaid act and conduct of the OPs-Board had caused great inconvenience, harassment and mental agony to him for which he has claimed Rs.20000/- as compensation beside costs of the litigation. Hence the present complaint.<br /> 3. Notice of the complaint was given to the OPs-Board, who appeared through Sh.V.K.Dhir Advocate and filed written reply contesting the same. They took up preliminary objections that the complaint is not maintainable in the present form and that there is no deficiency in service on the part of the OPs-Board. On merits, it was averred that in fact the electric connection no.DR/89/725 was running in the name of one Gurcharan Singh son of Inder Singh and lateron it was permanently disconnected. At that time, an amount of Rs.5211/- was outstanding against the said connection. That Sh.Gurdev Singh and Balwinder Singh ALMs reported that the defaulting premises has been purchased by the complainant, so the OPs-Board has rightly charged the impugned amount from the complainant in accordance with the rules and regulars of PSEB. All other allegations contained in the complaint were specifically denied being wrong and incorrect. Hence, it was prayed that the complaint filed by the complainant has no merit and it deserves dismissal.<br /> 4. In order to prove his case, the complainant tendered in evidence his affidavit Ex.A1, bills cum receipts Ex.A2 to Ex.A8 and closed his evidence.<br /> 5. To rebut the evidence of the complainant, the OPs-Board have tendered in evidence affidavit of Sh.S.S.Sandhu, Addl.S.E. Ex.R1, copy of report Ex.R2, copy of sundry register Ex.R3 and closed their evidence.<br /> 6. We have heard the arguments of Sh.P.S.Sidhu ld. counsel for the complainant and Sh.V.K.Dhir ld. counsel for the OPs-Board and have very carefully perused the evidence on the file.<br /> 7. Admittedly, the impugned demand of Rs.5211/- raised vide bill dated 12.07.2008 raised by the OPs-Board against the complainant is the defaulting amount due and outstanding against one Gurcharan Singh son of Inder Singh. The impugned amount has been raised by the OPs-Board on the report of Sh.Gurdev Singh and Balwinder Singh ALMs vide application Ex.R2 in which they stated that the defaulting amount may be transferred to the domestic connection of Bhajan Singh. <br /> 8. During the course of arguments, Sh.P.S.Sidhu, ld.counsel for the complainant has filed an sworn affidavit of complainant duly attested stating that the complainant has no concern with the connection no.DR/89/725 viz.a.viz with the shop where the alleged connection is installed. Against the aforesaid contention of the complainant, the OPs-Board did not file any document to rebut the same. <br /> 9. Now the question for determination is if the OPs-Board has a right to transfer the defaulting amount of some other consumer in the account of complainant. The answer to this question is in negative. As per rules of the PSEB, the OPs-Board has not been competent to transfer and include the defaulting amount of said Gurcharan Singh in the account of the complainant.<br /> 10. Section VII, especially regulation no.123 of the Sales Regulations of the Punjab State Electricity Board, amended upto 30.3.1999 deals with the recovery of unpaid dues from the defaulting consumers. Though in the event of non payment of the electricity charges the relevant electric connection can be disconnected, but there is no regulation to transfer the unpaid dues of one consumer to the account of the other consumer. However, if a persuasion by the good offices of the electricity department, the defaulter does not pay the arrears of one electric connection then the same could be adjusted from the security amount due against the electric connection in question if any lies with the department. But there is no provision or instruction of the PSEB to transfer the defaulted amount of one consumer to the account of other consumer. The only way left for OPs-Board was to recover such dues against Gurcharan Singh by resorting to the litigations in the competent court of law. Thus, the act of the OPs-Board in transferring the amount of Rs.5211/- pertaining to the electric connection of Gurcharan Singh to the electric connection of the complainant is illegal and without any authority. In a similar case West Bengal State Electricity Board Vs. Bimal Bihari Mandal, reported in 1993(1) CPR 493 the West Bengal Consumer Commission has held that disconnection of electricity of the complainant on the ground of non-payment of dues of earlier default is illegal and he is entitled to the costs and damages. It amounts to deficiency in rendering services. As such the complainant could not be held liable to pay the amount of Rs.5211/- pertaining to the account of Gurcharan Singh. <br /> 11. The ld. counsel for the parties did not urge or argue any other point before us.<br /> 12. In view of the aforesaid facts and circumstances, the complaint filed by the complainant has merit and the same is accepted. The demand of Rs.5211/- raised vide bill dated 12.07.2008 from the complainant is set aside and quashed. The OPs-Board shall refund the amount deposited by the complainant, if any, against interim order dated 07.08.2008 passed by this Forum alongwith interest @ 9% per annum from the date of deposit till its realisation. The OPs-Board is also directed to pay Rs.2000/- on account of compensation for mental tension and harassment alongwith litigation expenses. Copies of the order be sent to both the parties free of cost and thereafter the file be consigned to the record room.<br /> <br /> (Bhupinder Kaur) (J.S.Chawla) Member President <br /> <br /> Announced in Open Forum.<br /> Dated:02.12.2008.<br /> hrg*<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />