BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.<br /> <br /> Complaint No.100 of 2008<br /> Instituted on: 22.08.2008<br /> Date of Service: 18.9.2008<br /> Decided on: 25.11.2008<br /> <br /> Usha Rani (aged 40 years) wife of Sh.Hem Raj, resident of village: Smalsar, Tehsil: Bagha Purana, Distt. Moga.<br /> <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, Bagha Purana, Distt.Moga.<br /> 3. Sub Divisional Officer, Punjab State Electricity Board, Sub Division, Bagha Purana.<br /> <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.Ashok Sharma, Adv. counsel for the complainant.<br /> Sh.V.K.Dhir, Adv. counsel for the OPs.<br /> <br /> (J.S.CHAWLA, PRESIDENT)<br /> Smt.Usha Rani 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. 83770/- raised vide bill dated 16.8.2008 and also to pay Rs.10000/- as compensation for causing mental tension and harassment beside costs of litigation.<br /> 2. Briefly stated, Usha Rani complainant is a ‘consumer’ of the Opposite Parties having SP electric connection bearing account no. SP/15/0112L with sanctioned load of 18.99 KW. That the said connection has been installed at her Atta Chakki which she was running to earn her livelihood and making both ends meal. That the complainant had been paying the consumption charges regularly and nothing is due against her. That the average consumption of the complainant remained between Rs.2000/- to Rs.3000/- per billing. That all of a sudden, she received a bill dated 16.8.2008 in which the OPs-Board raised a demand of Rs.83770/- on account of difference of units allegedly consumed from old and new meter. That the complainant never used the energy to that extent. That no prior notice was ever issued before adding the impugned amount in the consumption bill. That she requested the OPs-Board to withdraw the impugned amount, but to no effect. That the aforesaid act and conduct of the OPs-Board had caused great inconvenience, harassment and mental agony to the complainant for which he has claimed Rs.10000/- 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; that there is no deficiency in service on the part of the OPs-Board and that this Forum has got no jurisdiction to try and decide the present complaint because the connection in question was commercial one and being used in feed factory. On merits, it was averred that in fact the meter installed at the premises of the complainant was removed and thereafter, the OPs-Board issued notice dated 26.9.2008 to the complainant to appear before the M.E.Lab on 6.10.2008 for checking of the electric meter in question, but she did not appear. Thereafter, due to the court case pending before this Forum, the meter could not be checked by the M.E.Lab and the OPs-Board sent the bill on the basis of actual consumption to which the OPs-Board is legally entitled to recover. 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 her case, the complainant tendered in evidence her affidavit Ex.A1, copies of bills Ex.A2 to Ex.A4 and closed her evidence.<br /> 5. To rebut the evidence of the complainant, the OPs-Board tendered in evidence the affidavit of Sh.D.S.Toor, Sr.XEN Ex.R1, joint affidavit of Sh.D.S.Toor Sr.XEN and Sh.Kulwant Rai, AEE Ex.R2, copy of MCO Ex.R3, copy of letter Ex.R4, copy of ledger Ex.R5, copy of report of ME Lab Ex.R6 and closed their evidence.<br /> 6. We have heard the arguments of Sh.Ashok Sharma 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. During the course of arguments, ld.counsel for the complainant has conceded before this Forum that the complainant has moved an application for testing of the meter in question from the M.E.Lab. The meter in question was sent to the M.E.Lab, but the same was not tested by them on the ground that the matter is pending before this Forum and whatever report is made by the M.E.Lab, the complainant shall abide by the same.<br /> 8. Ld.counsel for the OPs-Board has also made statement that they have no objection if the M.E.Lab be directed to check the meter in question of the complainant and submit their report and the complainant shall abide the same.<br /> 9. The ld. counsel for the parties did not urge or argue any other point before us.<br /> 10. In view of the aforesaid facts and circumstances, the complaint filed by the complainant is partly accepted with the directions to the OPs-Board that the meter in question be got tested from the M.E.Lab in the presence of the complainant within 2 months from the date of receipt of copy of this order. Both the parties shall be bound by the report of M.E.Lab. The OPs-Board shall issue 10 days prior notice to the complainant to appear before the M.E.Lab. In view of the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of this order be supplied to the parties free of cost and thereafter, the file be consigned to the record room.<br /> <br /> (Bhupinder Kaur) (J.S.Chawla)<br /> Member President<br /> <br /> Announced in Open Forum.<br /> Dated:25.11.2008.<br /> <br />