DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 206 of 18.6.2021

                                      Decided on: 7.10.2024

Jasvir Singh aged about 32 years son of Sh.Late Amarjit Singh, resident of village Dandoa, Tehsil/District Patiala.

                                                                   …………...Complainant

                                      Versus

1. Punjab State Power Corporation Ltd., The Mall, Patiala through its Chairman-cum-Managing Director.
2. Additional S.E., Punjab State Power Corporation Ltd.,Balberha Sub Division, Patiala.    

…………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh.Pushvinder Singh, President

                                      Sh.G.S.Nagi, Member   

ARGUED BY

                                      Sh.K.S.Joshan, counsel for complainant.

                                      Sh.Rajiv Ohri, counsel for the OPs. 

 ORDER

                                      G.S.NAGI,MEMBER

1. The instant complaint is filed by Jasvir Singh  (hereinafter referred to as the complainant) against Punjab State Power Corporation Ltd., (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. It is averred that in the complaint that complainant is running a welding shop at Adda Mardarhy ,District Patiala where he is having an electricity connection bearing a/c No.P44MH250847N in his name.
3. It is averred that earlier father of the complainant namely Amarjit Singh was owner in possession of land/plot measuring 86 yard which falls under red line area of village Dandoa, District Patiala where an electricity connection No.P44AB150235Y  was also installed in the name of said Amarjit Singh. It is averred that said Amarjit Singh sold his above said land/plot to one Rajinder Kaur wife of Late Gurjit Singh vide agreement dated 6.10.2010 alongwith said electricity connection and since then Rajinder Kaur was using the said electricity connection. It is further averred that she used the said connection till 2012 and thereafter she got installed a new electricity connection in the premises purchased from Amarjit Singh, father of the complainant. It is further averred that said Amarjit Singh, father of the complainant expired on 22.6.2019.
4. It is averred that to the utter surprise of the complainant, he received electricity bill in the month of March,2019 with the demand of Rs.56453/- as arrear to be paid on 8.4.2019.After receipt of said bill complainant enquired the matter and he came to know that there has been huge outstanding amount against the electricity connection No.P44AB150235Y for the period 2011-12, which was sold by Sh.Amarjit Singh, father of the complainant alongwith the land/property to Rajinder Kaur and the arrear of said connection has been added in the electricity connection of the complainant. That complainant made verbal request to the OPs to not to raise the said demand as the same does not belong to him but the OPs did not adhere to the request of the complainant. Thereafter complainant moved an application  to the OPs apprising them the actual position but the said application was not taken into consideration. It is averred that the complainant has no concern with the electricity connection No.P44AB150235Y  and Rajinder Kaur. It is averred that the said connection was used by Rajinder Kaur being the owner of the premises and till the time of agreement to sell of land no notice with regard to any outstanding was ever issued to the complainant or his father under the rules and regulations of the OPs. It is further averred that no arrear is due against the electricity connection being used by the complainant. It is averred that the OPs have illegally imposed the aforesaid amount upon the complainant and is not liable to pay the amount as demanded by the OPs. It is further averred that the OPs are well within the authority to initiate the proceedings of recovery of the alleged charges against Rajinder Kaur wife of late Gurjit Singh, being consumer of the OPs,  who is actual defaulter and not the complainant.
5. On this back ground of these facts, complainant has filed the present complaint with the prayer to accept the same by giving directions to the OPs, to set aside the bill dated 24.3.2019 and lastly 6.6.2021 issued by OP No.2;  not to recover the disputed amount against consumer in terms of money for alleged arrear of energy against bill dated 24.3.2019 subsequent bill dated 6.6.2021 for the demand of Rs.78006/-(including alleged arrear alongwith interest) against electricity a/c No.P44MH250847N; to pay Rs.2,00,000/-as compensation for causing mental agony and harassment alongwith Rs.15000/-as litigation expenses.
6. Upon notice, OPs appeared through their counsel and filed written statement having contested the complaint by raising preliminary objections that the complaint is not maintainable.
7. On merits, it is averred that the complainant and his father Amarjit Singh were jointly running a welding shop having electricity connection No.P44MH250847N at Adda Mardarhy, District Patiala and Sh.Amarjit Singh shifted from village Dandoa to Adda Mardarhy and was living with the complainant. It is admitted that Amarjit Singh being owner in possession of a plot falling under Red line area of village Dandoa, District Patiala got installed an electricity connection in his name in the said plot. It is averred that the OPs are not conversant if the said property was sold to one Rajinder Kaur. It is averred that the electricity connection No.P44AB150235Y was in the name of Amarjit Singh, father of the complainant and was never got transferred in any other name and as such due to continuously running of the said connection in the name of Amarjit Singh till its permanent disconnection due to default Amarjit Singh and his family including Jasvir Singh, complainant certainly had concern with the said plot and the connection in question. It is further averred that the OPs have no concern with any assurance or agreement between Amarjit Singh and Rajinder Kaur with regard to any obligations and liabilities relating to and arising out of the electricity connection in the name of Amarjit Singh and the OPs had no privity of contract with Rajinder Kaur qua the electricity connection No. P44AB150235Y. It is further averred that the OPs are legally entitled to recover their dues or any outstanding amount only from the holder of electricity connection as per terms and conditions of the contract/agreement with PSPCL or his legal heirs and/or members of family.
8. It is further averred that as per LCR No.42/254 dated 22.10.2018 submitted by JE concerned that the amount outstanding against electricity connection No. P44AB150235Y(since disconnected) of Amarjit Singh  can be  and has to be charged from electricity account No.P44MH250847N in which Amarjit Singh and Jasvir Singh has/had joint and common interest. Otherwise also complainant Jasvir Singh is under obligation to discharge his liability against electricity connection No. P44AB150235Y as beneficiary of the said connection in the company and association of his father and as such OPs are legally entitled to recover their dues or any outstanding amount only from the holder of electricity connection  or his legal heirs. After denying all other averments OPs have prayed for the dismissal of complaint.
9. In support of the complaint, ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents i.e. Ex.C1 copy of original bill dated 24.3.2019, Ex.C2 original bill dated 6.6.2021, Ex.C3 copy of Aadhar card, Ex.C4 copy of death certificate, Ex.C5 copy of agreement to sell, Ex.C6 copy of application and close the evidence.
10. On the other hand, ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Er.Sandeep Puri, Addl. Supdt. Engg. OP Suburban Divn.PSPCL,Patiala alongwith documents i.e. Ex.OP1 copy of checking register/report No.254 page 42, Ex.OP2 copy of register(relevant page) depicting release of connection in the name of Jasbir Singh son of Amarjit Singh, Ex.OP3 copy of relevant page of ledger showing outstanding amount against Sh.Amarjit Singh, Ex.OP4 copy of relevant page of ledger showing the amount transferred in the account of Sh.Jasbir Singh as outstanding against the account of his father
    Amarjit Singh and closed the evidence.
11. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
12. The complainant has alleged that he is using electricity from a/c No.P44MH250847N   installed in his name at Adda Mardarhy, as per Ex.C1&C2.It is alleged that another connection bearing No.P44AB150235Y  in the name of Sh.Amarjit Singh father of the complainant, under domestic category was installed in an another premises situated  in the lal lakeer of the village Dandoa as stated by the OPs.
13. The complainant has alleged that the connection installed in the name of his father was installed at other premises under domestic category and had no connection with respect to the connection installed in the name of the complainant under SP category at another location outside the lal lakeer of the village. The complainant has further alleged that the premises where the connection in the name of his father was installed was  sold by his father Sh.Amarjit Singh to one Smt.Rajinder Kaur, vide sale deed,Ex.C5 on 6.10.2010.The father of the complainant expired on 22.6.2019 as per death certificate,Ex.C4.
14. The complainant has alleged that as the connection No.P44AB150235Y  and the premises were sold to Smt.Rajinder Kaur in the year 2010 as such she was responsible for the arrears or pending bills if any pertaining to the said connection. The complainant has alleged that bill dated 24.3.2019 was then issued to him in which an amount of Rs.56453/- was added as arrears pertaining to the connection No.P44AB150235Y  which was installed in the name of his father Amarjit Singh and was sold to Smt.Rajinder Kaur in the year 2010,as per Ex.C5.The complainant has alleged that a representation was then made to the PSPCL authorities as per Ex.C6.However, no fruitful purpose was served.
15. The complainant has alleged that he has been paying his electricity bills regularly against a/c No.P44MH250847N    and the amount of Rs.56453/- charged to him on account of pending arrears of a/c No.P44AB150235Y  is illegal and arbitrary and as such the complainant has prayed to setaside the bill dated 24.3.2019 alongwith subsequent bills upto 6.6.2021 wherein a demand of Rs.78006/- has been made. The complainant has also prayed for compensation on account of mental agony and harassment alongwith litigation expenses.
16. The OPs in their written statement and affidavit of Er.Sandeep Puri, as per Ex.OPA have submitted that the complainant and his father Sh.Amarjit Singh were jointly running a welding shop having electricity connection No.P44MH250847N    at Adda Mardarhy. It has also been submitted that Amarjit Singh was staying with the complainant Jasvir Singh in the common house hold of the complainant at Adda Mardhary. The OPs have further submitted that an another connection bearing a/c No.P44AB150235Y  was installed in the name of Amarjit Singh (now deceased) and father of the complainant under red line area of village Dandoa and have no knowledge about the sale of the said premises to Smt.Rajinder Kaur. The OPs have further submitted that the connection is still running in the name of Amarjit Singh. The OPs have further submitted that the connection installed in the name of Amarjit Singh bearing No.P44AB150235Y was inspected by JE concerned vide load checking register page No.254 item No.42 as per Ex.OP1, wherein it has been reported that an amount of Rs.49657/- is pending against the said connection and now Sh.Amarjit Singh has shifted from this premises to Adda Mardarhy and another connection bearing No. No.P44MH250847N   is running in the said premises in the name of son of Amarjit Singh i.e. in the name of complainant Jasvir Singh and as such this amount is recoverable from said Jasvir Singh. The OPs has also placed on record copy of ledger,Ex.OP3, as per which an amount of Rs.49657/- was outstanding against Amarjit Singh as on 2012.The OPs have stated that PSPCL is legally entitled to recover its dues or any outstanding amount only from the holder of electricity connection as party to the contract agreement as per terms and conditions of the contract agreement with PSPCL or from his legal heirs or family members.
17. We have considered the rival submissions of the parties and have also gone through the record thoroughly.
18. Admittedly SP connection in the name of the complainant bearing a/c No.P44MH250847N   is installed in Adda Mardarhy and another a/c                   No. P44AB150235Y  was installed in name of Amarjit Singh, father of the complainant at an another premises inside lal lakeer of the village Dandoa. The said premises were sold by Amarjit Singh to Smt.Rajinder Kaur on 6.10.2010.Subsequently an amount of Rs.56453/- pertaining to account No. No.P44AB150235Ywas charged to the complainant in his account No.P44MH250847N.
19. Punjab State Electricity Regulatory Commission exercising the powers conferred on it under Section 181 read with Sections 43, 44, 45, 46, 47, 48, 50, 55, 56, 57, 58, 59, 126, 127, 135, 152, 154 & 163 of Indian Electricity Act 2003 (Central Act 36 of 2003) read with Electricity (Amendment) Act, 2007 (No.26 of 2007) and all other powers enabling it in this behalf and in compliance of Electricity (Removal of Difficulties) Order, 2005, issued by the Ministry of Power, Government of India bearing No.S.O.790(E) dated 8^th June 2005 has formed regulations governing the condition of supply etc..
20. As per regulation 30.15 of Electricity Supply Code 2014 as stated below:

“ In case of transfer of property by sale/inheritance, the purchaser/ heir shall be liable to pay all charges due with respect to such property and found subsequently recoverable from the consumer”

As such the recovery can be made only from the owner of the property in question.

21. Further the OPs are within its right to deny the release of new connection in the name of the defaulter at any other premises until he pays outstanding amount due from him and may also refuse to connect such premises either on request from existing consumer or on application for connection by any person till all dues are cleared, as per regulation 30.13.Moreover, as the father of the complainant namely Amarjit Singh, defaulter of the OPs has already expired the OPs cannot force the complainant to pay his dues by charging defaulting amount of another premises to his account/connection which is installed in another village/premises.
22. As such we are of the opinion that the outstanding amount of Rs.56453/- charged to the complainant is against the rules and regulations of the OPs. As such the complaint is allowed partly and we direct the OPs to setaside the said demand of Rs.56453/- and also to amend the bills of the complainant from 24.3.2019 to 6.6.2021 on account of charging of said amount in the bill dated 24.3.2019 and subsequent bills.The OPs are also directed to pay composite compensation of Rs.5000/-to the complainant. Compliance of the order be made by the OPs within 45 days from the date of receipt of certified copy of this order.
23. It has also been brought to his commission that outstanding amount against domestic consumers which was due upto 31.12.2021 and not paid upto 30.6.2022 has been waived off by the Govt. of Punjab and circulated by the OPs vide Commercial Circular 21/2022. The OPs may consider the case of the complainant under the same guidelines also.
24. The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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                                              G.S.Nagi                PUSHVINDER SINGH

                                              Member                          President