PER:

Charanjit Singh, President

1        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section  11, 12 and 13 against the opposite parties on the allegations that the complainant is a consumer of the electric power supply bearing account No. M.J. 52-2114, account No. 3000781285 situated in the area of Mohalla Jassey Wala Tarn Taran Tehsil and District Tarn Taran. In the house of the complainant an electric connection No. M.J. 52-2114 has been installed and electricity bill of Rs. 2,340/- has been received as per previous reading 795 and current reading 1293 on 29.12.2017. the complainant has received the bill as per reading and he is regularly paying the said bill as per consumption of the electric power and as per bill issued by the opposite parties. The said electricity meter was installed in the chamber of the electric meter alongwith other consumers and nothing illegal act was ever found by the meter reader. Now the opposite party No. 3 and his staff as per LCR No. 97/5011 dated 15.2.2018 has checked the said meter and as per their checking report the reading of the meter found as 18866. But as per actual reading on dated 27.10.2017 found only 795. If any meter reading found as 18866 may be meter jumped or any defect of the meter of the complainant and the complainant never tempered the meter as the meter of the complainant installed away from the house of the complainant. Moreover, no theft was ever committed by the complainant as such the bill for Rs.1,55,820/- is illegal and baseless. The said reading of bill is 795 on dated 27.10.2017 as per bill issued by the opposite parties. The electric meter connection is installed outside the house of complainant and no irregularity ever found by the opposite parties.  The complainant has received a letter bearing No. 128 dated 16.2.2018 for payment of the jumped meter installed outside of house of complainant. In the said house another electric meter bearing No. T 22MJ521476M in the name of Sh. Karam Chand for the last more than 40 years installed and an electricity bill of Rs. 2030/- has been received as per reading on 4.1.2018 and the complainant received the bill as per reading and he is regularly paying the said bill as per consumption of the electricity power. The said electric meter was also installed in the chamber of the electric meter alongwith other consumers outside of the house.  The complainant issued a legal notice dated 27.2.2018 which was duly served upon the opposite parties in details whereby the facts were pleaded as per actual and physical position of the working condition of the electric meter. The complainant subsequently met the opposite parties in the office stating that the complainant as not been called for checking for meter and not told the position of the meter. Later on the complainant received a letter bearing No. 128 dated 16.2.2018 from opposite party no. 3. Insptie of the above said objection the opposite party did not give an opportunity to the complainant to be heard on the subject matter. The opposite party No. 3 issued a bill payable on or before February 2018 of Rs. 1,58,418/- in which the amount of Rs. 2,598/-   has been added as surcharging on account of failure on the part of the complainant in the amount payable by due date i.e. Rs. 1,58,418/- herein after be referred to as payable bill. The impugned letter dated 27.2.2018 of Rs. 1,58,418/- is highly illegal unlawful and the complainant moved an application dated 19.2.2018 to the opposite parties. It is also pleaded that assessment of recovery of Rs. 1,58,418/- has been issued is wrong to the complainant. No opportunity of being heard has been granted to the complainant inspite of written objections and subsequent reminders. The complainant never consumed electricity beyond the sanctioned load. The alleged letter bearing No. 128 dated 16.2.2018is totally misconception of the real and visible facts of the installation on the electric meter. The electric meter is installed outside of the house and the same is installed in electric chamber and there is no possibility about tempering the meter. Even the reckoning of assessed charges are highly excessive and has not been assessed in accordance with prescribed rules and procedure. The complainant is ready and willing to deposit the reasonable amount out of the disputed amount as directed by this Commission. The complainant has prayed that the opposite party be restrained from disconnecting the disputed connection. The disputed letter No. 128 dated 16.2.2018 and the payable bill and proceeding be quashed. The opposite party No. 3 be directed to pay an amount of Rs. 2 Lacs to the complainant by way of damages and compensation for causing distress of mind and loss of repudiation of the complainant in the society. The opposite parties be directed to pay reasonable amount of Rs. 50,000/- to the complainant by way of costs of litigation counsel fee and pendente lite interest @ 12% per annum from the date of alleged inspection by enforcement staff i.e. 16.2.2018. 

2        Notice of this complaint was issued to the opposite parties and  opposite parties appeared through counsel and filed written version and pleaded that the connection of the complainant was checked by officials of the Opposite parties on 15.12.2018 and the difference was found in the consumption as per record and as per meter reading of the meter installed at the spot. The load of the house was checked which was found to be 3.646 KW and as per record the reading of the meter on 29.12.2017 was 0001293 units. The meter was removed at the spot in the presence of the complainant Niraj Kumar and was packed in the card board box and a new meter was installed at the spot with the reading 0002.  The reading of the removed meter was 18866. Thereafter, since the meter was checked in the meter testing laboratory of PSPCL in Verka (Amritsar) , the complainant Niraj Kumar was sent a notice to be present in meter testing laboratory PSPCL at Verka at 10.A.M. on 1.8.2018 vide memo No. 932 and was sent Dasti but as per report of the serving official dated 2.8.2018, the consumer representative who was present in the house had refused to accept the notice. Earlier also a notice was sent to the complainant vide memo No. 885 dated 20.7.2018, but the consumer representative had refused to receive the notice as per report of the serving official dated 23.7.2018. Thereafter a registered notice vide memo No. 1082 dated 6.9.2018 was sent to the complainant but inspite of the postman visiting his house so many times, he avoided to receive the registered letter and was finally he returned vide endorsement dated 13.9.2018. Finally the meter was checked in the meter testing lab on 12.10.2018 and the meter was found to be OK and the final report was prepared on 12.10.2018 vide NO. 2378/13 by Sr. XEN Enforcement PSPCL Amritsar giving the finding of the meter to be having correct accuracy. The letter for payment of Rs. 1,55,820/- has been issued for consumption charges of energy consumed and as recorded by the meter installed.  The bill has been issued to the complainant on the basis of consumption recorded by the meter. The complainant was called many a times to be present in the meter testing lab at Verka (Amritsar) and as per letters OP2 to OP5 and which the complainant had refused to accept those letters intentionally and avoided to appear at the time of testing in the laboratory. The officials who checked the meter in laboratory and the officials in whose presence meter was checked are all public servants and performing their duties as such, there is no reasons for suspecting them for giving any false report about the testing of meter.  The amount claimed is as per the calculation sheet Ex. OP-8 and as per rules applicable.  Alongwith the written statement, the opposite parties have placed on record checking report dated 15.2.2018 Ex. OP-1, copy of notice memo NO. 932 dated 1.8.2018 Ex. OP-2, Copy of notice memo NO. 885 dated 20.7.2018 Ex. OP-3,  Registered notice Memo NO. 1082 dated 6.9.2018 Ex. OP-4, Original returned registered letter Ex. OP-5, Lab report Ex. OP-6, Final report of Sr. XEN Ex. OP-7, Calculation Sheet Ex. OP-8.

3        The complainant has filed rejoinder to the written version filed by the opposite parties and denied all the pleas taken in the written version and reiterated the stand as taken in the complaint and prayed that the present complainant maybe allowed. Alongwith the rejoinder, the complainant has placed on record  his affidavit Ex. C-1, Reply to the notice dated 27.2.2018 Ex.C-2, Postal receipt dated 27.2.2018 Ex. C-3, Application from complainant dated 19.2.2018 Ex. C-4, Letter No. 128 dated 16.2.2018 Ex. C-5, Bill dated 28.2.2018 of Rs. 1,55,815/- Ex. C-6, Bill dated 29.12.2017 of Rs. 2,340/- Ex. C-7, Receipt of Bill dated 13.6.2018 Ex. C-8, Bill dated 29.12.2017 of Rs. 2,030/- in the name of Karam Chand Ex. C-9, Receipt for Rs. 2,030/- of Bill dated 13.1.2018 Ex. C-10,  Bill and receipt dated 5.5.2017 for Rs. 4,480/- Ex. C-11, Bill and receipt dated 7.9.2017 of Rs. 1,980/- Ex. C-12, Bill and receipt dated 7.9.2017 of Rs. 1,960/- Ex. C-13, Bill and receipt dated 5.5.2017 of Rs. 1,060/- Ex. C-14, Bill dated 29.4.2018 of Rs. 1,71,640/- Ex. C-15.

4        We have heard the Ld. counsel for complainant and opposite parties and have also carefully gone through the documents on the file.

5        In the present case it is not disputed that the complainant is consumer of the opposite parties. In the present case the opposite parties have raised demand of Rs. 1,55,820/- vide bill dated 15.2.2018 Ex. C-6 for 18071 units. The case of the opposite parties is that the connection of the complainant was checked by officials of the Opposite parties on 15.12.2018 and the difference was found in the consumption as per record and as per meter reading of the meter installed at the spot. On 29.12.2017 reading was 0001293 units. The meter was removed at the spot in the presence of the complainant Niraj Kumar and was packed in the card board box and a new meter was installed at the spot with the reading 0002.  The reading of the removed meter was 18866.The meter was checked in the meter testing laboratory of PSPCL in Verka (Amritsar). The complainant was called many a times to be present in the meter testing lab at Verka (Amritsar) and as per letters OP2 to OP5 and which the complainant had refused to accept those letters intentionally and avoided to appear at the time of testing in the laboratory. The meter was found to be OK and the final report was prepared on 12.10.2018 vide No. 2378/13 by Sr. XEN Enforcement PSPCL Amritsar giving the finding of the meter to be having correct accuracy. A letter for payment of Rs. 1,55,820/- has been issued for consumption charges of energy consumed and as recorded by the meter installed.  The bill has been issued to the complainant on the basis of consumption recorded by the meter. The amount claimed is as per the calculation sheet Ex. OP-8 and as per rules applicable.  On the other hands,  the case of the complainant is that excessive bill has been sent to the complainant and the complainant has not used the electricity as demanded by the opposite parties from the complainant. It is contended by Ld. counsel for the complainant that official of the opposite parties was taking the reading time to time and on the basis of that reading the electricity bill was issued to the complainant and the complainant had been paying the bill to the opposite parties regularly. It is also contended by Ld. counsel for the complainant that he is regularly paying the electricity charges consumed by him and the Bill dated 15.2.2018 Ex. C-6 issued by the opposite parties is excessive one and prayed that the present complaint be allowed.

7        As per version of the opposite parties the meter of the complainant was found OK. The opposite parties have placed on record calculation sheet Ex. OP-8 in which detail of amount calculated by the opposite parties have been shown. But the disputed Bill dated 15.2.2018 Ex. C-6 shows the consumption history for the previous 24 months period: Feb-2016 as 101, April-2016 as 181, June 2016 as 194, August 2016 as 228, June-2017 as 712, August-2017 as 325, October 2017 as 310. The consumption of the electricity consumed by the complainant is in between 101 units to 712. The Bill Ex. C-6 shows the consumption for period of 111 days w.e.f. 27.10.2017 to 15.2.2018. This bill is for the period of winter days and not for summer days. During the checking report vide Ex. OP-1, it was not mentioned that the complainant was running any heater etc. moreover, during this period Air conditioners are also not working. As such the bill issued by the opposite parties Ex. C-6 is not genuine. Otherwise by no stretch of imagination does a person can consume this much of electricity in 111 days. A consumer cannot use 6000 units in one month as the previous bills of complainant’s consumption is less than 1000 units per month. So we can easily come to the conclusion that consumer had not used this much of electricity as raised by the opposite parties.  The opposite parties are not entitled to receive the amount as per Ex. C-6. However, the complainant has used the electricity for the disputed period and he is liable for the same to the opposite parties on average basis. The record of the opposite parties is supporting the version of the complainant.

8        In light of the above discussion, the present complaint is partly allowed. Bill dated 15.2.2018 Ex. C-6 is quashed.  However, the opposite parties are at liberty to recover the consumption charges of the disputed period from the complainant on average basis of previous 6 months. The amount deposited by the complainant if any by the order of this commission during the pendency of the present complaint, either return to the complainant or adjust in the next bills of the complainant. The complainant has been harassed by the opposite parties unnecessarily. The complainant is also entitled to Rs 5,000/- ( Rs. Five Thousand only) as compensation on account of harassment and mental agony and Rs. 3,500/- (Rs. Three Thousand and Five Hundred only) as litigation expenses. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.

Announced in Open Commission

09.12.2021