Complaint No: 263 of 2023.

       Date of Institution: 14.11.2023.

               Date of order:11.03.2024.

Balwinder Kaur aged about 50 years wife of Gurdip Singh, resident of Dera Baba Nanak Road, Sundar Nagar, Batala, Tehsil Batala and District Gurdaspur.

                                                                                                                                                                                  .....Complainant.

                                              VERSUS

1.       Punjab State Power Corporation Ltd., The Mall, Patiala, through its Chairman cum Managing Director.

2.       Punjab State Power Corporation Ltd., through its A.E.E, North Sub – Division Batala, Tehsil Batala and District Gurdaspur. Pin Code – 143505.

3.       Punjab State Power Corporation Ltd., through its Senior XEN, Sub –Division Model Town Batala, Tehsil Batala and District Gurdaspur. Pin Code – 143505.

                                                                                                                                                                             .....Opposite parties.                                                                                                                                                                                    

                                                         Complaint u/s 35 of Consumer Protection Act.

Present: For the Complainant: Sh.Uttam Raj Sharma, Advocate.

               For the Opposite Parties: Sh.Opinder Rana, Advocate.

Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.

ORDER

Bhagwan Singh Matharu, Member.

          Balwinder Kaur, Complainant (here-in-after referred to as complainant) has filed this complaint under section 35 of the Consumer Protection Act (here-in-after referred to as 'Act') against P.S.P.C. Ltd. (here-in-after referred to as 'opposite parties).

2.       Briefly stated, the case of the complainant is that the complainant constructed her house and installed electric meter in her house bearing Account No.3002081032 for domestic purpose. The complainant continued pay the electric charges from the above said account and continue pays the electric charge to the opposite parties. The complainant installed in her house 4 fans, 6 LED Bulbs, Fridge and generally consume electricity to the tune of Rs.3,000/- per bill (2 months). It was pleaded that the opposite parties issued bill to the complainant in the month of February, 2020 and demanded Rs.1,50,000/-. The complainant had gone to the office of the opposite party No. 2 and asked for explanation of the bill, but she was not given any satisfactory reply by the opposite party No. 2, rather written amount of bill as Rs.1,67,000/- and told her that bill for the amount of Rs.1,50,000/- has been wrongly sent. In fact the actual bill of the complainant is for the amount of Rs.1,67,000/-. It was further pleaded that the complainant moved an application before the opposite parties to check the electric meter of the complainant as it is running even when the load is switched off. After that Sh. Paramajit Singh, J.E. visited the spot and asked the complainant to switch off the lights as well as Main Switch of the meter. The complainant did so as said by above said J.E, but the meter was still running. The above said J.E. told the complainant that the electric meter of the complainant is running without any load. Thereafter, in the office of the opposite parties, the complainant as well as above said J.E. told that the electric meter of the complainant is running continuously without any load, as such she received bill of excess amount. The officials of the opposite parties assured to correct the bill of the complainant in upcoming bill. It was further pleaded that on dated 02.03.2020, the opposite parties illegally disconnected the electric connection of the complainant. The complainant approached the opposite parties and requested them to re-install the electric connection and the opposite parties told the complainant to deposit the amount of Rs.30,700/-. The complainant deposited Rs.30,700/- vide receipt dated 13.03.2020/- to the opposite parties on the assurance given by the opposite parties that they will correct the bill of the complainant. The opposite parties installed new electric meter. It was further pleaded that on dated 07.09.2020, the opposite parties again disconnected the electric meter of the complainant without the consent and knowledge of the complainant. The complainant again visited the office of the opposite parties who told the complainant to deposit the amount of Rs.24,000/-. The complainant again deposited an amount of Rs.24,000/- and his connection was again restored by the opposite parties. It was further pleaded that the opposite parties have again sent bill dated 29.09.2020 and demanding an amount of Rs.1,45,810/-. The complainant again visited the office of the opposite parties and requested them to explain and correct the bill dated 29.09.2020, but instead of correcting the bill, the opposite parties added more amount of Rs.28,080/-. Now, the opposite parties are demanding Rs.1,73,890/- from the complainant and threatening to recover the above said amount under the threat of disconnect the electric connection of the complainant. It was further pleaded that the complainant never consumed such like electricity as alleged by the opposite parties in the bills and above said bills issued by the opposite parties to the complainant are illegal, null and void, against the law and instructions, arbitrary, against the principle of natural justice as the complainant is not liable to pay the same. It was further pleaded that earlier the complainant has filed such like complaint bearing No. CC/89/2020 and during the pendency of the above said complaint, the opposite parties have waived off an amount of Rs.1,14,587/- from the disputed amount of the bill of the opposite parties. In view of this, the complainant withdraws her complaint with condition to file fresh complaint regarding the remaining amount. It is pertinent to mention here that the complainant is regularly paying her bill without any default. It was further pleaded that now the opposite parties have instructed the complainant to pay the amount of Rs.32,896/- as latest bill, although latest bill is not supplied to the complaint, which is wrong as per actual consumption of the complainant and against the rules and regulations of the Electricity Department. Thereafter, the complainant approached the opposite parties and requested the opposite parties to handover the latest bill to her and also to explain the amount of bill as the same has not been charged as per actual consumption of the complainant, but the opposite parties have not given any satisfactory reply and threatened to recover the above said amount illegally and forcibly. Rather the officials of the opposite parties have hand written on the old bill that she have to deposit the amount of Rs.32,896/-, else they will recover from her through coercive method. It was further pleaded that the opposite parties also refused to receive the actual consumption charges from the complainant. Hence, the necessity has arisen to file the present complaint and the complainant is heart patient and planted stunt and she is being harassed unnecessarily by the opposite parties by way of sending bills of huge amount. Due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. So, there is a clear cut deficiency in service on the part of the opposite parties.  

          On this backdrop of facts, the complainant has alleged deficiency and negligence in service and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to receive the actual consumption charges from the complainant and exclude the amount of Rs.32,896/- from the bill of the complainant and restraining the opposite parties from disconnecting the electric connection of the complainant till the pendency of the complaint. The opposite parties may be further burdened with compensation to the tune of Rs.50,000/- on account of physical harassment, mental agony and causing financial loss to the complainant. Any other relief which this Hon'ble Commission may deem it fit may also be granted to the complainant, in the interest of justice.

3.       Upon notice, the opposite parties appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the complainant has filed the false and frivolous complaint by concealing the material facts. The complainant has not come to this Hon’ble Commission with clean hands and she has suppressed the true and material facts from this Hon'ble Commission and the present complaint of the complainant is not maintainable being lack ingredients. It was pleaded that the matter of the fact is that the answering opposite parties have sent the bill to the complainant as per their consumption. Moreover, the answering opposite parties have no personal enmity with the complainant. Neither the answering opposite parties knows the complainant personally nor having any grudge against him. It was further pleaded that the complainant is a habitual defaulter and not paying the bill regularly since April 2015 to December 2023 which clearly shows that the complainant is not paying the electricity bill regularly and the amount demanded by the answering opposite parties from the complainant vide bill in question is the unpaid energy charges of the complainant and the amount demanded by the answering opposite parties from the complainant is legal and genuine one. It was further pleaded that the complainant is a habitual defaulter and not paying the electricity bills regularly and filed the present complaint with the intention to take the undue advantage of the process of law and the answering opposite parties sent the bill to the complainant as per consumption. It was further pleaded that the amount demanded by the answering opposite parties is legal and genuine and noting is illegal. Moreover, the allegations leveled by the complainant upon the answering opposite parties are baseless and false one.

          On merits, the opposite parties have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in service on the part of the opposite parties. In the end, the opposite parties prayed for dismissal of complaint with costs. 

4.       Learned counsel for the complainant has placed on file affidavit of Balwinder Kaur, (Complainant) as Ex.CW-1/A alongwith other documents as Ex.C-1 to Ex.C-3 alongwith complaint.

5.       Learned counsel for the opposite parties has placed on file Self-Declaration of Er. Sukhjinder Singh, (A.E.E, P.S.P.C. Ltd, Sub – Division North Batala, Gurdaspur) as Ex.OPW-1/A alongwith other documents as Ex.OP-1 to Ex.OP-20 alongwith reply.

6.       Rejoinder not filed by the complainant.

7.       Written arguments not filed by both the parties.

8.       We have carefully gone through the pleadings of counsels for the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint. 

9.       The perusal of the case file reveals the facts of the case that as per Ex.C1 the complaint filed by the complainant on the same cause of action under C.C. No.89 of 2020 was dismissed as withdrawn vide order dated 3.10.2023 of this Commission. It was withdrawn by the complainant on the statement of the opposite parties stating that an amount of Rs.1,14,537/- has been waived off from the outstanding amount of the disputed bill.

10.     In the present complaint the complainant as challenged the electricity bill of the same connection placed at Ex.C2 for Rs.32,896/- issued in 2023.

11.     Opposite parties in their written reply denied all the allegations and stated that the present bill dated 27.09.2023 which is placed at Ex.OP-4 was due for payment of Rs.32,610/-. It has been argued by the counsel for the opposite parties this amount is the actual consumption charges after the amount of Rs.1,14,537/- was waived off relating to the bill upto 31.12.2021 and not paid upto 06/2022.

12.     The counsel for the complainant has argued that this amount is illegal and not recoverable but the complainant has not placed on record receipt of payment made after 06/2022 and failed to prove with the cogent evidence that the amount in dispute is not recoverable. On the other hand the payment details placed at Ex.OP-5 to Ex.OP-20 by opposite parties shows that the complainant has only deposited two electricity bills after 06/2022.

13.     In view of the above we are of the considered opinion that the complainant is liable to pay the genuine electricity consumption charges as per Ex.OP-4 which includes the unpaid arrears of the previous electricity bills of the complainant. Hence, we find no merit in the present complaint. Accordingly, the present complaint is hereby dismissed with no order as to costs.

14.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.  

                               (Lalit Mohan Dogra)

                                                                         President

Announced:                                          (B.S.Matharu)

March 11, 2024                                             Member

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