Complaint No: 225 of 2022.

      Date of Institution: 03.11.2022.

             Date of order: 20.09.2023.

Chaman Lal S/o Tara Singh resident of 147/10, Jail Road, PUDA Avenue, Gurdaspur, Tehsil and District Gurdaspur.

                                                                                                                                                    .....Complainant.

           VERSUS

1.       Punjab State Power Corporation Ltd. The Mall Patiala, through its Chief Managing Director. Pincode-147001.

2.       S.D.O Punjab State Power Corporation Ltd. Sub Urban Sub Div. Gurdaspur, Tehsil and District Gurdaspur. Pincode-143521.

                                                                                                 .....Opposite parties.                                                                                                                                                                         

                                 Complaint Under section 35 of the Consumer Protection Act.

Present: For the Complainant: Sh.R.K.Kashyap, Advocate.

   For the Opposite Parties: Sh.Sandeep Ohri, Advocate.

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

ORDER

Bhagwan Singh Matharu, Member

          Chaman Lal, 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. and others (here-in-after referred to as 'opposite parties).

2.       Briefly stated, the case of the complainant is that the complainant installed/ running a domestic electricity connection bearing A/c No. 3003343453 in his name. It is further pleaded that complainant is using electricity energy and is paying its regular bill as per consumption as such the complainant is the consumer of the opposite parties. It was alleged that on 24.7.2022 suddenly power of electricity supply of the complainant was stopped and the complainant complained through phone to the opposite party No. 2 and some employee of the opposite party No.2 visited the spot and checked the meter and asked that the meter of the complainant was burnt and the employee of the opposite party had written on the back side of the bill that the block of meter was burnt and also the employee of opposite party No.2 gave the direct supply of the electricity to the complainant since 24.7.2022. It was further alleged that the complainant on 27.7.2022 moved an application for changing the burnt meter with new one and also paid Rs.613/- to the opposite party No. 1, but till date the opposite parties failed to install the new meter. It was further alleged that on 26.09.2022 the opposite parties issued bill amounting to Rs.9550/- to the complainant which was illegal, arbitrary, null and void and is not binding on the complainant. It is further pleaded that complainant was flabbergasted to see the exaggerated of bill generated by the opposite parties as he ever made such huge consumption of electricity in the past. It was further alleged that after receiving the above said bill the complainant approached the opposite party No. 2 and requested to inquire about the bill dated 26.9.2022 but the opposite party No. 2 linger on the matter with one pretext or the other but again the opposite parties issued bill dated 26.9.2022 amounting to Rs.20,990/- to the complainant which is illegal, arbitrary, null and void and is not binding on the complainant. It is further pleaded that after the receipt of the bills dated 26.9.2022 the complainant approached the opposite parties for the explanation of exaggerated amount of Rs.9550/- and Rs.20,990/- levied in the bill, but no explanation was given to the complainant which is deficiency in services on the part of the opposite parties. It is further pleaded that opposite party No.2 has threatened that they will disconnect the electricity supply of the complainant if he fails to deposit the bills in dispute with the opposite party. It is further pleaded that 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. It is further pleaded that 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 the bills dated 26.09­.2022 amounting to Rs.9550/- and Rs.20,990/- be set aside and fresh bill as per consumption be issued 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 no cause of action to file the present complaint. It is further pleaded that the complainant has no locus standi to file the present complaint and the complaint of the complainant is not within limitation. It was submitted that the meter found burnt and has been changed. It was pleaded that the bills issued by the opposite parties are legal and valid. It is further pleaded that matter of fact is that the complainant has not disclosed the fact that he increased his load and the sanctioned load of the complainant has been increased. It is further pleaded that after that the meter has been burnt and the average bills have been sent on the basis of new sanctioned load. So the demand made by the opposite parties is legal and valid.

          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 tendered into evidence affidavit of Chaman Lal, (Complainant) as Ex.C-1 along with other documents as Ex.C-2 to Ex.C-10.

5.       Learned counsel for the opposite parties has tendered into evidence affidavit of Sh. H.S. Bajwa, (S.D.O, P.S.P.C.Ltd., Sub - Division Sub Urban Gurdaspur) as Ex.OPW-1/A along with other documents as Ex.OP-1 to Ex.OP-7.

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.       Briefly put material facts giving right to filing of the present complaint was, the electricity bill dated 26.9.2022 amounting to Rs.20,990/- issued by opposite parties to the complainant bearing A/c No.3003343453 which is placed as Ex.C8. There is previous year arrears of the amount of Rs.9550/- added in the disputed bill. Complainant alleged that this exaggerated bill is illegal, arbitrarily, null & void and prayed to set aside the same. It is further pleaded by the complainant that the meter of this electric connection was burnt on 24.07.2022 and he has deposited requisite amount for its replacement on 27.07.2022 as per Ex.C7. Complainant has also placed on record copies of various deposits receipts as Ex.C2 to Ex.C5 as proof of normal bill amount which varies from Rs.1,090/- to Rs.2,280/-.

10.     Opposite parties in their written statement denied all the allegations and stated that the said amount was the average bill for the period of meter remained burnt, charged on the basis of new sanctioned load proportionately as the complainant got his load increased. Opposite parties have placed on record copy of load change order, device replacement, copy of bill dated 25.07.2021 and 24.07.2022 and consumption detail as Ex.OP-1 to Ex.OP-7. From the copies bills dated 25.07.2021 and 24.07.2022 it is clear that the load of this connection was increased from 1.206 KW to 4.906 KW.

11.     From the meter reading detail placed as Ex.OP-6 by the opposite parties it is clear that the meter remained burnt from 07/2022 to 12/2022. The electricity consumption pattern shows that there is no extraordinary change in the consumption after the increase in the load as it varies from 200 to 500 units in the year 2020 and it is almost similar in the arrears of 07.2021 to 07/2022 when there was increase in the load.

12.     Hence, revision of the consumption of previous year merely on the basis of proportionate increase in load does not seems to be justified. Moreover, no calculation sheet has been placed on record by the opposite parties to justify their claim. Further, if the arrears were to be charged then separate notice was required to be issued as per Electricity Supply Code, 2014, Regulation 30.1.2 which is read as under:-

• “The bill cum notice for arrears in the case of under assessment or the charges levied as a result of checking etc. shall be initially tendered separately and shall not be clubbed with the current electricity bill.”

Further as per regulation 21.5.2, there is definite procedure laid down to deal with the cases of defective/burnt meter regarding charging of units for overhauling of accounts which read as under "21.5.2. Defective (other than inaccurate)/Dead Stop/Burnt/Stolen Meters

                    The accounts of a consumer shall be overhauled/billed for the period meter remained defective/dead stop and in case   of burnt/stolen meter for the period of direct supply subject to maximum period of six months as per procedure given below:

          a)       On the basis of energy consumption of corresponding period of previous year.

          b)      In case the consumption of corresponding period of the  previous year as referred in para (a) above is not available, the     average monthly consumption of previous six (6) months during which the meter was functional, shall be adopted for overhauling of accounts.

          c)       If neither the consumption of corresponding period of previous year (para-a) nor for the last six months (para-b) is     available then average of the consumption for the period the meter worked correctly during the last 6 months shall be taken  for overhauling the account of the consumer.

          d)      Where the consumption for the previous months/period as referred para (a) to para (c) is not available the consumer  shall be tentatively billed on the basis of consumption assessed  as per para -4 of Annexure-8 and subsequently adjusted on the basis of actual consumption recorded in the corresponding period of the succeeding year.

          e)       The energy consumption determined as per para (a) to (d) above shall be adjusted for the change of load/demand, if           any, during the period of overhauling of accounts”.

13.     A separate notice was required to be issued to charge said amount but opposite parties failed to comply with the above said regulation and also fails to justify the amount charged on the basis of increase in load. Hence it amounts to deficiency in service on the part of the opposite parties.

14.     So, we are of the opinion that while overhauling the amount of the complainant the consumption pattern of previous year should have been considered which has been ignored by the opposite parties. So, the charging of the amount of Rs.9550/- as arrears in the bill dated 26.09.2022 is totally unjustified.

15.     In view of the aforesaid discussion, and considering the facts of the case we partly allow the present complaint and amount of Rs.9550/- charged as arrears in the disputed bill dated 26.09.2022 is hereby set aside being not recoverable and opposite parties are directed to correct the disputed bill accordingly. No order as to costs.

16.     The complaint could not be decided within the stipulated period due to heavy pendency of Cases and vacancies in the office.

17.     Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                       

   (Lalit Mohan Dogra)

                                                                             President  

Announced:                                               (B.S.Matharu)

Sept. 20, 2023                                                  Member

YP