BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMRITSAR.
Consumer Complaint No. 909 of 2018
Date of Institution: 13.11.2018
Date of Decision: 28.9.2021
Mr. Charanjit Singh S/o Sh. Jagjit Singh R/o Gali Murgikhana, Bhai Manj Road, Chattiwind, Amritsar
Complainant
Versus
Punjab State Power Corporation Ltd., Through its Chairman, The Mall, Patiala service through AEE Chattiwind Sub Division, Amritsar
Opposite Party
Complaint under section 12 & 13 of the Consumer Protection Act, 1986 ( now u/s 35 of the Consumer Protection Act, 2019
Result : Complaint dismissed
Cases referred:-
Counsel for the parties :
For the Complainant : Sh.Deepinder Singh,Advocate
For the Opposite Party : Sh. Talwinder Singh,Advocate
CORAM
Mr. Jagdishwar Kumar Chopra, President
Mr.Jatinder Singh Pannu, Member
ORDER:-
Mr. Jagdishwar Kumar Chopra, President :-Order of this commission will dispose of the present complaint filed by the complainant u/s 12 & 13 of the Consumer Protection Act, 1986 (now covered u/s 35 of the Consumer Protection Act, 2019).
Brief facts and pleadings
- Brief facts of the complaint are that complainant is having an electric connection for his small work of submersible pumps which he is running exclusively for earning his livelihood by means of self employment having account No. 300456930. The complainant is making payment of all the bills raised on him for the electricity consumption from time to time. Now the opposite issued bill dated 1.11.2018 for arrears of Rs. 87090/- in the name of husband of previous owner of the land where the premises of the complainant is situated which was bought by the complainant on 4.4.2013 and at that relevant time no electricity connection was installed and the complainant applied for fresh electric connection in year 2016 and was allotted at that time after duly verifying that there were no arrears on the said land. Opposite party officials are now threatening the complainant to add the said impugned amount of Rs. 87090/- in the said bill dated 1.11.2018 allegedly pertaining to account No. 3002568152 in the current bill of the complainant having account No. 3004562930. The complainant time and again visited the opposite party officials to not to demand the said alleged demand which does not pertain to him and even otherwise time barred. The aforesaid act of the opposite party in demanding the illegal amount from the complainant without providing any details amounts to deficiency in service, mal practice, unfair trade practice and has caused lot of mental agony, harassment, inconvenience besides financial loss to the complainant. Vide instant complaint, complainant has sought for the following reliefs:-
- Opposite party be directed not to demand the impugned demand of Rs. 87090/- in the said bill dated 1.11.2018 allegedly pertaining to account No. 3002568152 in the current bill of the complainant having account No. 3004562930 and to refund any impugned amount paid during the pendency of the complaint with interest from the date of payment till realization and issue the correct bills as per the previous consumption data ;
- Compensation to the tune of Rs. 40,000/- may also be awarded to the complainant.
- Opposite party be also directed to pay adequate litigation expenses to the complainant.
- Any consequential relief for which the complainant is found entitled to may also be awarded to them ;
Hence, this complaint.
2. Upon notice, opposite party appeared and filed written version taking certain preliminary objections therein inter alia that complainant has not come to the court with clean hands and had suppressed the material facts from the knowledge of this Forum ; that present complaint is premature, as such the same is not maintainable and liable to be dismissed; that no notice had been issued in the name of the complainant, as such the complainant has no cause of action o file the present complaint. On merits, it was submitted that an electric connection bearing account No. 3004562930 is released in the name of the complainant. It was further submitted that the present complaint is premature as no notice had been issued in the name of the complainant, as such the complainant has no locus standi to file the present complaint. It was denied that complainant is regularly making the consumption charges. There is no threat to the complainant . No sort of any deficiency in service, malpractice, unfair trade practice had been committed by the department. While submitting that no notice had been issued in the name of the complainant, as such no cause of action arose in favour of the complainant and while denying and controverting other allegations, dismissal of complaint was prayed.
Evidence of the complainant and Arguments
3. Alongwith the complaint, complainant has filed his affidavit Ex.C-1, copy of bill Ex.C-2, copy of sale deed Ex.C-3, copy of bill dated 24.3.2018 Ex.C-4 and closed his evidence.
4. We have heard the Ld.counsel for the parties and have carefully gone through the record on the file. Ld.counsel for the complainant has suffered a statement that the contents of the complaint be read as part and parcel of written arguments. We have also gone through the written arguments submitted by the opposite party.
Findings
5. From the appreciation of the facts and circumstances of the case , it stands proved on record that complainant is having an electric connection bearing account No. 300456930. It was the case of the complainant that opposite issued bill dated 1.11.2018 for arrears of Rs. 87090/- in the name of husband of previous owner of the land where the premises of the complainant is situated which was bought by the complainant on 4.4.2013 and at that relevant time no electricity connection was installed and the complainant applied for fresh electric connection in year 2016 and was allotted at that time after duly verifying that there were no arrears on the said land. It was the case of the complainant that opposite party threatening the complainant to add the said impugned amount of Rs. 87090/- in the said bill dated 1.11.2018 allegedly pertaining to account No. 3002568152 in the current bill of the complainant having account No. 3004562930. On the other hand the only plea of the opposite party is that present complaint is pre-mature as no notice had been issued in the name of the complainant.
6. From the appraisal of the evidence particularly bill dated 1.11.2018 Ex.C-2 it is clear that the said bill was issued in the name of Jaspal Singh, husband of previous owner from whom the complainant has purchased the property on 4.4.2013 vide sale deed Ex.C-3. The only case of the complainant is that opposite party threatening the complainant to add the said impugned amount of Rs. 87090/- of said bill dated 1.11.2018 allegedly pertaining to account No. 3002568152 in the current bill of the complainant having account No. 3004562930. So no cause of action has arisen to the complainant untill the said impugned amount of Rs. 87090/- is added in the bill of the complainant having account No. 3004562930 and the complainant can only file the complaint when the opposite party adds the impugned amount of Rs. 87090/- of bill dated 1.11.2018 pertaining to account No. 3002568152 in the account of the complainant bearing account No. 3004562930 and till then no cause of action arose to the complainant and as such the complaint is premature.
7. In view of the above discussion, we find no merit in the present complaint being premature , as such the same is hereby dismissed with no order as to costs. The complainant is at liberty to file the complaint when the said impugned amount of Rs. 87090/- of bill dated 1.11.2018 pertaining to account No. 3002568152 added to the account of the complainant bearing account No. 3004562930. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission.
Announced in Open Commission (Jagdishwar Kumar Chopra) President
Dated:28.9.2021
(Jatinder Singh Pannu)
Member
