DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT, AT AMRITSAR, PUNJAB.

Complaint Case No : RBT/CC/2018/178

Date of Institution   : 09.03.2018/29.11.2021

Date of Decision    : 20.06.2022

Smt. Gurjit Kaur wife of Sh. Harbir Singh resident of House No. 424, Darshan Avenue, Sultanwind Pind, Amritsar. 

                 …Complainant Versus

Punjab State Power Corporation Ltd., through its Sub Divisional Officer/AEE/Any other authorized person, Sub Division Industrial Commercial, Amritsar. 

              …Opposite Party

Complaint Under Section 11 & 12 of Consumer Protection Act, 1986

Present: Sh. Neeraj Brahmi Adv counsel for complainant.

Sh. B.S. Rajput Adv counsel for opposite party. 

Quorum:-

1. Sh. Ashish Kumar Grover : President

2.Smt. Urmila Kumari   : Member 

(ORDER BY URMILA KUMARI MEMBER): 

1. The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant has filed the present complaint Under Section 11 & 12 of the Consumer Protection Act, 1986 (as amended upto date) against the PSPCL (hereinafter referred as opposite party)

2. Brief facts of the case are that the complainant is consumer of the electricity connection installed at his residential premises vide Account No. 3002478934 having load of 2.96 KW. The meter of the complainant is installed outside her house in a wooden box and keys of the meter box are lying with the opposite party. The complainant is paying the electricity charges regularly. However, she surprised to receive the bill dated 17.2.2018 wherein Rs. 68,958/- alongwith other charges were demanded from the complainant as arrears of current year and Rs. 68,810/- alongwith other charges were demanded from the complainant as arrears of previous years. No inspection of premises was ever done by the opposite party and even no opportunity of being heard was given nor the details of the amount was given so the amount claimed in the bill dated 17.2.2018 is without any basis. Earlier in the month of October 2017 the opposite party vide bill dated 20.10.2017 demanded Rs. 45,596/- alongwith other charges from the complainant arrears of current year and Rs. 68,810/- alongwith other charges were demanded as arrears of previous years. The complainant approached the opportunity party and requested the opposite party to rectify the bill and also apprised the opposite party that even the meter is running very fast and is not giving correct reading. The opposite party admitted their fault and apprised the complainant that inadvertently due to some fault wrong amount has been added in the bill and the bill dated 20.10.2017 will be rectified but now they have raised illegal demand in the bill dated 17.2.2018. Further, in the month of February 2018 the opposite party removed the meter installed outside the house of the complainant without any prior intimation and no new meter was installed in place of the same and disconnected the electricity supply and as such she has been deprived of the basic amenities. It is settled law that it was the duy of the officials of the opposite party to properly pack and seal the meter which was removed from the premises of the complainant and also to obtain the signatures of the complainant on the paper seals affixed on the meter at the time of removal but they neither packed nor sealed the meter nor the signatures of the complainant were obtained on the paper seals. The opposite party has raised illegal and unlawful demand which is deficiency in service and unfair trade practice on their part. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite party may be directed to withdraw Rs. 68,958/- i.e. arrears of current year alongwith other charges and Rs. 68,810/- i.e. arrears of previous year alongwith other charges as mentioned in thebill dated 17.2.2018 or in the alternative the said amount may please be quashed and said bill may be ordered to be set aside. 

2) To install the new electricity meter and restore the electricity supply in the premises of the complainant.    

3) To pay Rs. 20,000/- on account of compensation for mental agony and harassment and costs of proceedings. 

4) Any other relief to which the complainant is found entitled.

3. Upon notice of this complaint, the opposite party appeared and filed written statement taking preliminary objections interalia on the grounds of no locus standi, maintainability and estoppal. 

4. On merits, it is submitted that the complainant is habitual defaulter of electricity bills and till date she has not deposit the consumption bill in time. In the month of July 2015 the previous outstanding in the account of the is 28450 and current bill is 43640 but the complainant not deposit the bill and after that she have not deposited the bill February 2016 and bill up to February 2016 is 80650/- and after that she deposit an amount of Rs. 25,000/- on 21.3.2016 and after that again not deposited the bill Feb 2017 and amount in account is Rs. 131730/- and then she deposited the amount of Rs. 50,000/- to the opposite party and after that she did not pay any bill to the opposite party till December 2017 and amount in her account is Rs. 1,60,490/- is outstanding against the complainant. As per order of this Commission she deposited an amount of Rs. 55,000/- to the opposite party on 4.4.2018. The complainant is not deposited the amount of electricity bills in time so all the previous bills amount has been mentioned in the sundry account. The opposite party rightly issued the bill dated 17.2.2018 to the complainant as the complainant is habitual defaulter and very well known about the payment. All the bill is correct as per consumption of the complainant. The complainant has right to challenge the meter in ME lab but she has not give any application in this regard. The connection of the complainant was disconnected vide PDCO No. 100000985093 duly effected on 12.2.2018 on account of defaulting amount and reading shown in the PDCO 44990 as per record. As such, there is no deficiency in service on its part and prayed for the dismissal of complaint. 

5. In order to prove the case complainant tendered into evidence her affidavit Ex.C-1, copy of bill Ex.C-2 and closed evidence.   

6. To rebut the case of complainant the opposite party tendered into evidence affidavit of Vipan Kumar Ex.O.P-1, calculation sheet Ex.OP-2, payment detail Ex.OP-3, consumption data Ex.OP-4 and closed the evidence. 

7. We have heard the Ld. Counsel for the parties and have gone through the documents placed on record by the parties. 

8. It is alleged by the complainant that she has a DS connection with Account No. 3002478934 and load of 2.96 KW. The complainant received a bill dated 17.2.2018 wherein Rs. 68,958/- alongwith other charges were claimed from the complainant as arrears of current year and Rs. 68,810/- alongwith other charges as arrears of previous year. According to the complainant the bill dated 17.2.2018 is false, frivolous and without any basis. It is also alleged by the complainant that the meter is running very fast and is not giving correct reading. In the month of February 2018 the opposite parties removed the meter installed outside the house of the complainant.

9. The opposite parties replied that the complainant is a habitual defaulter and has never deposited the consumption bills well within time. The opposite parties reported that Rs. 1,60,490/- was outstanding against the complainant till December 2017. The complainant made payment of Rs. 25,000/- on 21.3.2016 and Rs. 50,000/- in March 2017 as per Ex.OP-3. As per orders dated 12.3.2018 of District Consumer Disputes Redressal Commission, Amritsar she deposited Rs. 55,000/- (30% of the disputed amount) with the opposite parties on 4.4.2018 as per Ex.OP-3 for the restoration of the meter. The opposite parties have given the detail of the bills issued to the complainant as per Ex.OP-2. The opposite parties have also attached the consumption data and status of the meter from 17.4.2015 to 16.4.2018 as per Ex.OP-4. The opposite parties have also attached the record of the payment received from the complainant as per Ex.OP-3. As far as meter running fast, the complainant has neither challenged the meter nor deposited the fee for checking of the meter. 

10. From the above discussion, it is clear that the complainant is a habitual defaulter for paying the electricity bills. The electricity bills are regularly issued by the opposite parties to the complainant. The complainant is making the payment of electricity bills occasionally, so there is no deficiency in service on the part of the opposite parties. Accordingly, there is no merit in the present complaint and same is dismissed. However, no order as to costs or compensation. Copy of the order will be supplied to the parties by the District Consumer Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

        20th Day of June 2022

 

            (Ashish Kumar Grover)

            President

 

              (Urmila Kumari)

Member