BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.135 of 2019

      Date of Instt. 03.05.2019

      Date of Decision: 25.10.2024

Sham Lal s/o Sh. Veeram Dass aged about 51 years r/o 619, Mohalla Boharwala, Abadpura, Jalandhar City.

..........Complainant

Versus

1.       Punjab State Power Corporation Ltd., Head Office, The Mall, Patiala through its CMD.

2.       Punjab State Power Corporation Ltd., Model Town Commercial,      Sub-Division-2, Boota Mandi, Jalandhar City, through its     SDO/AEE.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                                      (Member)

Present:       Sh. Arvind Sharda, Adv. Counsel for Complainant.

                   Sh. SKS Chhabra, Adv. Counsel for OPs.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant has taken domestic supply electricity connection from the OPs under account No.3002100128 with a connected load of 1KW. The complainant had been paying regularly energy consumption bills to the OPs and nothing is due to be paid out of the regular energy consumption bills to the OPs. The complainant belongs to scheduled caste community so he is entitled for 200 units of free electricity per month, as per the scheme of Punjab Government. The complainant is charged on bimonthly energy consumption charged by the OPs. Accordingly, the complainant is entitled for 400 units of electricity per billing period. That of late, the complainant had been receiving inflated bills in respect to energy consumption charges of the aforementioned electricity connection. In this regard, the complainant had been verbally making complaints to the OPs, but to no avail. Ultimately, the complainant made a written complaint dated 27.10.2017 to the OP No.2. The OP No.2 asked the complainant to challenge the old meter by making payment of Rs.120/-. Accordingly, on 12.12.2017 the complainant made payment of Rs./120/- with the OPs towards meter challenge fee. Even after the deposit of the meter challenge fee by the complainant, the OPs did nothing to remove the fast running faulty meter from the residential premises of the complainant and check the same at the ME Lab after giving prior notice to the complainant. The OPs had deliberately let the faulty meter running at the premises of the complainant. The complainant had many a time requested the OPs to install a new meter and also remove the old meter but of no avail. On the contrary, the OPs are raising energy consumption bills arbitrary against the rules. The complainant has raised an energy consumption bill dated 11.04.2019 for an amount of Rs.1,63,792/- to be paid by 26.04.2019. After receiving the impugned bill, the complainant approached the OP No.2 with the request to get the fast running meter checked at ME Lab, before raising such a huge amount from the complainant. To this, the OP No.2 has advised the complainant that in case the said electricity bill was not deposited by the complainant in time, the supply of electricity to the premises of the complainant would be disconnected. The impugned bill dated 11.04.2019 has not been issued on the basis of correct consumption of units of electricity and is illegal, null and void and is liable to be quashed and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to quash the regular energy consumption bill dated 11.04.2019 amounting to Rs.1,63,792/- and charge the complainant on the basis of correct consumption of electricity. Further, OPs be directed to pay a sum of Rs.22,000/- to the complainant towards compensation for causing mental tension and harassment and Rs.11,000/- as litigation expenses.

2.                Notice of the complaint was given to the OPs, who filed reply and contested the complaint by taking preliminary objections that the complaint filed by the complainant is false, frivolous and vexatious to the knowledge of the complainant and has been filed just to harass the OP and has been filed just to delay of making the payment due towards the complainant, as such, the complaint filed by the complainant is liable to be dismissed It is further averred that the complaint filed by the complainant is bad for mis-joinder and non-joinder of the necessary parties. Moreover the complainant not stated the true facts in the complaint and the story narrated in the complaint is concocted and cooked-up story and has not been made just to know the soft corner of the Forum. It is further averred that the no cause of action  has arisen to the complainant to file the present complaint against the OPs. It is further averred that the complainant has not approached the Forum with clean hands. On merits, it is admitted that the complainant is the consumer of the electricity connection no.3002100128, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.

4.                In order to prove their respective versions, both the parties have produced on the file their respective evidence.

5.                We have heard the learned counsel for the respective parties and have also gone through the case file as well as written arguments submitted by the counsel for the complainant very minutely.

6.                The complainant has proved that he belongs to scheduled caste community. The certificate has been proved as Ex.C-1. It is not disputed that the complainant is the consumer of the electricity connection under account No.3002100128. The complainant has alleged that as per the scheme of the Punjab Govt., the persons belonging to scheduled caste community are entitled for 200 units of free electricity per month. The complainant has claimed the 400 units of electricity for two months i.e. for per billing period for two months. The complainant has proved on record application written to the OP Ex.C-2 making request that his meter is running very fast as per the information given by the Meter Reader, and made request to get the same checked. This application was moved by him on 27.10.2017 and the same was received by the OP as there is a stamp on the Ex.C-2. The allegations of the complainant are that despite making the request and depositing the fee Ex.C-4, his meter was neither checked nor any new meter was installed nor any action was ever taken by the OP rather the bill was sent to the complainant Ex.C-3 for Rs.1,60,580/-. Perusal of Ex.C-3 shows that there are no arrears of the previous year and the current year arrears have been shown as Rs.2146/-. This bill was for 58 days meaning thereby for less than two months.

7.                The OP has alleged that there is no illegality rather the bill was sent for the consumption made by the complainant and the complainant has filed false complaint. As per regulation 21.36 B of Electricity Supply Code, on receipt of the information or complaint, the OPs are supposed to check the meter either at site or at laboratory within seven days on payment of fee by the consumer. The complainant has deposited the amount of Rs.120/- vide Ex.C-4, but till filing of the present complaint, the meter was neither got checked nor sent to ME Lab. No consumption data of the complainant has been proved by the OP nor this is the case of the OP that the meter was sent to ME Lab for checking. The OPs have failed to prove that the meter was accurate and there was actual consumption by the complainant. The OPs have not followed the regulation 21.36 of Electricity Supply Code and Related Matters Regulation 2014. The complainant has alleged that meter was not showing the actual consumption of electricity as it was running fast, therefore, the bill has been challenged. Since, the OP has failed to prove that the meter was accurate and they have checked the meter and got tested the accuracy of the meter, therefore, the deficiency in service and unfair trade practice by the OP has been proved and the bill dated 11.04.2019 is hereby set-aside being wrong and illegal and thus, the complainant is entitled for the relief.

8.                In view of the above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to quash the regular energy consumption bill dated 11.04.2019 amounting to Rs.1,63,792/- and charge the complainant on the basis of correct consumption of electricity as per provisions of Electricity Supply Code and Related Matters Regulation 2014 and as per rules. Further, OPs are directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.8000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

9.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.  

Dated                                         Jyotsna                       Dr. Harveen Bhardwaj     

25.10.2024                      Member                               President