Punjab

Faridkot

CC/18/201

Suraj Parkash - Complainant(s)

Versus

PSPCL - Opp.Party(s)

Ranjit Singh

24 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

                                                    C. C. No :              201 of 2018

Date of Institution :      07.12.2018

Date of Decision :        24.09.2019

Suraj Parkash aged about 70 years s/o Vasakha Singh, r/o Street No.1, Dashmesh Nagar, Faridkot, Tehsil and District Faridkot.

                                                             ...Complainant

Versus

1. Punjab State Power Corporation Ltd., through its Chairman cum Managing Director, The Mall, Patiala.
2. Assistant Executive Engineer, DS City Sub Division, Punjab State Power Corporation Ltd., Faridkot.                     

   .........Ops

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum: Sh  Ajit Aggarwal, President,

                Smt Param Pal Kaur, Member.

Present: Sh Ranjit Singh, Ld Counsel for complainant,

    Sh M S Brar, Ld Counsel for OPs.

ORDER

 (Ajit Aggarwal, President)

                                           Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Punjab

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State Power Corporation Ltd etc/Ops seeking directions to Ops to withdraw the impugned bills and for further directing them to pay Rs.50,000/- as compensation for harassment and mental agony suffered by complainant besides litigation expenses of Rs.20,000/-.

2                                           Briefly stated, the case of the complainant is that he is having domestic supply electric connection bearing a/c no 3000386515 running in his premises and he is paying all the bills regularly as and when received and nothing is due towards him on account of consumption charges. It is submitted that sanctioned load of complainant was 2.560 KW which he extended to 4.87 KW by depositing requisite charges on 23.05.2018. On 14.05.2018, he received bill for Rs.4519/- for 538 units which was duly paid by him. Complainant again received bill dt 20.09.2018 for Rs.2,74,350 for 31095 units  which was very excessive. On receiving the same, complainant approached the office of OP and requested them to correct the bill. OPs assured to correct the same, but did not do anything. It is submitted that meter of complainant was burnt. Complainant reported the matter to OPs, who checked the same and got deposited Rs.520/-from him and changed his meter. Thereafter, he received bill dated 22.11.2018 for RS.3,04,330/-for 2509 units for the period from 12.09.2018 to 22.11.2018 which included Rs.2,82,727/- as arrears of current year. Complainant again approached OPs and requested them to correct the same and prayed that bills issued on 20.09.2018 and 22.11.2018 are very excessive and includes the

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previous arrear, but they flatly refused to hear his genuine requests and did not correct the same, rather threatened to disconnect his electric connection, if he fails to pay the entire amount in time, which amounts to deficiency in service on the part of OPs and this act and conduct of Ops has caused great inconvenience, harassment and mental tension to him for which he has prayed for seeking directions to Ops to withdraw the demand of sundry charges and prayed for compensation for harassment and mental agony suffered by him besides litigation expenses. Hence, this complaint.

3                                                           Counsel for complainant was heard with regard to admission of the complaint and vide order dt 11.12.2018, complaint was admitted and notice was ordered to be issued to the opposite parties.

4                                               On receipt of the notice, the opposite parties filed written statement wherein admitted that bill dated 20.09.2018 for Rs.2,74,350/-was issued by them for 118 days for 31095 units. It is averred that meter was sent to ME Lab Moga for checking where it was found that two number ME seals were missing, scratches were also found on counter figure and counter plate of meter and complainant was controlling the consumption. Theft under Section 135 of Electricity Act 2003 was declared and checking report was prepared. It is also admitted that bill dated 22.11.2018 for Rs.3,04,330/-for 2509 was issued. Meter of

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complainant was removed on reading of 89938 units and complainant had paid upto 89803 units. Final reading was 135 units and new meter was installed on 18.09.2018 with initial reading of 2 units and consumption from 12.09.2018 to 22.11.2018 was of 2509 units and in this way, reading of 2374 units of the new meter plus 135 old reading alongwith arrears of previous arrears were added in bill. All this amount is  correctly charged as per rules and regulations and complainant is liable to pay the same. All the other allegations and the allegation with regard to relief sought too are denied being wrong and incorrect. It is further submitted that there is no deficiency in service on the part of OPs and prayed for dismissal of complaint with costs.

5                                              Parties were given proper opportunities to produce evidence to prove their respective case. Counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to Ex C-7 and closed the same.

6                                               In order to rebut the evidence of the complainant, ld Counsel for OPs tendered in evidence affidavit of Gaurav Kakkar Ex OP-1 and documents Ex OP-2 to OP-14 and then, closed the evidence.

7                                              We have heard the ld counsel for complainant and Opposite Parties and have carefully gone through the evidence produced on file.

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8                                                From the careful perusal of documents and evidence placed on record and after going through the arguments advanced by complainant counsel, it is observed that case of the complainant is that complainant is having  electric connection issued by Ops and he is the consumer of OPs and has been paying all the bills regularly as and when received and nothing is due towards him. The grievance of complainant is that OPs issued him excessive bills. Complainant challenged the meter and on his request, OPs changed the meter and sent the same to ME Lab for checking. Grievance of complainant is that OPs did not issue him any letter regarding checking of meter and OPs got conducted the checking of meter in his absence without any prior intimation to him and issued bills which contained previous arrear. Amount of Rs.2,78,916/-for 31095 units and Rs.3,04,330/-for 2509 units charged by OPs in impugned bills dated 20.09.2018 and 22.11.2018 respectively is highly excessive and despite repeated requests, OPs did not correct the bill and have failed to redress his grievance. Complainant has prayed for directions to OPs to withdraw the bills dated 20.09.2018 and 22.11.2018. In reply, plea taken by OPs is that  on request of complainant they changed his meter. With due consent given by representative of meter for sending the meter to M E Lab for checking, it was found after checking the meter in M E Lab that meter of complainant was tampered and he was controlling consumption reading. It  was removed on reading of 89938 units and complainant had paid upto

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89803 units. Final reading was 135 units and new meter was installed on 18.09.2018 with initial reading of 2 units and consumption from 12.09.2018 to 22.11.2018 was of 2509 units and as per reading of 2374 units of the new meter plus 135 old reading alongwith arrears of previous arrears, bills were issued. Amount charged in bills dated 22.11.2018 also contains arrears of Rs.2,82,727/- and there is no illegality in said bill. This amount is due towards complainant and he is liable to pay the same. There is no deficiency in service on the part of OPs and prayed for dismissal of complaint.

9                                Now, it is admitted case of the parties that complainant is consumer of OPs having electric connection in his premises. It is further admitted that Ops issued bills dated 20.09.2018 and 22.11.2018 for Rs.2,78,916/- and Rs.3,04,330/- which includes arrears of previous bills. Ld counsel for complainant has brought our attention towards document Ex OP-4 i.e copy f bill issued on 20.09.2018, bare perusal of which reveals that 31095 units of power consumption reading for the period from 17.05.2018 to 12.09.2018 for 118 day, is highly excessive and it is unbelievable that 31095 units can be consumed in domestic supply in such a short duration of time. It is observed that average consumption of complainant is quite less than 31095 units and reading of 31095 units. Moreover, meter of complainant was burnt and on his request it was changed by OPs, but OPs issued further bills on the basis of incorrect reading recorded by defective meter, which is not

 

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appropriate.  Meter of complainant was not recording correct consumption but Ops issued bills on the basis of incorrect reading of excessive units recorded by said defective meter, which OPs have themselves admitted that they changed. As per the rules and regulations if there is any defect in the electric meter and not recording consumption than the consumption shall be charged on the basis of average of last year.  The relevant regulations of PSPCL given in section 21.04 (g) (ii) of Electricity Supply Code and Related Matters Regulations 2007 vide notification no.PSERC/Secy/Regu.31 dated June, 29, 2007 are reproduced as hereunder:

                                       “The account of a consumer will be overhauled for the period a defective meter remained at site and for the period of direct supply, on the basis of energy consumption of the corresponding period of the previous year after calibrating for the changes in load, if any. In case the average consumption for the corresponding period of previous year is not available then, the consumer will be tentatively billed for the consumption to be assessed in the manner indicted in para-4 of Annexure-8 and subsequently adjusted on the basis of actual consumption in the corresponding period of the previous/succeeding year. ’’

10                                      In the instant case, the average consumption for the corresponding period of the previous year must be available with the  

 

 

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Ops, so in view of aforementioned section 21.4 (g) ( ii) of Electricity  Supply Code and Related Matters Regulations 2007, the consumer will be

 tentatively billed for the consumption to be assessed in the manner  indicated in Para-4 of Annexure-8 and subsequently adjusted on the basis of actual consumption in the corresponding period of previous year.

11                                              Therefore, from the above discussion, we are of the considered opinion that Ops have wrongly issued bills on the basis of incorrect reading recorded by defective meter and demand for amount of Rs.2,74,350/- raised by Opposite Parties vide bill dated 20.09.2018 for 31095 units is inappropriate, which amounts to deficiency in service on the part of OPs. We are fully convinced with the arguments and case law produced by complainant and hence, complaint in hand is hereby allowed.  Ops are directed to withdraw the demand of Rs. 2,74,350/-  for 31095 units raised by Opposite Parties vide bill dated 20.09.2018. Opposite Parties are ordered to overhaul the electric connection account of complainant and to charge the consumption charges on average basis as per consumption of previous year for the corresponding months available with them. The Ops are further directed to adjust the amount of Rs.30,000/-, if deposited by complainant with them in compliance of order dated 11.12.2018 passed by this Forum. Compliance of this order be made within one month of receipt of the copy

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of the order, failing which complainant shall be entitled to proceed under Section 25 and 27 of the Consumer Protection Act. Copy of order be supplied to parties free of cost. File be consigned to record room.

Announced in Open Forum

Dated : 24.09.2019                                                                              

(Param Pal Kaur)                (Ajit Aggarwal)

                                           Member                           President