DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : CC/325/2020

Date of Institution : 02.11.2020

Date of Decision : 18.05.2022

Ujjagar Singh aged about 50 years son of Harchand Singh resident of Ward No. 4, Jhanjiian Patti, Dhanaula, Tehsil and District Barnala. …Complainant

Versus

Punjab State Power Corporation Limited, Dhanaula, through SDO, Sub Division-1, Dhanaula, Tehsil and District Barnala. 

…Opposite Party

Complaint under Section 35 of Consumer Protection Act, 2019.

Present: Sh. Chander Bansal Adv counsel for complainant.

Sh. SK Kotia Adv counsel for opposite party. 

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Smt. Urmila Kumari : Member

3. Sh. Navdeep Kumar Garg : Member

(ORDER BY URMILA KUMARI MEMBER):

    The complainant Ujjagar Singh filed the present complaint under Section 35 of the Consumer Protection Act 2019 against Punjab State Power Corporation Limited, Patiala. (in short the opposite party). 

2. The facts leading to the present complaint as stated by the complainant are that the complainant had DS electricity connection bearing No. L23BR560836N in his house having load of .88 KV. The complainant is using the electricity connection for domestic use and paying the bills regularly to the opposite party. The condition of the meter is shown as O in the bills issued by the opposite party which means correct. In April 2019 the complainant got installed motor in his house and after that the complainant gave application to increase the load from 

.88 KV to 04 KV and deposited the fees of Rs. 3,534/- with the opposite party on 23.4.2019. The electric meter which was installed by the opposite party was changed by them as the body of the same was broken. The meter Reader instructed the complainant to deposit the fee for new meter and complainant deposited fees of Rs. 614/- with the opposite party on 19.7.2019. The opposite party has issued a bill for the period from 24.4.2019 to 30.6.2019 for 67 days of 729 units amounting to Rs. 5,480/- on average basis. Again the opposite party issued the bill for the period from 28.7.2019 to 2.9.2019 for 64 days of 4436 units amounting to Rs. 38,740/- on average basis. The said bills were issued by the opposite party on much higher side and complainant requested the opposite party to reconsider the said bills and opposite party directed the complainant to deposit Rs. 29,450/- against bill of Rs. 38,740/- and threatened the complainant that if complainant had not deposited the bill then the connection will be disconnected by the opposite party. The complainant deposited the amount of Rs. 29,450/- vide receipt dated 9.9.2019. These bills are illegally issued by the opposite party so the amount of said bills is liable to return/adjust. The complainant many times visited the opposite party but they have not given any satisfactory reply. The act of the opposite party is deficiency in service/ Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties are directed to withdraw bill No. 44551982000 for the period from 24.4.2019 to 30.6.2019 of Rs. 5,480/- and bill No. 27798616700 for the period from 28.7.2019 to 2.9.2019 of Rs. 38,740/-.    

2) To pay Rs. 50,000/- on account of compensation for mental agony and harassment. 

3) To pay Rs. 20,000/- as litigation expenses.  

4) Any other fit relief may also be given. 

3. The opposite party filed written reply taking legal objections on the grounds that the complainant has no cause of action against the opposite party and present complaint is not maintainable. The present complaint is bad for mis joinder of necessary parties and complainant is estopped from filing the present complaint by his act and conduct. Further, the complainant has not filed the present complaint with clean hands. 

4. On merits, it is admitted that the complainant is using the said electricity connection for his domestic use. It is also admitted that the complainant gave application to increase the load from .88 KW to 04 KW and deposited fee of Rs. 3,5,34/- with the opposite party on 23.4.2019. It is submitted that the meter of the complainant was broken one and he submitted an application on 18.7.2019 that the meter was broken one and requested to change the same. The meter was checked at the site by the Technical official of the opposite party and found that the block of the meter is broken and price be deposited. The complainant deposited the fee for change of meter. As per rules and regulations of the opposite party MCO was issued on 19.7.2019 and same was delivered to the officials JE/AJE who changed the meter on 12.8.2019. It is admitted that the bill for the period from 24.4.2019 to 30.6.2019 amounting to Rs. 5,480/- was issued on average basis and bill for the period 28.7.2019 to 2.9.2019 of 4436 amounting to Rs. 38,740/- was issued on average basis. It is further submitted that due to faulty meter the consumption was not recorded as per consumption of the complainant from the month of April 2019 so opposite party issued the bill from 24.4.2019 to 30.6.2019 on the basis of Electricity Supply code and related matters regulations 2007 (effective from 1.1.2015). As per supply code 21.5.2 Defective (other than inaccurate)/dead stop/burnt/stolen meters the accounts of 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 years.

b) In case the consumption of the corresponding period of the previous year as referred in para (a) above is not available, the average monthly consumption of previous six months during which the meter was functional, shall be adopted for overhauling of account. As per 21.6 Recovery/Refund of charges;- If consumer is liable to pay an additional amount or entitled to refund in consequence of an overhauled of his account in accordance with the Regulation 21.5 above, the distribution licensee shall effect recovery or adjust the excess amount in the electricity bills of the immediately succeeding months. It is further submitted that the complainant enhanced his load from 0.88 KW to 04 KW in the month of April 2019 but the meter of the complainant was not recorded the actual consumption so that the Meter Reader reported status of meter as D and meter was changed on 12.8.2019. So, in view of the said Supply code the opposite party issued the bill from 24.4.2019 to 30.6.2019 of 729 units as per the previous year consumption in the same month and prepared the proportionate of Average sheet Calculation. The opposite party deducted the amount of Rs. 9.2.90/- from the date of effective of MCO i.e. 12.8.2019 to 2.9.2019 actual consumption 439 units and advised the complainant to pay an amount of Rs. 29,450/- so complainant is bound to pay the same and opposite party is entitled to recover the same otherwise the opposite party have legal right to disconnect the said connection of the complainant. The complainant deposited the amount of Rs. 29,450/- with his own consent and after admitted all the facts. Rest of the contents of the complaint are denied by the opposite party and lastly prayed for the dismissal of the present complaint with costs. 

5. In support of his complaint, the complainant tendered into evidence his own affidavit Ex.C-1, copies of receipts Ex.C-2 and Ex.C-3, copies of bills Ex.C-4 and Ex.C-5, copies of receipts Ex.C-6 and Ex.C-7 and closed the evidence.

6. To rebut the case of the complainant, the opposite party tendered in evidence affidavit of Er. Nitin Bansal Ex.OPs-1, Calculation Ex.OPs-2, copy of Rules and regulations Ex.OPs-3, copy of letter dated 18.7.2019 Ex.OPs-4, copy of letter No. 196 Ex.OPs-5 and evidence of the opposite party was closed by order of this Commission dated 12.10.2021.  

7. We have heard the learned counsel for the parties and have gone through the record on the file. Written arguments also filed by the parties.

8. The complainant has DS Electric Connection Account No. L23BR560836N with load 0.88 KW in his house which has been extended up to 4 KW after depositing requisite fee of Rs. 3,534/- on 23.4.2019. The opposite party issued bill from 24.4.2019 to 30.6.2019 (67 days) on average basis of 729 units amounting to Rs. 5,480/- with meter status code D (defective) and 30.6.2019 to 2.9.2019 (64 days) for 4436 units amounting to Rs. 38,740/- with meter status code C (meter changed). The complainant challenged both the bills. The complainant gave an application for extension in load on 23.4.2019. As per opposite party effective date of MCO is 12.8.2019. So actual consumption from 12.8.2019 to 2.9.2019 is 439 units as per Ex.C-5. As per Ex.C-4 bill from 24.4.2019 to 30.6.2019 for 67 days with average consumption of 729 units with status code D for Rs. 5,480/- is justified bill and is payable.

9. As per Ex.C-5 bill from 28.7.2019 to 2.9.2019 64 days for 4436 units date 28.7.2019 seems to be wrong. It should be 30.6.2019 in the bill.

10. Calculation mode of the opposite party as per Ex.OPs-2 is not acceptable. It is not necessary that if the load of the consumer is increased, consumption will increase proportionately. The meter had been changed on 12.8.2019 and actual consumption from 12.8.2019 to 2.9.2019 21 days is 439 units as per Ex.C-5. On the basis of proportionate calculation of consumption for the period from 30.6.2019 to 11.8.2019 becomes 899 units for 43 days. Hence the bill for the period from 30.6.2019 to 2.9.2019 is to be charged for 1338 units only (439 + 899 units). From the above discussion the Commission is of the view that the bill from 24.4.2019 to 30.6.2019 Ex.C-4 is justified and payable by the complainant and the bill for the period from 30.6.2019 to 2.9.2019 Ex.C-5 is payable for 1338 units only. Any amount deposited by the complainant in advance may be adjusted in the future bills. 

11. When it come to the notice of the opposite party that the meter is defective on dated 30.6.2019 at the time of recording the reading, it is the duty of the licensee to change the defective meter immediately so that correct consumption may be recorded but the opposite party took 43 days to change the meter which is clear cut deficiency in service on the part of the opposite party.

12. In view of the above said discussion, present complaint is partly allowed and the opposite party is directed to withdraw the bill  dated 2.9.2019 Ex.C-5 for 4436 units and issue a fresh bill for this period for 1338 units as mentioned above. If any extra amount already deposited by the complainant against this bill the same will be adjusted in the future bills. The opposite party is also directed to pay Rs. 5,000/- as compensation to the complainant for mental tension and harassment and Rs. 2,200/- as litigation expenses. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.

ANNOUNCED IN THE OPEN COMMISSION:

        18th Day of May 2022

 

 

            (Ashish Kumar Grover)

            President

              

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member