Punjab

Ludhiana

CC/19/54

Hari Om - Complainant(s)

Versus

Pujab State Power Corporation Limited - Opp.Party(s)

R.K.Bhaanot Adv.

02 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 54 dated 29.01.2019                          

                      Date of decision: 02.08.2022  

 

Hari Om son of Late Shri Chaman Lal, resident of G-79, Street No.7, Inder Vihar, Hambran Road, Adjoining Satsang Ghar (Radhaswami), Ludhiana.                                                                                            ..…Complainant

                                                Versus

Punjab State Power Corporation Ltd., Sub Division Kakowal, District Ludhiana,Through its SDO/XEN/AEE                                                                                                                                          …..Opposite Party

                  Complaint under Section 12 of the Consumer Protection Act.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH.JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         None for the complainant.

For OP                           :         Sh.R.S.Pandher, Advocate

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                           Briefly stated, the case of the complainant is that he is consumer of electric connection bearing account No.3015050140 which stands installed in his house situated at Inder Vihar, Hambran Road, Ludhiana. The connection was installed on 05.05.2017 but the complainant never received the regular bills in respect of the said connection. The complainant visited the office of OP many times but to no avail. On 28.12.2017, the complainant received the manual bill from the office Clerk of OP for a sum of Rs.1420/- for the period from 16.10.2017 to 16.12.2017 which was deposited by the complainant. Thereafter, the complainant again did not receive any further bill. Another manual bill was prepared by the Clerk of the OP for the period from 16.12.2017 to 15.02.2018 for a sum of Rs.1710/- which was also deposited by the complainant. Thereafter, again no regular bill was issued to the complainant. The complainant again visited the office of the OP and raised a query to know about the reason for non-issuance of the bill but the concerned Clerk told the complainant that there is no need to pay the bill amount. The complainant further lodged a written complaint for non-receipt of the bill from 16.02.2018 onwards. Thereafter, in the month of August 2018, another bill was issued by the Meter Reader which was for a sum of Rs.1750/- and the same was paid by the complainant. A few days thereafter, the officials of the OP came to the house of the complainant and threatened to disconnect the connection of the complainant. On inquiry, they told the complainant that an amount of Rs.62,693/- was outstanding against the complainant. As a matter of fact, no such amount was pending. The house of the complainant is situated in an area of 47 square yards where he is living with his wife, minor daughter and widow mother. The complainant is doing the job of a taxi driver to earn his livelihood. The act and conduct of OP has caused great mental pain and agony to the complainant. A legal notice dated 17.09.2018 was also served upon the OP but to no avail. Hence the complaint whereby it has been requested that the OP be directed to withdraw the bill dated 19.08.2018 for Rs.62,693/- and the OP be also restrained from disconnecting the electric connection for non-payment of the impugned bill. The complainant has further requested that the OP be made to pay compensation of Rs.4 lacs for causing mental harassment to him.

2.                The complaint has been resisted by the OP. In the written statement filed on behalf of the OP, it has been, inter alia, pleaded that the complaint is not maintainable as the complainant has failed to avail the remedy of getting the matter referred to Dispute Settlement Committee for adjudication of the matter in dispute. On merits, it has been denied if the complainant has not received any bill of electricity consumption charges. According to the OP, primarily, there are two types tariff system i.e. sanctioned load plus consumption of electricity as per rules. The bill of electricity for the period from 16.10.2017 to 16.12.2017 was issued to the consumer only on the basis of load basis. The consumption bill for the period from 16.12.2017 to 15.02.2018 was also issued on load basis. Thereafter, the consumption bill for the period from 15.02.2018 to 19.03.2018 was issued to the complainant. However, none of these bills were issued on the basis of type two tariff systems due to non-receipt of consumption of electricity consumed. Subsequently, the electricity consumption bill dated 28.08.2018 was issued for the period from 19.03.2018 to 20.08.2018 amounting to Rs.64,440/- which was against the consumption of 7562 units by the complainant. The said bill is legal and valid and the complainant is bound to pay the same, failing which his connection is liable to be disconnected. The rest of the averments made in the complaint have been denied as wrong and a prayer for dismissal of the complaint has also been made.

3.                In this case, none has been appearing on behalf of the complainant since 20.07.2021 nor any rejoinder along with affidavit or documents have been formally tendered by the complainant. However, affidavit and documents Ex.P1 to Ex.P8 were attached with the complainant.

4.                On the other hand, OP has submitted affidavit Ex.RA of Er.Baljinder Singh Sidhu, Additional S.E. along with documents Ex.R1 to Ex.R10.

5.                We have gone through the record and heard the counsel for the OP and proceed to decide this complaint on merits.

6.                As per the case of the complainant, the connection in question was installed on 05.05.2017. After installation of meter, as stated in the complaint, the complainant has paid Rs.1420/-, Rs.1710/- and Rs.1750/- only. The complainant has placed on record receipts Ex.P2 and Ex.P3 of Rs.1750/- and Rs.1711/- respectively. But in these receipts, there is no reference that these payments are in respect of some consumption bill of electricity. Therefore, it becomes evident from the evidence on record that ever since from the installation of the electric connection on 05.05.2017, practically the complainant has not paid any consumption charges. The bill Ex.P1 placed on record by the complainant himself for a sum of Rs.62,693/- is in respect of 7562 units. It is not the case of the complainant is that he never consumed that much units of electricity nor the complainant has challenged the accuracy of the electricity meter in question. In these circumstances, the issuance of bill Ex.P1, which is based on actual consumption of units by the complainant, cannot be said to be illegal, null and void especially when the complainant has not challenged the accuracy of the meter. Therefore, no case of deficiency of service on the part of the OP is made out.

7.                           As a result of above discussion, the complaint fails and the same is hereby dismissed with no order as to costs. Copies of order be supplied to parties free of costs as per rules.

8.                File be indexed and consigned to record room.

9.                Due to rush of work and spread of COVID-19, the case could not be decided within the statutory period.

 

                     (Jaswinder Singh)                      (K.K. Kareer)                                              Member                                   President

Announced in Open Commission                                           Dated:02.08.2022                                                                                    Gurpreet Sharma.