DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .
Complaint No. 465
Instituted on : 13.11.2018
Decided on : 17.01.2023
- Sanjay Kumar Son of Ashok Kumar Son of Dharamvir, resident of Prem Basti, Street no.2, Sangrur, Tehsil and Distt. Sangrur.
…. Complainant.
Versus
- Punjab State Power Corporation Ltd. The Mall, Patiala through its C M D.
- Assistant Executinve Engineer, PSPCL Sub Division, Sub Urban, Sangrur, Distt. Sangrur.
….Opposite parties.
QUORUM
JOT NARANJAN SINGH GILL: PRESIDENT
KANWALJEET SINGH : MEMBER
For the complainant : Shri Navit Kumar Puri Adv.
For the Ops : Shri Mohit Verma Adv.
ORDER BY
KANWALJEET SINGH, MEMBER
- The brief facts of the complaint are that the complainant is consumer of Ops, regarding electric domestic connection bearing account number 3000715581 and used to deposit the electricity bills to the Ops. The meter is lying outside the premises of the complainant. On 15.04.2018 the meter was sparking. Complainant registered the complaint before the Ops. The employees of Ops was come to the house of the complainant and cut the wire and told that Rs. 520/- will be deposited for transferring the meter. On 25.04.2018 complainant deposited Rs. 520/- with the Ops. The complainant deposited Rs. 6389/- on 21.05.2018 of balance bill amount and again deposited Rs. 470/- on 08.08.2018. The Ops sent a bill dated 12.09.2018 of Rs. 23,258/- as sundry charges in the bill whereas nothing was outstanding against the complainant. The complainant deposited Rs. 10,000/- through cheque number 326804 dated 22.09.2018 and Ops issued a receipt number 12427 to the complainant. Ops removed the electricity meter with new one and lastly prayed that Ops may kindly be directed to withdraw the demand of Rs. 23,258/- bill dated 12.09.2018 and also refund Rs. 10,000/- which was deposited by the complainant. The Ops be directed to pay Rs. 11,000/- on account of mental torture, agony and litigation expenses.
- Upon notice of this complaint, the opposite parties has appeared and filed written reply on behalf of Ops and taking legal objection that the complainant has no cause of action and locus standi to file the complaint nor complainant come to the Commission with clean hands. The Hon'ble forum has no jurisdiction.
- On merits, complaint is correct to the extent that the complainant is Consumer of Ops. The Consumer was approached to the complaint centre on 09.04.2018 that meter was sparking. The staff of the complaint Centre immediately visited the spot on the same day and found that the meter was not working as the neutral of the meter was burnt at the spot, as the phase of the consumer meter still working due to which meter reading was still recording. The advice was given to the consumer to deposit the cost of meter. Complainant given an application dated 10.04.2018 regarding depositing the meter cost and after depositing the same of Rs. 520/- as meter cost on 20.04.2018. Due to non availability of the new meter, the new meter was not installed. The meter was installed on 24.10.2018. The bills were issued of actual basis, as the actual reading of meter was recorded properly. The bill was issued to the consumer in the month of July, 2018 of Rs. 470/- with P code. Consumer deposited the amount in August, 2018. As per the norms/rules of the PSPCL, whenever the consumer have consumed more than 8 times of actual consumption then the average bill with P code is generated which is adjusted in the next bill of the consumer. The bill was issued in September 2018 under O code. The actual facts are that the consumer had deposited the bill upto units 16051, but the actual consumption consumed by consumer was upto reading 19459. The remaining consumption units 3418. The respondent is legally entitled to get the charge from the complainant. On 22.09.2018 complainant had deposited Rs. 10,000/- as part payment and the remaining amount of Rs. 19183/- is still due towards the consumer and prayed that the complaint may kindly be dismissed with special costs and the Hon'ble Forum may Kindly be given a direction to the complainant to pay Rs. 10,000/- to the Ops.
3. In order to prove the complaint the complainant tendered into the evidence Ex.C-1 to C-4 and C-6 and Ex.C-5 affidavit and closed the evidence. Similarly, Ops tendered into evidence Ex.Op-1 to Op-6 and closed the evidence.
4. We had heard the learned counsel of both the parties and gone through the record file carefully with the valuable assistance of the learned counsel for the parties. During arguments the contentions of the learned counsel of both the parties are similar to their respective pleadings. So, there is no need to reiterate the same to avoid repetition. Now come to major controversy whether the complainant is liable for relief as claimed by him in his prayer?
6. No doubt it is admitted fact that As per Ex.C-1 official of Ops noted on 25.09.2018 that the meter of the consumer was burnt. At the spot, it is found that the supply was connected directly. Meter was not possible for challenge and official of Ops put their signature on the same. As per Ex. C-2 the Father of the complainant has moved an application dated 18.09.2018 to Deputy Commissioner, Sangrur and mentioned that on 25.04.2018 the complainant had deposited Rs. 520/- to Ops. No action was taken for changing the meter by Ops. Ops issued a bill dated 12.09.2018 of Rs. 28162/-. However, the copies of the same sent by complainant to chairman PSPCL, Patiala and Xen, Sangrur. As per Ex.C-3 Ops issued a bill of Rs. 26415/- to the complainant with regards to 129 days. As per Ex.C-6 complainant moved an application dated 30.11.2021 to SDO Sangrur with regards to exemption of bill upto 2 KW bearing connection number 300715581. We also examined the documents Ex.Op-1. Complainant had made a request to SDO,Sangrur on 10.04.2018 regarding change of meter. Officials of Ops endorsed a comment that the consumer meter has burnt and put their signature. As per Ex. OPs-2 the job orders for device replacement reading noted new meter 0000 and old meter 19566.As per Ex. Op-4 meter status shown "O". Consumption history for September 2017 was 1076 units and September 2018 consumption units were shown 3418, May 2018 units 827 consumption mentioned. As per Ex. Op-5 bill dated 14.07.2018 complainant has consumed only 43 units against 61 days and bill issued by Ops Rs. 460/- only.
7. It is writ large on the file when Ops issued a bill Ex.Op-5 dated 14.07.2018 to the complainant for 61 days from 06.05.2018 to 06.07.2018 of 43 consumption units then again added in bill Ex.Op-4 from 06.05.2018 to 12.09.2018 twice against units consumption 3418 of Rs. 27790/-. From this angle, this Commission observed that the stand of Ops regarding Ex.Op-4 and Op-5 are contradictory in itself. It is a clear cut deficiency in service by the Ops qua Complainant. Moreover, how can it is possible that the burnt meter reading was recorded. Neither the Ops produced any cogent evidence to prove this factum that the burnt meter can give reading. Nor produced any rules and regulations of electricity manual/ provisions/electricity Act, 2003 to prove that the Ops are entitled to issue a bill in case of burnt condition on the average basis of the last year consumption.
- Resultantly, keeping in view the facts and circumstances of the present complaint in hand we partly allow the complaint of the complainant and quashed the disputed bill Ex.C-3 of Rs. 26415/- and direct the Ops to prepare a new bill on the basis of consumption consumed by complainant as per year 2017. Further the Ops are directed to refund the excess amount of consumption consumed by complainant. Further the Ops are directed to pay a consolidate amount of Rs. 3000/- as compensation along with litigation expenses.
- This order be complied by Ops within a period of 60 days from the date of receipt of order.
- The complaint could not be decided within the statutory time period due to heavy pendency of cases.
- Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance.
Announced.
January 17 , 2023
( Kanwaljeet Singh) (Jot Naranjan Singh Gill)
Member President
