Complainant Surinder Kumar has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to withdraw the impugned demand of Rs.59412/- on account of sundry charges raised vide bill dated 18.12.2019.

2.        The case of the complainant in brief is that he has installed a electric connection for his Atta Chakki bearing Account No.3000184441 and paying electricity bills regularly to the opposite parties and never defaulted in payment of consumption charges. This connection is only for earning his livelihood.   The opposite party no.1 issued bill No.50011216446 dated 18.12.2019 for Rs.69,520/- in which Rs.59,412/- had been added as Sundry Charges and its last date for paying the bill was 30.12.2019.   No details regarding sundry charges has been given in the bill, no notice, no information no warning etc. regarding outstanding amount has been given to him by the opposite parties. This bill is totally illegal, null and void, without any rhyme and against the rules and laws of the Corporation. He approached the opposite party to find out the details of sundry charges, the concerned official in the office of opposite party no.1 had no answer. He simply told that he has to pay the amount at the most he could pay in installment. Due to this act and conduct of the opposite parties, he has suffered mental harassment and it has caused a mental agony to him. This amounts to deficiency in service on the part of the opposite parties. Hence, this complaint.

 3.       Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that the complaint is not maintainable and complaint is bad for non joinder of necessary parties. On merits, it was submitted that actually the opposite parties issued notice vide memo no.769 dated 27.5.2019 to the complainant asking him to deposit Rs.59354/- within 15 days and also asked him to put his defence if any within 15 days  with regard to this notice. Although the said notice received by the complainant but he neither failed to reply the same nor raised any objection to this notice. The complainant has wrongly stated that no information/notice etc. has ever given by the opposite parties. It was next submitted that P.F. i.e. “Power factor in” every electric connection holder is always 0.90. In case it is less than 0.90 then as per rule 7.21 power factor surcharge:-

“If the monthly average power factor falls below 0.90, the consumer   shall pay on the energy charges a surcharge of 1% for each 0.01 decrease in the monthly average power factor below 0.90. The surcharge shall be 2% for each 0.01 decrease of monthly average power factor below 0.80”.

In the case of complainant the power factor is coming 0.55 from 18.4.2017 to 17.1.2018 is less than 0.90 so as per the Rules referred above amount due from the complainant is Rs.59,354/- and opposite party correctly added the amount in bill 18.12.2019 alongwith the bill of electricity consumed by the complainant.  This amount has been calculated and deducted by the Audit Committee. As such the amount of Rs.59354/- added in the bill of the complainant is legal and valid.  All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.      Alongwith the complaint, complainant has filed his own affidavit Ex.C-1 alongwith documents Ex.C-2 to Ex.C-9.

5.      Ld.counsel for the opposite parties tendered into evidence affidavit of Hirday Pal Singh S.D.O. PSPCL City Sub Division Gurdaspur Ex.OP-W1/A alongwith copies of relevant documents Ex.OP-1 to Ex.OP-12 and closed the evidence.

6.         Written arguments have been filed by both parties.

7.    We have carefully gone through the pleadings of counsel for the complainant; written arguments as well as oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.

8.     As detailed above the present complaint is filed by the complainant against charging of sundry charges of Rs.59,412/- in electricity bill dated 18/12/2019 issued by opposite parties. (Ex.C-2). This bill belongs to atta chakki electric connection under (under SP Category) of complainant bearing Account No.50011216446.

9.     Although this electric connection of complainant is an small power industrial connection. But as per statement of complainant in para No.1, he is running atta chakki for earning his livelihood.  Hence as per Chapter 1 section 7 ii (a) complainant is considered as consumer and his complaint is admitted for trial.

10.     Complainant alleged that  illegal sundry charges of Rs.59412/- were included in the bill of  abovesaid electric connection of complainant without any prior notice or warning by opposite party and it is prayed to direct the opposite party to withdraw impugned demand of Rs.59,412/- on account of sundry charges raised in bill dated 18.12.2019.

11.    Opposite parties in their written statement denied all the allegations and submitted that a notice vide memo No.769 dated 27.5.2019 was issued to complainant to deposit Rs.59,534/- which is totally legal. Further it is stated that this amount has been calculated and deducted by audit committee. It is also mentioned that the amount charged is as per rule 7.21 of Power Factor Surcharge which is placed Ex.OP-1.

‘If the monthly average Power Factor falls below  0.90, the consumer shall pay on the energy charges a surcharge of 1% for each 0.01 decreased in the monthly average Power Factor below 0.90. The surcharge shall be 2% for each 0.01 decrease of monthly Average Power Factor below 0.80.’

12.    Opposite party described that the amount belongs to the period 18.4.2017 to 17.1.2018 and it is charged due to low Power Factor during this period than prescribed as detailed in proceeding para. Surprisingly, to which act the rule 7.21 belongs, is nowhere mentioned in the reply by opposite parties. But as per Ex.OP-1 submitted by opposite parties it become clear that it is a part of Electricity Supply Instruction Manual 2018. As the name implies, it seems to be applicable for the year 18-19 onwards, whether it is applicable retrospectively for the previous years also, is neither made clear by opposite parties nor any such evidence is put on record.

13.     The period of low Power Factor for which the abovesaid amount is charged in from 4/17 to 1/18. Opposite party failed to prove and put on record any evidence to justify the charging of this amount pertaining to this period.  Moreover no detail/reasons are given by opposite party in the notice issued to complainant, which is placed at Ex.OP-2 regarding charging of abovesaid amount in the bill. Simply it is stated that it is as per audit report and no detail report of audit is attached herewith nor it is supplied to complainant with the notice.

14.    Complainant in their written arguments in para 7 made it clear that this amount is charged after a period of two and half year. Further it is also mentioned that had it been made clear to the complainant in the month of May 2017, and complainant is educated for improving Power Factor, the complainant may have corrected the Power Factor of the connection by taking necessary remedial measures. But the opposite party failed to act in both the ways and it is clear cut deficiency in service by opposite party.

15.     From the above it is clear that the period of low Power Factor is from 4/17 to 1/18 and amount is charges in 12/2019. Moreover reasons and detailed report of amount charged is not ever explained to the consumer/complainant by opposite parties.

16.    The statement of complainant is well justified that had the amount related to 4/17 been charged in May 2017 and reasons explained to him with remedial measure to be taken, the situation could have been the different and complainant may have adopted the required remedial measures to improve Power Factor but the opposite parties failed in both the act miserably.

17.     Further it is also made out that the instructions quoted by opposite parties belongs to the year 18-19 whereas the cause of actions is from 4/17 to 1/18. Opposite parties failed to justify and put on record any evidence proving the applicability of these instructions retrospectively.

18.        From the above, we are of the considered view that opposite parties failed to prove any justification for charging of Rs.59,314/- as sundry charges in the electricity bill of the complainant for the month of 12/19. Hence not justified.

19.    In view of the aforesaid discussion, by considering the facts and circumstances of the case, the complaint is partly allowed and amount of Rs.59,314/- charged by opposite parties in the bill of the complainant for the month of 12/19 as sundry charges is hereby set aside.  Amount already deposited by the complainant if any is directed to be refunded by opposite party alongwith 9% interest from the date of deposit till actual realization. Besides this opposite party is also directed to pay lump sump amount of Rs.10,000/- as compensation for the harassment caused to him as well as litigation charges.

20.        The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

21.    Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

            (Naveen Puri)

                                                                            President   

Announced:                                                   (B.S.Matharu)

April 22, 2022                                                     Member

*MK*