PUNJAB STATE ELECTRICITY BOARD Vs. BANSAL INDUSTRIES

JUDGEMENT

(1.) BANSAL Industries, respondents were holding electric connection bearing account No. MS -16 with a sanctioned load of 80 KW. The respondents have been making the payment of electricity bills regularly. The electric meter of the respondents was running very fast and the consumption was being shown by the meter more than the actual consumption. The respondents by depositing a sum of Rs. 1,200 with the appellants on 8.10.2001 lodged a complaint with them to check the accuracy of the electric meter. Representation dated 24.8.2001 was also made by the respondents to the appellants. Nothing was done. On 11.2.2002 the functionaries of the appellants inspected: the premises of the respondents and declared that one phase of the electricity meter was not functioning. They also debited a sum of Rs. 33,890 by enhancing the electricity bill issued on 8.2.2002. The respondents deposited the demand bill on 16.2.2002.

(2.) IT was further pleaded that on 9.3.2002 the appellants sent another bill in which Rs. 65,037 were shown as sundry charges. On 7.4.2002 an amount of Rs. l7,447 was shown as the sundry charges. Hence the respondents filed the complaint in the learned District Consumer Disputes Redressal Forum, Sangrur (in short "District Forum") to challenge the demand bill issued by the appellants in the months of March and April 2002.

(3.) THE appellants filed written statement. Besides taking preliminary objections the case was also contested on merits. It was pleaded that the respondents were not the electric connection holders of the appellants and there was no privities of contract between the parties. It was pleaded that electric connection bearing account No. MS -16 was sanctioned in the name of M/s. Punjab Steel Balls, Focal Point, Sangrur and is still in the same name. It is denied for want of knowledge if the Punjab Steel Balls, Focal Point, Sangrur had sold the building to M/s. Luxmi Industries or further to M/s. Bansal Industries i.e. the respondents along with the electric connection as no intimation was received by the appellants. Therefore, M/s. Punjab Steel Balls, Focal Point, Sangrur continued to be the consumers of the appellants. It was admitted that the sanctioned load was 80 K.W. and the payments are being received in the name of their consumer i.e. M/s. Punjab Steel Balls, Focal Point, Sangrur. It was admitted that the appellants have provided electronic meter. It was admitted that the accuracy of the meter bearing account No. MS -16 was challenged by depositing an amount of Rs. l,200 on 8.10.2001. It was checked by Sukhminder Singh Bhathal, Assistant Executive Engineer, Sub -urban Sub -Division, PSEB, Sangrur on 11.2.2002. A copy of the checking report was also delivered to the representative of the consumer at the spot. During checking it was found that one phase of the electric meter was dead as the blue phase was not blinking its working. There was no need to bring out any printout as one phase being dead was visible to the naked eye.