PUNJAB STATE ELECTRICITY BOARD Vs. KULDIP SINGH

JUDGEMENT

(1.) It is an appeal against the order dated 4.2.2003 of the District Consumer Disputes Redressal Forum, Amritsar (hereinafter called the District Forum ).

(2.) Brief facts stated in the complaint are that originally Arjun Singh, father of the respondent-complainant (hereinafter called the complainant) had obtained a tubewell connection of 15 HP from the appellant-opposite party (hereinafter called the opposite party) and got installed meter in the year 1969-70 in his property situated in village Dharar. Connection was bearing Account No. E-522/ap for agriculture purpose. All the bills issued by the opposite party were paid regularly. His father died on 15.4.1987 and after his death, the complainant got the connection transferred in his name. Pass-book was issued to the complainant. Account No.08/855 was allotted to him. The complainant paid the bills regularly till 1997 when the opposite party started distributing electricity energy for tubewells in the State free of cost. In March, 2002, some officials of the opposite party came at the premises of the complainant and told him that a sum of Rs.16,140/- was outstanding against electric connection relating to the period from 3/95 to 2/97 and another amount of Rs.1,614/- was also payable as the outstanding amount on account of surcharge. In order to avoid disconnection, the complainant deposited Rs.8,000/- with the opposite party on 26.3.2002 without admitting his liability and under protest. It is stated in the complaint that the demand raised by the opposite party was illegal and the complainant was not liable to pay the amount claimed. Complainant had made representation to the opposite party on 22.3.2002 but to no avail. The opposite party is proclaiming that another sum Rs.7,500/- was outstanding on account of penalty and they have threatened to recover that amount. The action of the opposite party, according to the complainant, was illegal and amounted to deficiency in service. A prayer was made in complaint that the opposite party be directed to withdraw the impugned demand of Rs.16,140/- plus Rs.1,614/- and Rs.7,500/-; and opposite party be also directed to refund the amount of Rs.8,000/- with interest and compensation.

(3.) Opposite party filed reply wherein the electric connection in the name of the complainant after the death of his father was not specifically denied. It was pleaded in the reply that the electric supply was made free of costs to the consumers of the agriculture connections in the month of February, 1997. Prior to that the agriculture consumers were charged by the opposite party at the flat rate per Horse Power i. e. on the basis of load. Transfer of connection in the name of the father to the complainant is not disputed. It is then stated in the reply that during the course of change it came to the notice of the opposite party that sanctioned load of the complainant was 15 HP whereas he is charged for 3 HP. The accounts of the complainant were overhauled at the behest of the Audit Department of the opposite party and the complainant was found liable to pay Rs.17,754/-. The complainant had paid the amount without protest. It was ultimately stated that there was no deficiency on the part of the opposite party and the complaint was sought to be dismissed. Parties produced their respective evidence.