PUNJAB STATE ELECTRICITY BOARD Vs. SANTOKH SINGH

JUDGEMENT

(1.) It is an appeal against the order dated 9.8.199 of the District Consumer Disputes Redressal Forum, Bathinda (hereinafter called the District Forum ).

(2.) Brief facts stated in the complaint are that the respondent-complainant (hereinafter called the complainant) was running seasonal factory known as Dashmesh Cotton and Oil Mill situated at Raman for which seasonal electricity connection had been given to him by the appellant-opposite parties (hereinafter called the opposite parties) and season of the said factory started from 15th September of every year and ended on 31st May of next year. However, as per instructions of Punjab State Electricity Board Sales Manual, this working period shall be taken as minimum four and half months for the purposes of bill. The complainant closed the working of the factory before 31.5.1997 after giving due notice to the opposite parties and opposite party No.2 disconnected the electric connection for supplying the electricity to the factory of the complainant. During seasonal period starting from 15.9.1997 upto 31.5.1998 factory had not worked. Even the opposite parties removed the transformer originally installed for supplying the electricity for working of the factory and installed a transformer of a lower capacity, which could not bear the sanctioned load of the factory. The opposite parties in derogation to the instructions of Punjab State Electricity Board knowing fully well that complainant's factory had not worked, issued illegally bill for Rs.42,356/- as minimum charges and asked the complainant to deposit the same before 23.2.1998. The complainant by mistake made the payment of this illegal bill on 20.2.1998. It was further alleged in the complaint that the complainant had written to the opposite parties for refund of Rs.42,356/- but instead of refunding the said amount the opposite parties had issued another bill for Rs.23,475/-. Prayer was made in the complaint for issuance of directions to the opposite parties to refund the amount of Rs.42,356/- along with interest at the rate of 18 per cent per annum and for setting aside the illegal demand of Rs.23,475/- and also to pay a compensation of Rs.50,000/- to the complainant.

(3.) On notice, opposite parties filed reply wherein the claim was contested on the ground that as the complainant had never given any notice under rules of Punjab State Electricity Board, so he was charged minimum charges for the seasonal industry on the basis of rules and regulations of Electricity Board and as the complainant had already paid the bill without protest, thus, he could not challenge the same now.