PUNJAB STATE ELECTRICITY BOARD Vs. KRISHAN LAL GARG

JUDGEMENT

(1.) DR. Krishan Lal Garg respondent was having an electric connection bearing account No. MD-34/0051. The said meter was burnt in June 1998. He had given intimation to the appellants and also deposited a sum of Rs. 335 as costs of the burnt meter vide receipt dated 3. 7. 1998. Thereafter, the appellants started charging the electricity bills on average basis which were being paid by the respondent regularly. Uptil November 1999 the electricity bill used to be charged on average basis for 478 units. However, from January 2000 the appellants started charging average on the basis of 572 units. From March 2000 they started charging 800 units as average basis. It was increased to 900 units thereafter. In all the appellants had charged Rs. 12,096 in excess from the respondent for the period from March 2000 to September 2001.

(2.) IT was further pleaded that the said meter was checked by the Senior Executive Engineer, Enforcement, Muktsar on 5. 11. 1999 and even as per his own report the electric meter was burnt. In spite of that the appellants did not change the electric meter. Again the electric meter of the respondent was checked by the Senior Executive Engineer, Enforcement, Moga on 23. 10. 2001. He also reported that the electric meter was burnt.

(3.) IT was further pleaded that the appellants issued demand notice dated 25. 10. 2001 for an amount of Rs. 45,409 for the period from September 1998 to September 2001 without giving any proper details and on the basis of the checking report of Senior Executive Engineer, Enforcement, Moga dated 23. 10. 2001. The said demand was illegal. However, to avoid disconnection of electric connection the respondent deposited the amount of Rs. 45,409 under protest on 2. 11. 2001. Hence the respondent filed a complaint in the learned District Consumer Disputes Redressal Forum, Moga (in short "district Forum") claiming the refund of the amount of Rs. 45,409 and for the refund of Rs. 12,096 charged in excess from March 2000 to September 2001. The amount of Rs. 1 lac as compensation for causing mental tension and harassment and Rs. 5,000 as costs were also claimed.