Raman Kumar vs PSPC Ltd.

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AMRITSAR CONSUMER COMPLAINT NO.

DC/27/CC/4/2022 Raman Kumar PRESENT ADDRESS - 558/11, Gali Rui Wali, Toba Bhai Salo, Amritsar at Present Near Bedi Petrol Pump, Shanti Coal Treaders, Chabhal road, AmritsarAMRITSAR,PUNJAB. .......Complainant(s) Versus PSPC Ltd.

PRESENT ADDRESS - The Mall, Patiala, service through Gate Hakima,Sub Division, AmritsarAMRITSAR,PUNJAB. .......Opposite Party(s) BEFORE: SH.

JAGDISHWAR KUMAR CHOPRA , PRESIDENT MS.

MANDEEP KAUR , MEMBER FOR THE COMPLAINANT: Raman Kumar FOR THE OPPOSITE PARTY: PSPC Ltd.

DATED: 02/02/2026 ORDER Before the District Consumer Disputes Redressal Commission Amritsar.

Consumer Complaint No.4 of 2022 Date of institution : 4.1.2022 Date of decision : 2.2.2026 Raman Kumar age 66 years son of late Baboo Ram, resident of 558/11, Gali Rui Wali, Toba Bhai Salo, Amritsar at present Near Bedi Petrol Pump, Chabhal Road, Amritsar. ……..Complainant Versus Punjab State Power Corporation Ltd., through its Chairman/M.D., The Mall, Patiala service through A.E.E., Gate Hakima Sub Division, Amritsar. ………….Opposite party Complaint under section 35 & 38 of the Consumer Protection Act, 2019 as amended uptodate Counsel for the parties : For the complainant : In person For the opposite party : Sh.Anil Sharma Adv.

CORAM Mr.Jagdishwar Kumar Chopra, President Mrs.Mandeep Kaur, Member CC No.4 of 2022 -2- ORDER : Mrs.Mandeep Kaur Member : Order of this Commission will dispose of the present complaint filed by the complainant under section 35 of the Consumer Protection Act.

Brief facts of the case are that the complainant is having an electricity connection bearing No.3002187394.

The complainant is paying all the bills to the opposite party regularly.

It was shocked to receive bill amount of Rs.5860/- and he approached the opposite party about the detail of the bill.

On the assurance of the opposite party that next time, bill will be rectified, the complainant paid the bill. the bill.

Again the complainant received bill amounting to Rs.2210/-.

On agitating, the opposite party threatened the complainant that in case of non payment, the electricity connection will be disconnected.

It is alleged that aforesaid act of the opposite party amounts to deficiency in service and unfair trade practice.

Hence, this complaint seeking following reliefs:- i) Opposite party be directed not to disconnect the electricity connection of the complainant CC No.4 of 2022 -3- ii) To quash the demand of Rs.2210/- and if during the pendency of the complaint any amount out of impugned amount is paid, the same be allowed to be released to the complainant alongwith interest at the rate of 12% p.a. from the date of payment till its actual realization. iii) To pay compensation of Rs.25000/- iv) Litigation expenses On notice, opposite party appeared and filed written version in which it is submitted that one electricity connection bearing account No.3002187394 under NRS category with S.L.0.5 KW is installed in the name of the complainant.

It is submitted that demand raised by the opposite party is legal and valid as per rules and regulations of PSPCL and bill amounting to Rs.5860/- was raised by the opposite party for actual consumption and the same was paid by the complainant.

It is further submitted that opposite party has demanded excess amount in the bill dated 30.11.2021 amounting to Rs.2210/- which is for actual consumption.

The demand raised by the opposite party is legal and valid.

It is submitted that opposite party has not committed any deficiency in service, unfair trade practice and mal practice as alleged.

The complaint of the complainant is false, baseless and without any merits.

It is, therefore, prayed that present complaint may be dismissed.

CC No.4 of 2022 -4- Complainant has tendered his affidavit, copy of the bill ex.C-1 to C-12.

Opposite party has tendered affidavit of Er.Neeraj Sharma,AEE ex.OP1, consumption data ex. n data ex.OP2, details of the amount ex.OP3.

Complainant has filed rejoinder rebutting the allegations leveled by the opposite party.

It is stated at bar by both the parties that they do not want to file written arguments.

Heard.

This Commission has given thoughtful consideration to the facts of the complaint and submissions made by the opposite party.

As per the case of the complainant, inspite of best efforts made by the complainant qua illegal use of electricity from the meter of the complainant, opposite party did nothing.

It is admitted case of both the parties that the complainant is a consumer of electricity connection bearing Account No.3002187394 having 0.5 KW load installed in the premises in the name of the complainant.

It is admitted fact that bill amounting to Rs.5860/- was issued which was paid by the complainant.

As per the case of the complainant, the bill of Rs.5860/- was deposited on the assurance given by the opposite party that there will not be any excessive bill charged from the complainant.

But inspite of this, the complainant again received a bill of Rs.2210/- CC No.4 of 2022 -5- from the opposite party and on receipt of bill, the complainant immediately made complaint to the opposite party copy of which is Mark 3 in which it is mentioned that this theft of electricity was made by his neighbourer namely Manish Kumar and wires were detected from the upper floor of the house of the neighbourer.

The complainant made request to the opposite party to check the spot in this regard and it is admitted that complaint was received by the opposite party on 7.12.2021 and the matter was marked to Er.Sunil Kumar J.E.

But the opposite party has not made any inquiry on the complaint made by the complainant meaning thereby opposite party has acted negligently rather conduct of the opposite party suggests that theft of electricity was committed by the neighbourer more or less with the connivance of the opposite party and why the complainant should suffer for t ffer for the illegal act of the neighbourer vis a vis act of the opposite party.

Rather the opposite party instead of solving the remained silent speculator which amounts to deficiency in service. deficiency has been explained in section 2(11) of the Consumer Protection Act 2019 which is reproduced as under:- "deficiency" means any fault, imperfection, shortcoming or inadequancy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes – CC No.4 of 2022 -6- (i) any act of negligence or ommission or commission by such person which causes loss or injury to the consumers; and (ii) deliberate withholding of relevant information by such person to the consumer." It is further settled principle of law that any kind of negligence by service provider which causes loss and injury to the consumer also falls within the definition of deficiency in service.

From the bare reading of this section, it is quite clear that opposite party has acted negligently in not resolving the grievances of the complainant particularly when allegations of theft were leveled against the complainant for no fault of him.

Further it is on record that the complainant well in time made complaint to the opposite party about the illegal act of his neighbourer but the opposite party has not placed anything on record what was outcome of his complaint.

Opposite party has intentionally concealed this fact even in the written version as it is silent on this account.

Under these circumstances, opposite party is found guilty of deficiency in service.

Hence, present complaint is allowed and the demand of Rs.2210/- is set aside.

Since the complainant was compelled to knock the door of this Commission, hence, the complainant is entitled for compensation. pensation.

Accordingly, opposite party is directed to pay compensation of Rs.5000/- including litigation expenses.

Compliance of the order be made within a period of 30 days CC No.4 of 2022 -7- from the date of certified copy of the order.

Copy of the order be furnished to the parties free of costs.

File be consigned to the record room.

2.2.2026 (Jagdishwar Kumar Chopra ) President ( Mandeep Kaur ) Member ..................

SH.

JAGDISHWAR KUMAR CHOPRA PRESIDENT ..................

MS.

MANDEEP KAUR MEMBER