Punjab-Haryana High Court
Punjab State Power Corporation Ltd vs Permanent Lok Adalat (Public Utility ... on 27 March, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
C.W.P. No. 20647 of 2012 [ 1 ]
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
C.W.P. No. 20647 of 2012
Date of Decision: 27.03.2014
Punjab State Power Corporation Ltd.
and another ............................................. Petitioners
Versus
Permanent Lok Adalat (Public Utility Services),
Moga and another ...................................Respondents
Coram: Hon'ble Ms. Justice Ritu Bahri
1.To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
Present: Mr. Y.P.Khullar, Advocate
for the petitioners.
Mr. B.S.Seemer, Advocate
for respondent No.2.
...
RITU BAHRI, J.
The Punjab State Power Corporation Ltd. has challenged the award dated 10.7.2012 (Annexure P3) passed by the Permanent Lok Adalat, Moga.
Respondent No.2-Dr.Shashi Mittal made an application before the Legal Services Authority assailing the demand of `409430/- raised by the petitioners by letter Kaur Rupinder 2014.04.11 10:43 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 20647 of 2012 [ 2 ] No.1908 PSPCL dated 22.9.2011.
Electricity connection bearing A/c No. F-54 GC/54 0009 was released in the name of the applicant. She was running hospital under the name of L.D.Hospital Chakki Wali Gali. LD hospital was shifted from Chakki Wali Gali Moga to Dutt road Moga on 30.4.2009. Here she was running Aastha Hospital with other doctors. On 8.11.2009 some officials of the petitioners' Department came to change the old meter by replacing it with electronic digital meter. After installation of the new meter the consumption of electricity inflated. The meter showed consumption of 21737 units. After depositing the fee of `1450/- she made a request for change of meter but the meter was not changed. The meter was changed on 27.3.2010. In April the consumption came to 823 units. From May 2010 to June 2011 the consumption was much less than the MMC (Minimum Monthly Charges). The grievance of the petitioners was that the removed meter was defective and the bills of 21737, 27078 and 25690 units were excessive.
The Punjab State Power Corporation Limited filed their reply denying that the respondent had shifted from Chakki Wali Gali Moga. The meter installed in her residence was changed as per policy of the Corporation and new meter was installed in its place. They justified that the bills which were sent for December 2009, January 2010 and February 2010 respectively for 21737, 27078 and 25690 units were Kaur Rupinder 2014.04.11 10:43 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 20647 of 2012 [ 3 ] correct. After depositing `450/- the meter was sent to ME Lab Bathinda for checking. As per the report the functioning was within limits as per Rules and Regulations. The demand raised by them through Memo No. 1908 dated 22.9.2011 was legal. They alleged that the respondent was controlling the consumption on the meter.
The meter was checked in the ME Lab and the working of the meter was found to be within limits. As per the report Ex.R7 the average working of the meter was +0.57 and on the basis of the checking report, demand of `409430/- was made. The Permanent Lok Adalat examined the consumption of electricity from January 2010 to September 2011 as per Ex.A4 and data of consumption from April 2009 to June 2011. The department admitted the above said consumption made by the applicant. There was no document to show that they had apprised the applicant that the consumption was on the lower side. Further there is no evidence led by the Department that in December 2009, Jan. 2010 and February 2010 there was some special occasion in the premises of the applicant due to which 21737, 27078 and 25690 units were consumed from the electricity connection No.GC54/9. After the change of the meter on 27.3.2010 the consumption prior to the disputed period i.e. December 2009 to February 2010 was on the lower side to a great extent. Abrupt rise in the consumption of electricity in Kaur Rupinder 2014.04.11 10:43 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 20647 of 2012 [ 4 ] December, 2009, January 2010 and February 2010, therefore, was found to be exorbitant and excessive.
Keeping in view the excessive consumption in December 2009, January 2010 and February 2010 the Permanent Lok Adalat has examined another aspect. The Hospital of the applicant L.D.Hospital was shifted from Chakki Wali Gali Moga to Dutt Road Moga on 30.4.2009. The electricity connection in question i.e. electricity connection No.GC54/9 was a domestic one. She was receiving bills for the previous and subsequent periods to the disputed period on account of consumption and respondents were accepting the same.
As per the affidavit given by the applicant the building where electricity connection No.54/9 was functioning was sold by Mehar Chand Mittal and Shashi Mittal to Nirmal Singh vide sale deed dated 20.6.2011 (Ex.A-
25). The Aastha Hospital was inaugurated on 14.6.2009 which is located at Dutt Road Moga after selling the property where there was electricity connection No.GO 54/9. The story of the Department that highly inflated consumption for the three months with respect to connection No.GO-54/9 becomes doubtful. The meter was removed from the premises of the applicant on 27.3.2010. There is no meter change order on the record to show that which officials had effected the meter change order. Further it was not clear as Kaur Rupinder 2014.04.11 10:43 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 20647 of 2012 [ 5 ] to where the meter was packed in the card board box, sealed and got signed from the applicant or from her representative. There is no evidence whether the meter was kept in safe custody from 27.3.2010 to 18.3.2011 when it was sent to ME Lab. There is no explanation for the inordinate delay in sending the meter to the ME Lab. There is no date under the signature of Senior Executive Engineer ME Distt. Bathinda on the copies Ex.A6 and Ex.R7. There is no note given by the Senior Executive Engineer that the meter received was intact and the report was given after thorough checking.
The report could not be proved by the respondents by way of affidavit Ex.R-1 of Shri Kanwaljit Singh S.D.O. North Sub Division, Moga. The Lok Adalat while exercising the power under Section 22-C(8) of the Legal Services Authorities Act, 1987 after making necessary attempts for reconciliation came to a conclusion that the consumption of electricity from December 2009 to February 2010 was very high and keeping in view the past consumption as per the average of 690 units per month and by applying this to the three months in question i.e. December 2009 to February 2010, the application has been accepted and a direction has been given to the respondent Department to calculate as per the above said formula. The demand of `409430/- regarding connection No. GO 54/9 has been treated to be Kaur Rupinder 2014.04.11 10:43 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 20647 of 2012 [ 6 ] null and void.
The award was passed by the Lok Adalat after ascertaining the entire data of the applicant. Moreover, keeping in view that the matter was sent to the ME Lab and after being in custody of the officer after a gap of one year a reasonable benefit has been extended to the applicant by not accepting the ME Lab Report and taking the average consumption on the basis of data which is not disputed by the Department. The direction to make the payment of these three months at the rate of 690 units per month is reasonable and is based on equity and justice. The Supreme Court in the case of Bar Council of India v. Union of India (2012) 8 Supreme Court Cases 243 has considered the scope and object of Section 22-C (8) and observed in paragraph 23 as under:-
"23. The statement of objects and reasons itself spells out the salient features of Chapter VI-A. By bringing in this law, the litigation concerning public utility service is sought to be nipped in the bud by first affording the parties to such dispute an opportunity to settle their dispute through the endeavours of the Permanent Lok Adalat and if such effort fails then to have the dispute between the parties adjudicated through the decision of the Permanent Lok Adalat. The mechanism provided in Kaur Rupinder 2014.04.11 10:43 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 20647 of 2012 [ 7 ] Chapter VI-A enables a party to a dispute relating to public utility service to approach the Permanent Lok Adalat for the settlement of dispute before the dispute is brought before any court."
In view of the above, no interference in the award dated 10.7.2012 (Annexure P3) passed by the Permanent Lok Adalat, Moga, is required.
The writ petition is dismissed.
( RITU BAHRI ) 27.03.2014 JUDGE rupi Kaur Rupinder 2014.04.11 10:43 I attest to the accuracy and integrity of this document Chandigarh