Renu Jain v. Punjab State Power Corporation Limited

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27.02.2020 in which the OPs levied Sundry Charges to the tune of Rs. 5027/-, against the provisions of the Electricity Act and Rules and Regulations (as amended till date). On receipt of the bill, the complainant sent an email dated 09.03.2020 to the OPs and enquired about charging of the Sundry charges. When no reply was received, fearing disconnection, the complainant paid the total amount of said bill on 09.03.2020 including Rs.5027/- as sundry charges under protest. It was further requested to the OPs to roll back the sundry charges after verifying at their own level. However, till date the OPs failed to respond. Consequently, the complainant prayed for issuance of directions to the OPs to refund the excess amount of Rs. 5027/ - along with interest; to pay Rs. 50,000/- as compensation on account of mental and physical agony and unfair trade practices along with 15000/- on the account of litigation expenses.

2. Upon notice, the OPs appeared and filed written statement. In the preliminary objection, it is submitted that the complainant has filed the complaint to gain undue compensation by misleading and the sundry charges levied are correct, legal and genuine. On merits , it is pleaded that in the electricity consumption bills from July 2018 to September, 2018, the complainant was charged only for 278 units against the actual consumption of 970 units due to computer technical calculation error owing to new meter up gradation. However, the OPs

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admitted that the regular payment as per the bills , was made by the complainant. However, the sundry Charges of Rs. 5,027/- have been Charged from the Consumer for un-charged Units of 692 in the previous bills, as per the audit report dated 23.01.2020. The meter of the Complainant got changed in the month of July 2018 and a new meter was installed. During this period, the first three bills of the new meter were generated as per the average consumption and not on the actual consumption. The OPs did not deny that, the disputed amount of Rs. 5027/- as sundry charges, was paid by the complainant under protest as calculated by the OPs). The OPs lastly prayed for the dismissa l of the compliant.

3. In support of his case, the complainant placed on record her affidavit Ex. CW-1/1 along with documents Ex C-1 to Ex C-3. On the other hand, Ld. Counsel of the OPs placed on record affidavit Er. Harpreet Singh Oberoi, Senior Executive Engineer as Ex. OP-1/1 along with other documents Ex. OP-1 to Ex. OP-5.

4. We have heard ld. counsel for the complainant and perused the record. None appeared for the complainant throughout the day. Since the case pertains to the year 2022, we are disposing it of on merits.

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5. It is proved that complainant is consumer of the OPs , and has been making regular payment of the electricity . The only grievance of the complainant is that she received bill Ex.C-1 for the period of 24.01.2020 to 27.02.2020 , in which the OPs had levied Sundry Charges to the tune of Rs.5 ,027/-, which fact has not been denied by the OPs. After receiving the said bill, the complainant sent an email dated 09.03.2020 Ex.C-2 asking the OPs to clarify the levying of Sundry charges. Ld. Counsel for the OPs argued that though no formal reply was given, but it was clarified by the official of the OPs when the complainant visited their office. It is also on record and admitted by the OPs that sundry charges amounting to Rs.5027/- have been paid by the complainant vide Ex. C-3 under protest. As regards to the change of meter in July 2018, to prove this fact nothing has been placed on record by the OPs. Though calculation has now been placed on file by the OPs in regards to the sundry charges levied by them as per the audit party calculation sheet 23.01.2020 (Ex. OP- 4 & OP- 5). It is to be seen if the OPs are right in levying sundry charges after about 18 months, without giving any notice to the complainant. Therefore, we would like to delve into, as to what is the legal position in respect to levying sundry charges by the OPs and whether these are recoverable or not? Regulation 93.1 of ESIM (Electricity Supply Instruction Manual) mandates that PSPCL cannot add arrears to a regular bill as "sundry charges"

without providing a detailed notice or separate supplementary

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bill detailing the basis of the charges. Notice and Fair Opportunity must be given. PSPCL instructions require that if any audit report or investigation indicates an additional liability (sundry charge), a show-cause notice must be served to the consumer, providing an opportunity to be heard before it is added to a bill. Though these Sundry charges were recoverable within two years, but proper procedure had to be followed as per the regulation/instructions on the subject by the OPs. But in the present case, the laid down procedure has not been followed, no notice has been issued to the compliant before raising sundry charges, which is against the natural principle of justice. Even after receipt of the bill including sundry charges, the complainant asked the OPs to clarify the bill amount vide her email Ex. C-2, but the OPs preferred not to reply the same. It has been proved beyond doubt that no notice prior to issue of bill including the sundry charges was given to the complainant. This very act of the OPs constitutes deficiency of service . Therefore, the present complainant deserves to be allowed.

6. Consequently, keeping in view the entire facts and circumstances, the complaint is partly allowed and the OPs are directed to refund Rs.5,027/- to the complainant alongwith interest @ 9% from the date of receipt i.e. 09.03.2020. The OPs are further directed pay Rs.5,000/- in lumpsum as compensation for mental harassment, including the litigation expenses

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7. The instant complaint could not be disposed of within stipulated period due to heavy institution. Pending application (s), if any, also stands disposed of accordingly. Certified copies of this order be sent to the parties free of costs. File be indexed and consigned to record room. Pronounced

April 16, 2026

(S.K. Aggarwal)

President

(Mrs. Paramjeet Kaur)

Member

(Lt. Col. Jasbir Singh Bath)

Member

"MS"

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