ਵਿਵਾਦ ਨਿਪਟਾਰਾ ਕੇਸ

ਵਿਵਾਦ ਨਿਪਟਾਰਾ ਕੇਸ

ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ :
ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ: P3666
1.  ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ P3666
1.  ਉੱਪ ਮੰਡਲ ਦਫਤਰ JALANDHAR/DS DIVN. PHAGWARA/DS S/D Tech Unit-2 Suburban, Phagwara
2.  ਖਪਤਕਾਰ LS-14 of Sh/ Ms M/S Wahid Sandhars
3.  ਕੇਸ ਦਾਖਲ ਕਰਨ ਦੀ ਮਿਤੀ 2014-11-26
4.  ਵਰਨਣ Refund of 18% Interest
5.  ਫੈਸਲਾ This case, again, came up for hearing before the committee on 23-01-2015. Er. Gopal Sharma, Dy.CE/DS Circle, Jalandhar presented the case before the committee. Sh. Chander Mohan Narula representative of consumer was present. The case has been discussed at length and it was observed that in section 123.8.4 of Electricity Supply Regulations already reproduced on the minutes of meeting dated 16-12-2014, the word in second last line was inadvertently written as ‘disputed’ whereas the correct word is ‘deposited’. Hence Clause 123.8.4 of Electricity Supply Regulations is reproduced again. “It has been observed that the consumers manage to obtain stay from the Court against payment of outstanding amounts in full which often includes undisputed current energy bills/arrears. Therefore, while contesting such cases, the undisputed amount should be segregated and brought to the notice of the court on the first opportunity and all out efforts should be made to ensure that the courts do not grant stay for payment of undisputed charges. Courts should also be requested that the disposal of the case may take some time. Accordingly the consumer should be directed to pay the disputed amount provisionally in 2 or 3 installments. The court may also be informed that as per the rules of the Board, the consumer will be entitled to get 18% interest if the total or a part of the amount deposited by him is decided to be refunded on the conclusion of the case.” Committee observed that as per the decision of the Apex Court and advice of Legal Section, principle amount and interest recovered from the consumer was got refunded. However the order of the Apex Court is silent regarding payment of interest. The matter was referred to Legal Section for payment of refund of interest. Legal Section vide its Memo. No. 1839 dated 3-7-2014 has advised as under:- “In this case although there are no orders of any court for refund of interest @18% per annum to the consumer. The company in their request has quoted ESR 123.8.4 for seeking refund of interest amount which comes to Rs. 6491979/-. Before any final advice is conveyed by this office, it is first advised to refer the complete case to Commercial Organization for seeking their comments on the same whether Corp. is bound to pay interest @ 18% p.a. to the consumer in the light of ESR 123.8.4 or not.” Office of the EIC/Commercial, PSPCL, Patiala vide letter No. 997 dated 24-9-2014 has advised as under:- “It is advised that the dispute case is required to be considered by ZLDC as per instructions circulated vide CC No. 33/2014 (as an amendment to ESIM Clause 110) and subsequently if felt necessary by the ZLDC, the case may be brought before WTDs with concurrence of Director/Distribution.” The orders of the Apex Court is silent regarding refund of interest to the consumer. Keeping in view the instructions as quoted by the consumer (Clause No. 123.8.4 of Electricity Supply Regulations) as applicable at the time of dispute, ZLDC considered the case and after due deliberations, it is decided that the case be referred to the Committee of Whole Time Directors of PSPCL for consideration and decision. Before sending the same to WTDs, the concurrence of Director/Distribution, PSPCL, Patiala be obtained. Further before submitting the case to Committee of Whole Time Directors, the calculations of interest be got checked/pre-audited from Dy.CA/North Zone, PSPCL, Jalandhar within 7 days.
6.  ਫੈਸਲੇ ਦੀ ਮਿਤੀ 2015-01-23
ਸੁਣਵਾਈ/ ਪੇਸ਼ੀਆਂ
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Sr Noਸੁਣਵਾਈ ਦੀ ਮਿਤੀਵਰਨਣ

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