ਵਿਵਾਦ ਨਿਪਟਾਰਾ ਕੇਸ

ਵਿਵਾਦ ਨਿਪਟਾਰਾ ਕੇਸ

ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ :
ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ: Q5235
1.  ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ Q5235
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 Sandhar
3.  ਕੇਸ ਦਾਖਲ ਕਰਨ ਦੀ ਮਿਤੀ 2015-06-09
4.  ਵਰਨਣ Refund of Interest. Reopened as per worthy Director/Distribution, orders dated 9.6.15
5.  ਫੈਸਲਾ This case has been deliberated at length in the various previous meetings of the Committee and the day-to-day proceedings of the meetings are already on record. The case has, again, been taken up today by the Committee for deliberations. The only crux of this case is the payment of interest, if any, to the consumer. The facts are quite clear and this case has been under judicial scrutiny even at the Apex Court. Committee observed that the order of the Apex Court is silent regarding payment of interest to the consumer. Moreover Finance Department of PSPCL vide letter No. 167 dated 5-5-15 has also shows its inability to agree to the proposal regarding payment of interest to the consumer. It is also worth mentioning here that the instructions under which interest has been claimed by the consumer stands repealed by the Electricity Supply Code and Related Matters Regulations, 2014 and there is no provision in the Electricity Supply Code and Related Matters Regulations, 2014 for payment of interest. Keeping in view the above, the Committee came to unanimous conclusion that the consumer is not entitled to the payment of interest and the case is decided accordingly.
6.  ਫੈਸਲੇ ਦੀ ਮਿਤੀ 2016-01-28
ਸੁਣਵਾਈ/ ਪੇਸ਼ੀਆਂ
Page 1/1
 
Sr Noਸੁਣਵਾਈ ਦੀ ਮਿਤੀਵਰਨਣ
1 Fri 10, Jul 2015  HISTORY OF THE CASE. ;aqh oZyk f;zx g[Zso ;aqh eosko f;zx fgzv T[Nkbk yksk BzL nkoHe/H56$678n?B$vhHn?;H(nXhB ikvbk T[g^wzvb) fi; dk b'v 9H400 feb'tkN j?. fJ; whNo dh wjhBk 12$2014 B{z nkyoh ohfvzr 6100 :{fBN s/ ;h. fwsh 02^01^2015 B{z ygseko tZb'A whNo dh ohfvzr fiankdk j'D dk fpB? gZso fdZsk frnk ns/ i/HJhH tZb'A whNo dh ohfvzr u?e ehsh rJh I'fe 280513 :{fBN dh fog'oN ehsh rJh ns/ T[g^wzvb nca;o tZb'A th JhH;hHnkoH BzL 66$201 Bkb whNo dh ohfvzr u?e ehsh rJh I' fe 280513 :{fBN ;h. ygseko tZb'A whNo u?fbzia eotkT[D bJh fpB? gZso fdZsk frnk fi; s/ ekotkJh eod/ j'J/ fwsh 05^01^2015 B{z n?wH;hHUH BzL 69$13038 Bkb whNo pdbh ehskfrnk ;h. id'A fJj whNo n?wHJhH b?p r[okfJnk tZb'A u?e ehsk frnk sK whNo dh ;fEsh mhe gkJh rJh. n?wHJhH b?p dh fog'oN nB[;ko whNo dh ygs 274419 :{fBN ;h ns/ ygs nB[;ko oew 20,66,502$^WL pDkJh rJh fi; dk B'fN; BzL 2226 fwsh 16^03^2015 ygseko B{z ikoh ehsk frnk ns/ fJj th s;dhe ehsk fe fJ; oew B{z ygsekod/ fpZb ftZu ;zvoh okjhA ukoi BjhA ehsk frnk. ygseko d/ fgSb/ 4 ;kbK d/ ygs t/ot/ s'A fJj th ;g;aN j[zdk j? fe fJ; yks/ dh fJzBh ygs ed/ th BjhA nkJh.

PROCEEDINGS: This case came up for hearing before the committee on 10-07-2015. Er. Sanjiv Kumar Dy.CE/DS Circle, Nawanshahr presented the case before the committee. Sh. Aparappar Singh grandson of Sh. Rakha Singh appeared before the committee. He has informed that Sh. Rakha Singh his grandfather has died and his father Sh. Shaminder Singh has also died and now he is the only owner as consumer. He wants to submit his representation and the case is adjourned in the interest of justice. He is directed to submit his representation within 10 days to the ZDSC with a copy to Dy. CE/DS Circle, Nawanshahr for his comments thereafter within 10 days. Dy.CE/DS Circle, Nawanhahr is further directed to furnish the calculation sheet of the amount charged to the committee and also a copy of request of the consumer challenging the meter before the next date. The case is adjourned accordingly.
2 Fri 14, Aug 2015  Committee deliberated the case in detail and decided to refer the case back to Legal Section in continuation to Legal Advisor’s letter No. 1839/LB-2 dt. 3/7/2014 (copy attached) in which Legal Section 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 to 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.”

Accordingly the case was referred by Dy. CE/DS Circle, Jalandhar to the office of EIC/Commercial for advice. The office of EIC/Commercial vide letter No.997/Gen/Jal/Vol-2 dated 24-9-2014 (copy attached) 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.”

As per the advice of EIC/Commercial, the case was discussed in various meetings of ZDSC and finally on 23/01/2015, ZDSC decided as under:-

“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 the Whole Time Directors of PSPCL for consideration and decision. Before sending the same to WTDs, the concurrence of the Director/Distribution, PSPCL, Patiala be obtained.”

As per the decision of ZDSC, a memorandum was prepared by the office of CE/North for consideration of the case in the meeting of Committee of Whole Time Directors of PSPCL. Director/D has given his consent to put-up the same in the meeting of Committee of WTDs. A copy of agenda of this case was also sent to Director/Finance, PSPCL, Patiala’s office vide CE/DS North Zone, PSPCL, Jalandhar Memo. No. 4341 dated 16-4-15 (Copy Enclosed) for financial approval but Director/Finance office has replied vide his office letter No. 167 dated 5-5-15 (copy enclosed) which is reproduced as under:-
“fe;/ th wkB:'r ndkbs tZb'A ftnki d/D ;pzXh jdkfJsK BjhA ehshnK rJhnK. bhrb Gkr tZb'A fdZsh okJ/ ZLDC ew/Nh tZb'A ehsh rJh f;cko;a nB[;ko ygseko B{z 18# (o[gJ/ 64,91,979$^o[gJ/) ftnki d/D ;pzXh gq;ak;aB dh ft;ak uofus siathia Bkb ftZs Gkr n;fjwsh (inability) gqrN eodk j?.”
Director/Finance, PSPCL, Patiala has, further, advised vide his office letter No. 203 dated 29-5-15 (copy enclosed) that as earlier advised vide memo. No. 167 dated 5-5-15 the case may be put up to WTDs meeting. Accordingly, the memorandum was sent to Company Secretary for putting up the same in the meeting of Committee of WTDs. Company Secretary instead of putting up the case before the Committee of WTDs has sent the same back to Director/D with the following remarks:-
“Sir, in the subject cited case, any court has not ordered to pay 18% interest to the consumer and Legal Section has advised that the agenda be sent to the Chief Engineer/Commercial for comments and CE/Commercial vide letter no. 997 dated 24-9-2014 written to CE/DS (North) Jalandhar to put up the case before DSC. ZLDC after deliberations recommended to submit the case to the Committee of Whole Time Directors.
In view of the above position, agenda is being sent to your office for further action.”
On the note of Company Secretary, Director/D while returning the memorandum to CE/North, has observed as under:-
“ZDSC to pass speaking orders, why the case is forwarded to WTD for decision. Quote relevant instructions under Complaint Handling Procedure or otherwise.”

In light of the above, ZDSC considered the case in its meeting held on 10.07.2015 & on 14.8.2015 and has decided to refer the case to the office of Legal Advisor for clear final Legal Opinion whether interest @ 18% is required to be paid to the consumer as per Instruction No.123.8.4 of Electricity Supply Regulations (copy attached) or not.
3 Thu 24, Sep 2015  The case has been taken up today. In the absence of legal advice as sought in this case by the ZLDSC and case sent to Legal Advisor/PSPCL, Patiala on 28-8-15, the case is adjourned to the next date. A reminder may be sent to the Legal Advisor to expedite his advice at the earliest. The case adjourned to the next date.
4 Wed 21, Oct 2015  The case has, again, been taken up today. No legal opinion has been received although a reminder has been sent in this behalf. This case is pretty old and committee has decided that a reminder be issued in this case through a D.O. letter through officer concerned to expedite the case. The case adjourned to the next date.
5 Fri 20, Nov 2015  The case has, again, been taken up today by the committee for deliberation. The case is adjournment for further deliberations.

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