ਵਿਵਾਦ ਨਿਪਟਾਰਾ ਕੇਸ

ਵਿਵਾਦ ਨਿਪਟਾਰਾ ਕੇਸ

ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ :
ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ: Z6349
1.  ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ Z6349
1.  ਉੱਪ ਮੰਡਲ ਦਫਤਰ KAPURTHALA/DS CITY DIVN. NAKODAR/DS S/D SHAHKOT
2.  ਖਪਤਕਾਰ GC 44/24 of Sh/ Ms ST. Manu’s Convent S
3.  ਕੇਸ ਦਾਖਲ ਕਰਨ ਦੀ ਮਿਤੀ 2016-02-26
4.  ਵਰਨਣ Wrong MF.
5.  ਫੈਸਲਾ This case again, came up for hearing before the Committee on 22-11-2016. The detailed report/reply bearing Memo. No. 10161 dated 21-11-16 was presented by Dy. CE/DS Circle, Kapurthala and the same was placed on record. The committee noted thatthe meter of the consumer (Sr.No.909774- Avon make, 3x10- 60A) was replaced in 12/2012 vide SJO No. 56/44647 dated 02.08.2012 and new meter bearing Sr.No. PBB 19927, (Secure make 100/5A)&CTs havingSr.No. R-1467, Y- 1619 and B-4691 of 200/5A were installed in the premises of the consumer. Thus after the replacement of meter, the billing of the consumer was required to be done by applying MF of 2 (CTs200A/Meter100A =2 MF). However, due to non-sending of requisite input advice to the Computer Centre, the billing of the consumer from 01/2013 (first bill after replacement of meter) to the date of replacement of meter(Sr. No.PBB 19927) was wrongly done by applying MF of 1 (one). From the data provided to the committee by the P.O., it was observed that consumption of the consumer (from Jan to Dec) in the year 2009, 2010, 2011 and 2012 was 22563 units, 33328 units, 39096 units and 40622 units respectively. Thus there was increase in consumption every year. However, after the replacement of the meter in 12/2012, the consumption(Jan-Dec) in the year 2013, 2014 and 2015 was recorded as 22911 units, 21295 units, and 24328 units respectively. As such, the consumption billed from 1/2013 (after replacement of meter in 12/2012) is less by about 40-50% when compared with the consumption as recorded in the year 2012, whereas the consumption was increasing every year from the year 2009 to 2012. Further, after replacing the meter (Sr. No. PBB- 19927) with new meter in 02/2016, the billing was done by applying correct MF and consumption as recorded from 2/2016 to 10.11.2016 is 40922 units which is more than the consumption as recorded in corresponding period of the year 2012. Therefore, the committee is convinced that the billing of the consumer was done with wrong MF from 12/2012 tothe date of replacement of meter in 2/2016 which is substantiated from the consumption data from the year 2009 onwards and also from the documents provided to the committee by the P.O. The ZDSC also took note of the fact that supply from the connection is being used by Convent School and the Petitioner cannot be presumed to be ignorant about wrong billing as he had been paying the energy bills from 01/2013 to 2/2016 by about 50% less consumption when compared the consumption of the year 2012. The billing with wrong MF was detected when the connection of the consumer was checked by ASE/Enforcement vide his checking dated 22.01.2016 wherein the capacity of meter (Sr. No. PBB- 19927) was reported as 100x5A an CT as 200/5A and resultant MF-2. On the basis of this checking, the account of the consumer was overhauled from 08/2012 to 09/2015 by charging the amount of difference with actual MF of 2. Representative of Petitioner submitted that the consumer received bill dated 27.09.2015 with reading on 10.09.2015 as 63397 having meter serial number 909774 with meter status \"O\". Thus working of meter was OK up to 10.09.2015. Petitioner received bill dated 25.10.2015 having meter serial number 909774 for the meter reading period 10.09.2015 to 10.10.2015 with meter status \"D\" and charged average of 2034 units. Thus meter was replaced with meter serial No.1213736. Petitioner received bill dt.26.11.2015 for meter reading period 09.11.2015 to 09.11.2015 having meter serial number 1213736 with meter status \"C\". Petitioner received bill dt.26.01.2016 for the meter reading period 09.12.2015 to 11.01.2016 with meter status \"O\". Thus working of meter was OK up to 11.01.2016. Petitioner received bill dt. 25.02.2016 for the meter reading period 11.01.2016 to 09.02.2016 with meter status \"R\" (meter burnt). Existing meter serial number 1213736 was replaced with serial number PBB19927 on 11.01.2016, thus meter serial number PBB19927 burnt in between date of 11 January to 21 January date of alleged enforcement checking. Petitioner received bill dt.24.03.2016 for the meter reading period 09.02.2016 to 09.03.2016 with meter number15524599, having stats \"C\". Petitioner received bill dated 26.04.2016 for the meter reading 09.03.2016 to 11.04.2016 with meter status \"O\". This clearly shows that working of the meter serial number 1213736 was OK up to 11.01.2016, thus no charges can be levied for the period prior to 11.01.2016. The meter number 909774 was installed on 19.07.2012 at meter reading 3 and reading of meter number 909774 on 10.09.2015 was 63397 units. P.O. in his reply confirmed that meter bearing Sr. No. PBB- 19927 remained installed in the premises of the consumer from 16.12.2012 to 17.02.2016. As such account of the consumer was required to be overhauled for this period. The P.O. in his reply made clear that meter bearing Sr.No.909774 was installed in 07/2012 vide MCO No.145/70804 by replacing the old meter with Sr.No.7311030. The P.O. also pointed out that the sanctioned load of the consumer was 69.24 KW and LT/CT meter was required to be installed. As such, the meter bearing Sr.No.909774 was replaced with meter Sr. No. PBB 19927 (capacity 100/5A) in 12/2012 and CTs of 200/5A having Sr.No.R-1467, Y-1619, B-4691 were also installed along with meter. ASE/Enforcement vide his checking dated 22.01.2016 has also confirmed the Sr. Nos. and capacity of both meter and CTs. The P.O. in his reply confirmed that Sr.Nos of CTs were wrongly mentioned on the relevant SJO by mistake. Further, the PO also clarified that meter bearing Sr.No.1213736 (Whole Current Meter) was issued for replacement of defective meter (as per key exception of 10/2015) existing in the premises of the consumer and advice for replacement of meter was also sent to the Computer Cell. However, when the concerned official visited the site and noted that LT/CT meter had been installed in the premises of the consumer, so he did not replace the meter,as checking from Enforcement Wing is required to be done before replacement of LT/CT meter. As such, the meter was not replaced but the advice showing replacement of meter with new meter (Sr.No.1213736) was effected in the Computerized Billing record, whereas actually meter bearing Sr. No. PBB 19927 remained in the premises of the consumer, until its replacement in 02/2016. The ZDSC was convinced with the position explained by the P.O. regarding billing with wrong MF due to non-sending of requisite advice to the Computer Centre at the time of replacement of meter in 12/2012 and thereafter sending of wrong advice in the month of 12/2015 against installation of new meter bearingSr. No. 213736, which was never installed. The committee also considered the various submissions made and irregularities pointed out by representative of consumer which led to wrong billing from12/2012 to 02/2016. The committee was of the view that there were certain lapses on the part of the concerned officials which is reason of billing with wrong MF,at the same time the committee cannot ignore the fact that the consumer also did not approach the concerned office for rectification of wrong bills issued during the period 12/2012 to 02/2016, although the bills for this period were issued with 40-50% less consumption than the normal/actual consumption. The committee also kept in view that due to less billing PSPCL suffered financial loss due to delay in the recovery of legitimate dues against actual energy consumed. As such, the petitioner cannot be given any benefit/relief due to certain lapses on the part of officials of PSPCL for not ensuring billing by applying correct MF. However, strict disciplinary action is required to taken against the delinquents. Further, the committee considered that a note below Regulation 21.5.1 of Supply Code-2014 has been added as under:- “Where accuracy of meter is not involved and it is a case of application of wrong multiplying factor, the accounts shall be overhauled for the period this mistake continued.” In view of above discussions, the committee came to the unanimous conclusion that account of the consumer is required to be overhauled from 12/2012 to17.2.2016 (date of replacement of meter Sr.No. PBB 19927) by applying correct MF of 2, instead of from 9/2012 to 12/2015. The balance amount be recovered along with applicable surcharge/interest as per instructions of PSPCL.
6.  ਫੈਸਲੇ ਦੀ ਮਿਤੀ 2016-11-22
ਸੁਣਵਾਈ/ ਪੇਸ਼ੀਆਂ
Page 1/1
 
Sr Noਸੁਣਵਾਈ ਦੀ ਮਿਤੀਵਰਨਣ
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PROCEEDINGS: This case came up for hearing before the Committee on 28-03-2016. Er. Kanwar Jaswant Singh, SE/DS Circle, Kapurthala presented the case before the Committee. Sh. Amit Kumar, Administrator of ST. Manu’s Convent School, Shahkot appeared before the Committee who has produced the Power of Attorney which has been placed on record. He has further submitted his petition which has been placed on record and a copy of the same has been provided to SE/DS Circle, Kapurthala with the direction to offer his comments within 7 days to Committee members with a copy of the same to the consumer. The consumer is further directed to submit his rebuttal, if any, within next ten days.

SE/DS Circle, Kapurthala is further directed to supply the following documents to the Committee:-

1. Consumption along with reading and meter status from the year 2012 till date in tabulated form.
2. The details of increase in load, if any, from the year 2012 till date.
3. Details of change of meter, if any, from the year 2012 till date along with the documentary proof such as SJO and MCO.
4. Details of checking carried out by various agencies, if any, from 2012 till date.
The case is adjourned to the next meeting.
2 Fri 29, Apr 2016  This case, again, came up for hearing before the Committee on 29-04-2016. Er. Kanwar Jaswant Singh, SE/DS Circle, Kapurthala presented the case before the Committee. He has supplied his comments vide his office Letter No. 7270 dated 27-4-16 which has been placed on record. None for the consumer was present. An E-mail dated 29-4-2016 has been received from the consumer and the same has been placed on record. A copy of the same has been supplied to the SE/DS Circle, Kapurthala for necessary action and compliance within one week to the Committee. The case is adjourned to the next date keeping in view the request of the consumer in the E-mail for its adjournment. The case is adjourned accordingly to the next date.
3 Tue 07, Jun 2016  This case, again, came up for hearing before the Committee today. Er. Kanwar Jaswant Singh , SE/DS Circle, Kapurthala presented the case before the Committee. Smt. Jagjit Kaur Principal appeared before the committee on behalf of the consumer. The consumer’s representative submitted list of documents required for submitting petition, to the Committee which has been placed on record. A copy of the same has been supplied to SE/DS Circle, Kapurthala for supplying the documents as asked for, to the consumer within 7 days who will submit petition within 7 days thereafter to the ZDSC, with a copy to the SE/DS Circle, Kapurthala who will submit his comments thereon in detail within the next 10 days. The case is adjourned to next date. .
4 Fri 22, Jul 2016  This case, again, came up for hearing before the Committee on 22-07-2016. Er.Kanwar Jaswant Singh, Dy. CE/DS Circle, Kapurthala presented the case before the Committee. Sh. Nathu Ram Head Clerk of the School has submitted letter dated 22-7-16 from the Principal of the School which has been placed on record. He confirmed that all the documents relevant with the case, have been received from Dy. CE/DS Circle, Kapurthala
The case is adjourned to the next date with direction that any representation or rebuttal, if any, is deemed fit to be submitted by the consumer, shall be submitted to the Committee within 10 days from today with a copy to the Dy. CE/DS Circle, Kapurthala for his reply/comments. The case is adjourned accordingly with final opportunity to the consumer to make submission before the committee.
5 Fri 22, Jul 2016  This case, again, came up for hearing before the Committee on 22-07-2016. Er.Kanwar Jaswant Singh, Dy. CE/DS Circle, Kapurthala presented the case before the Committee. Sh. Nathu Ram Head Clerk of the School has submitted letter dated 22-7-16 from the Principal of the School which has been placed on record. He confirmed that all the documents relevant with the case, have been received from Dy. CE/DS Circle, Kapurthala
The case is adjourned to the next date with direction that any representation or rebuttal, if any, is deemed fit to be submitted by the consumer, shall be submitted to the Committee within 10 days from today with a copy to the Dy. CE/DS Circle, Kapurthala for his reply/comments. The case is adjourned accordingly with final opportunity to the consumer to make submission before the committee.
6 Wed 14, Sep 2016  This case, again, came up for hearing before the Committee on 14-09-2016. Er. Kanwar Jaswant Singh , Dy. CE/DS Circle, Kapurthala presented the case before the Committee. He has stated that he has sent the documents to the consumer vide No. 2342 dated 12-9-14, copy placed on record today. Sh. Sulakshan Kumar Jindal Manager of the School (Consumer) appeared before the committee. He has produced the Power of Attorney dated 19 Aug. 2016 authorizing Sh. Vijay Talwar General Secretary, National Electricity Consumers Association, Jalandhar and or Sh. Sulakshan Kumar Jindal which has been placed on record. Sh. Vijay Talwar has stated that he has received the comments only on 14-9-16 and he had no time to submit the rejoinder. He states that he may be given time to submit his rejoinder and evidence. Dy. CE/DS Circle, Kapurthla is directed to supply consumption dated from 01.01.2011 to till date. He is also directed to given the print out of the meter in dispute for the disputed period may be got down loaded and supply to the consumer at the earliest. The case is adjourned finally to the next date in the interest of justice.
7 Thu 20, Oct 2016  This case, again, came up for hearing before the Committee on 20-10-2016. Er. Kanwar Jaswant Singh , Dy. CE/DS Circle, Kapurthala presented the case before the Committee. Sh. S.K. Jindal Manager alongwith Sh. Gulshan Talwar Advocate was present on behalf of the consumer. The consumer has submitted his rejoinder vide Ref. No. 337/2016 dated 18-10-16 to the Dy.CE/DS Circle, Kapurthala and the same has been received by the Committee today along with his comments on it and the same has been placed on record. The Dy. CE/DS Circle, Kapurthala Er. Kanwar Jaswant Singh has stated that he does not want to lead any more evidence at this stage. Sh. Vijay Talwar and Sh. Gulshan Talwar have argued the case at length in the presence of Dy. CE/DS Circle, Kapurthala. All the points argued by Sh. Talwar need further discussions and the Dy. CE/DS Circle, Kapurthala is directed to complete detailed reply each of the points raised by Sh. Talwar to the committee for final discussions and decision on the next date. The consumer need not be asked to appear on the next date. The case is adjourned to the next date for discussion and decision.

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