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Tahir Mahmood Hamdani vs X.EN IESCO

CourtDistrict Consumer Court
Case No.97 of 24.10.2012
Date2012-11-05
Judge(s)Sohail Nasir
ResultN/A

1. Mr. Tahir Mahmood Hamdani (hereinafter to be called claimant) by filing this claim under section 25 of the Punjab Consumer Protection Act, 2005 (hereinafter to be called the Act) has maintained that he is a consumer being supplied services by defendant/IESCO for electricity energy against consideration on monthly basis; staff of defendant is in habit to show consumption of fake units by claimant while sitting in office or house which amounts to defective and faulty services; because of showing of fake consumption claimant is also burdened to pay an amount excess to the units which he consumed; claimant issued legal notice to defendant and informed that he would approach Consumer Court; even after notice defendant's staff made no change in its conduct and had again shown consumption fake units; because of this continuous practice of defendant claimant has to suffer monetary loss, mental agony and wastage of time.

2. Claimant has prayed to impose Rs. 10,00,000/- (ten lac) as damages on defendant with issuance of direction for future to proceed with care and responsibility.

3. Today on Courts' directions X.EN/defendant and SDO have appeared in person. Defendant has submitted a reply where without any ambiguity it has been admitted that consumption of excess units by claimant was shown on different occasions. He further asserted that charge sheet has been issued to concern Meter-Reader. With this reply a statement has also been submitted by defendant showing the use of fake units by consumer on the basis of so-called meter reading by Meter-Reader and then correction by department.

4. It is a case of admission on the part of defendant now. Rule 14 (2) of the Punjab Consumer Protection Rules, 2009, authorizes this Court to decide a claim on the basis of merit of the case and documents available on record if the defendant admits the allegation made by claimant.

5. Perusal of documentary evidence in this case reveals that in the month of July-2012, 380 units were shown to have been consumed by claimant which was a bogus reading and when defendant was approached correction was made which resulted only use of 170 units by consumer. In the month of October-2012 again 440 fake units against consumer/claimant was shown which in fact was only 381. The most interesting event is that in October-2012 present reading was 14450 units and now when a corrected bill has been sent by defendant the present reading that means today or yesterday is only 14365 that means 85 units less.

6. This is a common complaint against electricity supply authorities and I can confidently say that every citizen of this country is crying against such highhandedness on it for showings fake units to be used by their consumers but it appears that till today none form higher authorities tried to feel these agonies of citizens and simply issued warnings to officers and officials of said department through so-called press release. In these circumstances I cannot turn down the plea of claimant with regard to monetary loss, mental agony and wastage of time because of defective and faulty services by IESCO. Therefore, it is a fit case for use of all enabling provisions of the Act for the purpose of relief to claimant which to my mind must be exemplary so it may open the eyes of authority to make their system effective.

7. In view of above this claim is accepted. In terms of section 31 of the Act, I issue an order to IESCO to take following actions:-

1. To pay Rs. 5,00,000/- (five lac) as damages to claimant within a period of one month from today.

2. To ensure forthwith issuance of correct bills in accordance with meter reading not only to claimant but every consumer who is availing services from IESCO.

3. To proceed against concern Meter-Reader and Supervisor under the Rules for being inefficient which to my mind is also a misconduct.

08. File shall be consigned to record room after its due completion.

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