PLA quashes PSPCL's demand of Rs3L, terms it illegal, arbitrary

Rajneesh Lakhanpal

Legal Correspondent

Ludhiana, March 31

The decision of the Punjab State Power Corporation (PSPCL) to raise a demand of Rs3,05,275 without issuing any show-cause notice is against the principles of natural justice, observed the Permanent Lok Adalat (PLA), while quashing the demand terming the same to be illegal & arbitrary.

Pronouncing the verdict, PLA chairman Balwinder Singh Sandhu, its members Rajwinder Kaur and VM Wadhawan held, “there is nothing in the pleadings and evidence of the respondents (PSPCL) that before issuing such demand, a show-cause notice on the basis of such report of ME Lab was issued to the applicant as to why such additional charges be not imposed, meaning thereby that the basic principles of law Audi Alteram Partem has been compromised”.

The order was passed while deciding the complaint moved by Murti Devi of Urban Estate, Phase I, Jamalpur, Ludhiana.

In its complaint, the applicant had stated that in October 2020, officials of the department changed their meter without consent and any intimation. Neither the applicant nor her representative was present at the time of the removal of the old meter. They were also not present during the installation of the new meter. The old meter was also not inspected or tested by ME Lab in the presence of the applicant. No prior notice was issued to the applicant seeking her presence at the time of inspection of the old meter. Suddenly, in January 2021 the demand was raised.

The PSPCL pleaded that there was a huge difference between the reading recorded in the ledger and the actual reading found in the meter checked in the lab. So, on the basis of the report, account was overhauled and demand was rightly raised. It was also pleaded by them that the applicant might have managed the incorrect reading in connivance with staff of the PSPCL.

In its order, the PLA held that PSPCL was at least required to remove the meter in the presence of the applicant or her authorised agent. She was also required to be informed to check the reading of the meter at the time of its removal, but no such step was taken by them. Even the name of the official, who removed the meter, had not been disclosed. Once, they had admitted that the meter was defective and such defect had not been reported by the lab. It cannot be believed that such alleged tampering was done by the applicant.

According to the respondents, such tampering was made to make it defective in connivance with officials of the respondents. During the course of arguments, when the counsel of the department was asked as to whether any action has been taken against the officials, who allegedly connived with the applicant, he fairly conceded that no such action had been taken against those officials. Even the name of the officials had not been specified, further remarked the PLA.

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