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DALJEET SINGH S/O TULSI RAM filed a consumer case on 12 Oct 2015 against 1. JUNIOR ENGINEER UHBVNL,2. THE CHAIRMAN UHBVNL in the Sonipat Consumer Court. The case no is CC/118/2015 and the judgment uploaded on 23 Oct 2015.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
SONEPAT.
Complaint No.118 of 2015
Instituted on:01.04.2015
Date of order:16.10.2015
Daljeet Singh Dahiya son of late Tulsi Ram, resident of village Bhatgaon Dungraj (Sonepat) at present r/o H.No.5/507, Indra Colony, Sonepat.
...Complainant.
Versus
1.The Junior Engineer, UHBVN Ltd. village Bhatgaon, tehsil and district Sonepat.
2.The Chairman, UHBCNL Shakti Bhawan, Sector 6, Panchkula, Haryana.
...Respondents.
COMPLAINT UNDER SECTION 12 OF
THE CONSUMER PROTECTION ACT,1986
Argued by: Sh. Bharat Singh Adv. for complainant.
Sh. SK Dahiya, Adv. For respondents.
BEFORE NAGENDER SINGH, PRESIDENT.
PRABHA WATI, MEMBER.
D.V. RATHI, MEMBER.
O R D E R
Complainant has filed the present complaint against the respondents alleging therein that he was consumer of the respondents vide account no.BG-14/1269 which was in the name of his father Tulsi Ram. The complainant shifted his residence from native village and is now residing at H.No.5/507, Indra Colony, Sonepat since 3/2010. The complainant has moved an application to the respondent no.1 to disconnect the electric supply in his premises and the official of the respondents disconnected the same from the electric pole and electricity meter was also removed. The complainant received an impugned electric bill from the respondents in 8/2014 in the sum of Rs.36506/- alongwith penalty of Rs.1074/- for not paying the alleged bills. The complainant has alleged the said bill to be wrong and illegal. The complainant has also received another impugned bill in 10/2014 amounting to Rs.37956/- with penalty of Rs.1117/- in case the bill is not paid on due date. The complainant has alleged the action of the respondents to be wrong and illegal. So, he has come to this Forum and has filed the present complaint.
2. In reply, the respondents have submitted that the electricity connection is installed in village Bhatgaon Dungran. The account holder of electricity connection no.BG-1269 did not pay the bill dated 2.2.2011 till now. The amount of Rs.33583/- are outstanding against this connection. According to ledger, the account holder of connection no.1269 did not pay a single penny form 2/11 till now. The bills sent to the complainant are correct and legal. The bill to the tune of Rs.39073/- is also correct and legal and the complainant is legally bound to pay the same. There is no deficiency in service on the part of the respondents and thus, prayed for the dismissal of the present complaint.
3. We have heard the arguments advanced by the ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.
4. At the time of arguments, it was submitted by the complainant that Rs.5000/- were deposited in January, 2011.
The bare perusal of the ledger shows that an amount of Rs.4040/- was outstanding in Feb, 2011. As per complainant, he moved an application for disconnection of electricity connection from his premises in the month of January, 2011 and deposited all the dues pending against him and the electricity connection was disconnected, whereas the respondents are still showing continue the said electricity connection.
In the present case, vide order dated 7.9.2015, Shri Satish Chand, Adv. Sonepat was appointed as local commissioner and he has submitted his report before this Forum. As per his report, on 17.9.2015 at about 11 am, the local commissioner alongwith Vajir Singh AFM reached on the spot. In that premises one lady Meena was running Aaganwari from last about six years. She told that there is no electricity connection or electricity meter in the said premises for the last about six years. Further Vajir Singh AFM has made a report that there is no electricity connection in the premises in question.
In our view, the report of local commissioner has made the picture clear and after taking into consideration the report of local commissioner, we are of the view that there is no electricity connection in the premises in dispute and the electricity connection was disconnected by the respondents. However, in our view, since it is proved that Rs.4040/- is outstanding against the complainant, the complainant is liable to pay the amount of Rs.4040/- to the respondents. The complainant is directed to pay the said amount to the respondents within a period of one month from the date of passing of this order, otherwise, the respondents will be at liberty to charge the interest/surcharge or penalty on the amount of Rs.4040/- as per rules of the Nigam.
With these observations, findings and directions, the present complaint stands disposed off.
Certified copy of this order be provided to both the parties free of cost.
File be consigned to the record-room.
(Prabha Wati) (DV Rathi) (Nagender Singh-President)
Member DCDRF Member DCDRF DCDRF, Sonepat.
Announced:16.10.2015
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