Haryana

Karnal

CC/177/2017

Satpal - Complainant(s)

Versus

A.E.E. / S.D.O. Uttar Haryana Bijli Vitran Nigam Limited - Opp.Party(s)

Mahi Pal Singh

17 Oct 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.177 of 2017

                                                         Date of instt. 23.05.2017

                                                         Date of decision:17.10.2018

 

Satpal aged 64 years, son of Shri Nar Singh, resident of village Biana, Tehsil Indri, District Karnal.                                                                                                                                                                                                           …….Complainant       

                                        Versus

 

1. A.E.E./S.D.O. (OP), Uttar Haryana Bijli Vitran Nigam Limited, Sub Division, Garhi Birbal, District Karnal.

2.  Uttar Haryana Bijli Vitran Nigam Limited through its MD/Chairman, Sector-6, Shakti Bhawan, Panchkula.

                                                                  …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act.            

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

              Dr.Rekha Chaudhary…….Member

 

 Present  Shri Mahipal Singh Advocate for complainant.

               Shri B.P.Singh Advocate for opposite parties.

 

(Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that is the consumer of the OP and having electricity connection in his premises bearing account no.GJ-12-1814-X and the electricity meter is installed outside the premises of the complainant in the street. The complainant is regularly paying the electricity bills without any default. The complainant paid last bill of Rs.638/- on 25.04.2017. The complainant got shocked when he received bill no.00780 dated 19.05.2017 for the period of 07.04.2017 to 07.05.2017 amounting to Rs.20,533/- payable by 29.05.2017. In the said bill the consumption of units has been shown to the tune of Rs.197 units for one month and for that bill amounting to Rs.1077.75 has been calculated but an additional amount of Rs.19,455/-has been added without any reason or explanation as previously there was no outstanding amount towards any of bill against the complainant. The complainant never received any notice form the OPs regarding the alleged sundry charges/allowances illegally mentioned in the bill nor the officials OPs ever visited the premises of the complainant. The meter installed in the premises of the complainant is working properly and there is no defect or theft on the part of the complainant. The bill of Rs.20,533/- out of which Rs.19,455/-is illegal, arbitrary and against the principle of natural justice. It is further alleged that after receiving the said bill complainant requested the OPs to withdraw the illegal amount as shown in the bill on account of alleged sundry charges/allowances i.e.Rs.19,455/- and to accept the actual consumption bill i.e. Rs.1077.75/- but OPs did not hear the request of the complainant rather threatened that in case the complainant failed to deposit the entire amount of the bill in that eventuality his electricity connection will be disconnected. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, who appeared and filed written version raising preliminary objections with regard to locus standi; maintainability; cause of action; jurisdiction and concealment of true and material facts. On merits, it is submitted that the bill for an amount of Rs.20,533/- has been rightly sent to the complainant. An amount of Rs.19455/- has been found due towards the complainant while overhauling the account of the complainant from the period from 4/2013 to 3/2016 by the Audit Party.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and document Ex.C1 and closed his evidence on 21.11.2017.

4.             On the other hand, OPs tendered into evidence document Ex.OP1 and closed the evidence on 12.7.2018.

5.             We have appraised the evidence on record, the material circumstances of the case and the arguments advanced by the learned counsel for the parties.

6.             The counsel for the complainant argued that the complainant is regularly paying the electricity bill without any fault. On 19.05.2017, complainant received a bill of Rs.20,533/- for the period of 07.04.2017 to 07.05.2017, illegally as there was no outstanding bill against the complainant and prayed for set aside the illegal bill and awarded the compensation.

7.             On the other hand, the counsel for the OP argued that bill for an amount of Rs.20,533/- has rightly been sent to the complainant. An amount of Rs.19,455/- has been found due towards the complainant while overhauling the account of the complainant for the period from 4/2013 to 3/2016 by the audit party. The application was moved by the complainant for changing in the meter. The old meter was found defected and no reading was shown by the defected meter. After changing the defected meter, new meter was installed and consumption was assessed as per the reading of the new meter for the previous period and prayed for dismiss the complaint with costs.

8.             The electricity bill Ex.C1 was issued by the OP to the complainant amounting to Rs.20,533/-. According to the OP, said amount was assessed by the audit party for the period of 4/2013 to 3/2016. Neither any record for changing the electricity meter nor any application was moved by the complainant  placed on the record by the OP. Thus, OP has failed to prove in what manner the said bill was calculated.

9.             Thus, as a sequel to above discussion, we allow the present complaint and direct the OPs to set aside the bill dated 19.05.2017. We further direct the OPs pay Rs.3300/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied with within 30 days from the date of receipt of copy of this order.   The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced:

Dated:17.10.2018

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)                (Dr. Rekha Chaudhary)

            Member                               Member