Before the District Consumer Dispute Redressal Commission [Central], 5th Floor ISBT Building, Kashmere Gate, Delhi
Complaint Case No. 34/09.03.2022
Suresh Kumar s/o Late Shri Mukhtyar Singh
R/o House No. 12/96, G.B. Pant Hospital,
Darya Ganj, Delhi-110002 …Complainant
Versus
B.S.E.S. Yamuna Power Ltd.
(through its Business Manager)
BSES Yamuna Power Ltd. Kamla Market,
New Delhi. ...Opposite Party
Date of filing 09.03.2022
Date of Order: 16.09.2023
Coram: Shri Inder Jeet Singh, President
Ms. Shahina, Member -Female
Shri Vyas Muni Rai, Member
ORDER
Inder Jeet Singh, President
1.1. (Introduction to case of parties) –The complainant has grievances of deficiency of services against OP that the complainant applied for new electricity connection for his newly allotted government accommodation no. 12/96, Type-I, behind GIPMER MAMC, New Delhi, which was allotted to him vide letter dated 12.10.2019 by the Admn. Officer (Estate). Firstly, he was asked to deposit the electricity bills amount in respect of consumption of previous occupier and secondly an amount of Rs. 55,200/- was got deposited from him pertaining to previous occupier and then electricity connection was given that too after about two years but during that period his wife (suffering from cancer) had faced all trauma and the complainant also faced harassment etc. That is why, the complaint was filed for return of amount of deposited amount of Rs. 55,200/-, compensation of Rs. 25,000/- on account of mental agony and harassments, besides litigation costs of Rs. 5,500/-.
1.2. The OP failed to appear and contest the complaint, because of its continuous absence, OP was proceeded ex-parte on 08.02.2023 by formal order.
2.1. (Case of complainant) – The complainant is working as Chowkidar in G.B. Pant Hospital. He was residing in government accommodation 80/96, Type-I behind GIPMER, MAMC, New Delhi and he was allowed to change this accommodation. He was allotted government accommodation no. 12/96, Type-I, behind GIPMER MAMC, New Delhi, as per government allotment rules of FR & SR vide letter dated 12.10.2019. He shifted at the new address/allotted accommodation within the stipulated period. He also applied for electricity meter connection as his wife was suffering from cancer.
2.2. However, the electricity connection was not installed by officers of OP despite many reminders by the complainant, by his daughter as well as letters dated 04.11.2019 & 03.09.2021 by the Admin. Officer, (Estate). The OP even failed to response to those letters. The complainant’s wife continued to suffer for want of essential service of electricity despite she was already suffering from cancer.
2.3. The complainant was forced to pay amount of Rs. 32,400/- in one time on 12.12.2021, OP also issued ‘no dues’ in new C.A. No. 401317013 under user name Soniya-Suresh. The OP also demanded another amount of Rs. 22,800/-, which complainant also paid, he is having the receipts which will be produced by him if and when required, thus, OP has charged Rs. 55,200/-(i.e. Rs. 32,400+Rs. 22,800/-) illegally in lieu of installing new electricity meter, OP is harassing the complainant for the for more than two years.
The complainant had been visiting the office and officers of OP several times, however, all went in vain, since the OP asked on the one pretext or the other that there is outstanding electricity bills of previous resident and electricity meter will not be installed till previous outstanding bills are cleared by the complainant. It was illegal demand in the eyes of law, since the allotment department also made requests for recovery of outstanding bills from the previous allottee but despite it the OP was adamant to recover the outstanding bills from the complainant. The complainant was constrained to deposit amount to have new electricity connection. The complainant also sent legal notice dated 25.01.2022 asking the OP to install new electricity connect and make refund of the amount of Rs. 55,200/- taken from the complainant. The complainant also had sought information from OP under RTI by writing application dated 20.01.2022 with prescribed fee. On 18.02.2022 the electricity meter was installed by the OP after issue of demand note dated 15.02.2022 but till then long period of more than two years had elapsed.
2.4. The complaint is accompanied with record/copies of legal notice with postal receipts and track report, RTI application, copy of allotment letter dated 12.10.2019, copies of paid electricity bill, acknowledgment of application for new connection no. 008005319094, another application no. 008004179456 dated 30.11.2019 and online application, besides other documents like Aadhar card, etc.
5. (Evidence)- The complainant led his ex-parte evidence by filing his detailed affidavit with the support of documents already filed with the complaint.
6.1 (Final hearing)-The complainant also filed detailed written arguments, which is replica of pleading and evidence.
6.2. Sh. R. K. Gupta, Advocate for complainant made the oral submissions. During the course of oral arguments, the complainant was inquired about the receipts of deposit of amounts, the same were also furnished on behalf of complainant.
7.1 (Findings)- The contentions advanced are considered, keeping in view the material on record. By taking stock of the totality of record & circumstances, it is held that the complaint could not be proved for the following reasons:-
(i) The complainant was allotted this new accommodation vide letter dated 12.10.2019 (at page-24 of the paper book), there was time for five days to occupy the accommodation and as per complainant’s own version, he occupied the accommodation within stipulated period.
(ii) The complainant has proved deposit of amount of Rs. 32,400/- ( at page-25 of paper book). However, there are certain relevant material in this bill that this bill is for period 03.06.2020 to 03.06.2021, this period is subsequent to date of allotment of 12.10.2019. The bill was of 11.08.2021, which is subsequent to the date of allotment of 12.10.2019. The date of settlement of bill of 12.12.2019.
The other record filed during the course of argument also shows the total payment amount of Rs. 55,195/- [ which also includes previous partly deposited amount of Rs.32,400/-) however, this amount of Rs. 55,195/- pertains to the period 03.06.2020 to 02.06.2021. To say, the bill raised was for period 03.06.2020 to 02.06.2021, which is subsequent to date of allotment of 12.10.2019. This bill also pertains to bill issue on 11.08.2021.
(iii) The complainant has not proved any documentary record that there were outstanding electricity bills relating to previous occupant, which was got deposited from him. Complainant has also not proved any letter written by Admin. Officer (Estate) that there was outstanding electricity bill of previous occupant is to be recovered by the OP from those previous occupier(s).
(iv) Moreover, there was no installation of electricity meter till 18.02.2018 and the application form for the electricity connection was filed on 18.02.2022, for which security deposit of Rs. 1200/- was deposited on 15.02.2022.
(v) Moreover, on the face of bills deposited for Rs. 55,195/- was raised in respect of bill of supply of electricity (as Final Electricity Assessment of Tariff violation) for period 03.06.2020 to 02.06.2021, this bill does not reflect that it was pertaining to previous occupier in the said accommodation or as arrears of electricity bills.
(vi) The aforementioned circumstances does not make out case of either deficiency of services or of refund of amount of Rs. 32,400/- + Rs. 22,800/- in view of bills of supply of electricity (Electricity Assessment of Tariff violation).
7.2. Accordingly, complaint fails. The complaint is dismissed. No order as to costs.
8: Announced on this 16th September 2023 [भाद्र 25, साका 1945].
9. Copy of this Order be sent/provided forthwith to the parties free of cost as per rules for compliances.
[Vyas Muni Rai] [Shahina] [Inder Jeet Singh]
Member Member (Female) President
