Delhi

East Delhi

CC/450/2017

MEENU GULATI - Complainant(s)

Versus

B.S.E.S. - Opp.Party(s)

11 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 450/17

 

Ms. Meenu Gulati

R/o 54/2, Shastri Park

Chander Nagar, Delhi – 110 051                                  ….Complainant

 

Vs.    

 

BSES.

Krishna Nagar

Delhi – 110 051                                                              …Opponent

 

 

Date of Institution: 30.10.2017

Judgement Reserved on: 11.09.2019

Judgement Passed on: 16.09.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

            This complaint has been filed by Ms. Meenu Gulati against BSES (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that there was consumption charges dues for Rs. 9,200/- for electricity against CA no. 150842123 at 192, 2^nd floor, Ram Nagar Extension, Delhi – 110 051 as on 10.04.2017 and the last date for payment was 28.04.2017.  Complainant Ms. Meenu Gulati discussed the matter with the concerned authorities and they accepted three cheques for Rs. 4,200/- dated 21.04.2017, Rs. 3,000/- dated 21.05.2017 and              Rs. 2,000/- dated 21.06.2017.  The first cheque of Rs. 4200/- was presented by them which was cleared.  Remaining two cheques of           Rs. 3,000/- and Rs. 2,000/- were not presented by them despite repeated requests.  OP did not accept the current consumption dues stating that two cheques were yet to be presented. 

            As no action was taken by OP, the complainant wrote a letter dated 26.07.2017 requesting to present remaining two cheques to clear the whole issue, but nothing was done. 

            On 28.09.2017, one official of OP came at the premises at Ram Nagar and informed the husband of the complainant on phone that he had come to disconnect the connection.  He was informed by her husband that at present he was little far and shall contact him wherever desired, but the official of OP disconnected the call and removed the meter from the premises without any report in the absence of landlord or the tenant. 

At about 3.30 – 3.45p.m., when the lady tenant came to the house of the complainant and shouted saying how she should pull on with her small kid in such a scorching heat in absence of electricity, husband of the complainant approached BSES and requested that the disconnection was not called for as they were not at fault and the dues were not outstanding since the cheques with them were not presented for payment and the current dues were not accepted till clearance of dues for which cheques were lying with them.  They were requested to install the meter as the tenant had small baby and without electricity, it was getting difficult

            Official of OP told the complainant to give cheque for Rs. 8,590/- which included the amount of two cheques of Rs. 3,000/- and Rs. 2,000/-, current dues and LPSC for Rs. 629.29/-.  They also informed that installation will take place after 6 days as there were three holidays and three days for clearance of cheque. 

            It was stated that the insult in the street was aggravated when lady tenant shouted and the complainant tried to convince her.  Hence, the complainant has prayed for directions to OP to return two cheques for      Rs. 3,000/- and Rs. 2,000/- lying with them; reimbursement of LPSC charges as cheques were lying with BSES and compensation of              Rs. 2,00,000/- for defamation, harassment and insult.

 3.        In reply filed on behalf of OP, they have stated that the complainant was in arrears of Rs. 9,200 in the month of April, 2017 and she approached the division office of OP and requested for installments of the pending bill as she was unable to pay the same in time.  On humanitarian ground, she was granted installation in the pending bills.  Hence, she issued three cheques for Rs. 4,200/- dated 21.04.2017, Rs. 3,000/- dated 21.05.2017 and Rs. 2,000/- dated 21.06.2017.  First cheque of Rs. 4,200/- was encashed , but another cheque of Rs. 2,000/- could not be deposited due to overwriting. 

It was stated that an executive of OP was sent to the premises to collect the fresh cheque, where it was told by the tenant that they will inform the complainant for the same.  As none has approached the office of OP to deposit the fresh cheque, disconnection notice of pending dues were issued .  Despite issuing the disconnection notice, pending dues were not deposited.  Hence on 27.09.2017, meter of the complainant was removed against outstanding dues of Rs. 8,590/- as no payment was received between 21.04.2017 to 29.09.2017.  On receiving the pending dues on 29.09.2017, reconnection order was generated for installation of meter.   Other facts have also been denied.     

4.         In support of its case, the complainant have examined herself. She has deposed on affidavit.  She has narrated the facts which have been stated in the complaint.  She has also got exhibited copy of bill of             Rs. 9,200/- issued by BSES (Ex.CW-1/A), copy of receipt of three cheques of Rs. 4,200/-, Rs. 3,000/- and Rs. 2,000/- (Ex.CW-1/B), copy of reminder to BSES dated 26.06.2017 (Ex.CW-1/C), copy of complaint to the police (Ex.CW-1/D) and copy of complaint (Ex.CW-1/1). 

            In defence, OP have examined Shri Vijay Pal, Assistant Manager, Division Krishna Nagar in BSES, who have also deposed on affidavit.   He has also narrated the facts which have been stated in the WS. 

 

5.         We have heard husband of the complainant and Counsel for OP and have perused the material placed on record.  The only argument which has been advanced on behalf of complainant has been that BSES did not present two cheques out of three which were issued in favour of BSES.  He has stated that complainant issued cheque for an amount of Rs. 4,200 dated 21.04.2017, Rs. 3,000/- dated 21.05.2017 and Rs. 2,000/- dated 21.06.2017.  Out of these three cheques, BSES have got encashed the first cheque of Rs. 4,200/- which was of dated 21.04.2017.  Remaining two cheques of Rs. 3,000/- dated 21.05.2017 and Rs. 2,000/- dated 21.06.2017 were not presented, though, requested from time to time.  He has further argued that due to non-presentation of these cheques, their electricity meter was removed.

            On the other hand, Ld. Counsel for BSES have argued that they did not present the cheque of Rs. 2,000/- dated 21.06.2017 as there was over writing on it. 

 

6.         If the evidence on record is perused, it is noticed that BSES have withheld cheque of Rs. 3,000/- dated 21.05.2017, though they have placed on record cheque for an amount of Rs. 2,000/- dated 21.06.2017.  Even if there was over writing on the cheque of Rs. 2,000/- of dated 21.06.2017, BSES should have informed to the complainant and got the fresh cheque issued.  By withholding the cheque for an amount of Rs. 3,000/- of dated 21.05.2017 and not presenting these two cheques, it has led to disconnection.  Therefore, the testimony of Shri Vijay Pal, Asstt. Manager of BSES cannot be relied upon and the version given by the complainant have to be accepted. 

Thus, from the testimony of complainant and the documents got exhibited in the testimony of Shri Vijay Pal, Asstt. Manager of BSES, it comes out that BSES have withheld cheque for the month of May, 2017 and have not taken corrective steps to get a fresh cheque issued for the same.  This amounts to deficiency on the part of BSES.  When there has been deficiency on the part of BSES, it has led to mental pain and suffering to the complainant for which she has also to be compensated.

 

            In view of the above, it is ordered that OP shall reimburse the amount of LPSC of Rs. 629.29/-; to pay compensation of Rs. 1,000/- towards mental pain and agony and return two cheques for Rs. 3,000/- and Rs. 2,000/- lying with them to the complainant within a period of 30 days.

 

Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

 

(HARPREET KAUR CHARYA)                                          (SUKHDEV SINGH)

              Member                                                                          President