Delhi

East Delhi

CC/444/2017

N.K. RIHATGI - Complainant(s)

Versus

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

20 Mar 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. 444/17

 

Shri N.K. Rohatgi

C/o Mr. P.K. Dutta,

Falt No. B-29, CGHS Tarang Apartments,

Plot NO. 19, IP Extension, Patarganj,

Narwana Raod, Delhi- 110092

                                                               ….Complainant

Vs.

         

BSES Yamuna Power Ltd.(BYPL)

Through its Commercial Officer/ Business Manager (Commercial)

Laxmi Nagar Division Office,

37, KV Sub Station Building,

East Guru Angad Nagar, Near Radhu Palace,

Laxmi Nagar, Delhi- 110092

                                                                                    …Opponent

 

Date of Institution: 27.10.2017

Judgement Reserved on: 23.03.2019

Judgement Passed on: 25.03.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

Jurisdiction of this forum has been invoked by Shri N.K. Rohatgi, the complainant alleging deficiency in service and unfair trade practice against BSES Yamuna Power Ltd.(BYPL), OP.

2.       The complainant purchased flat No. B-29 CGHS, Tarang Apartments, from Mr. P.K. Dutta, which was having an electric connection under contract account no. 100971122, meter               no. 13001171. The complainant became beneficiary of this connection. M/s BYPL have a fixed drop box to collect and receive payment by cheque only for its electric bill from its contract account holders, if the amount was above Rs. 4,000/- One such drop box was affixed in CGHS Tarang Apartments, IP Extension Patpatganj Delhi- 110092, where the complainant resides. It has been stated that he received a bill on 17.06.2017 for an amount or Rs. 7,840/-, which the complainant paid through an account payee cheque number 622441 dated 07.06.2017 drawn on Chief Post Master, Delhi GPO from its saving account of 001259552 by dropping in the said drop box in the presence of Mr. Surender Singh Rawat, a Security Supervisor of said CGHS Tarang Apartments on 17.06.2017. BYPL has sent a notice dated 13.06.2017 for disconnection of electricity supply for non-payment of Rs. 7,840/-. The complainant immediately contacted BYPL’s officials on 26.07.2017 in its Laxmi Nagar Division Office and obtained new printout of June 2017 bill of Rs. 7,840 and July 2017 bill of Rs. 4,900 as extended due date of 25.07.2017 and paid them through 2 new cheques of Rs. 7,849/- and Rs. 4,900/- at its payment counter at Laxmi Nagar Division Office the same day.

It has been further stated that despite these payments BYPL claimed past dues since July 2017+ LPSC of Rs. 903.38 + 66.14= 969.52. The complainant also paid bill of August 2017 of  Rs. 5,870/- including arrears of LPSC at OPs cash counter in IP Extension on 22.08.2017 of a cheque under coercion of disconnection. Complainant sent a notice dated 26.08.2017 containing his reply of OPs notice dated 30.06.2017 and a further notice under the Consumer Protection Act, 1986 claiming refund of Rs. 969.52/- with reasonable compensation for mental pain and agony, which was caused by deficiency in OP’s negligent service of billing and collection of payment through drop box at Tarang Apartments. The OP sent a confusing reply of dated 05.09.2017 denying its liability. Thus, the complainant have prayed for refund of Rs. 969.52/- on account of LPSC due to deficiency in service alongwith compensation of Rs. 13,640/- due to mental pain and agony.

In response to complaint, BYPL ,OP have denied that complainant have deposited a cheque in the drop box affixed in the CGHS Tarang Apartments, IP Extension. They have stated that if the complainant would have dropped, the same would have been collected by OP as not a single case has been reported in the past that a cheque has been dropped by a consumer and the same has not been received by OP. They have denied other facts also.

3.       In support of its complaint, the complainant have deposed on affidavit. He has narrated the facts which have been stated in the complaint. He has also examined, Shri Surender Singh Rawat, a Security Supervisor at Tarang Apartments, who has stated that on 17.06.2017, Shri N.K. Rohatgi, the owner of flat B-29, Tarang Apartment, dropped his cheque of July 2017 in the drop box of BYPL. He has further stated that the drop box was regularly operated by staff of BYPL.

In defence, BYPL have examined Shri Pramod Gupta, Commercial Officer, who have deposed on affidavit. He has denied that complainant have dropped cheque in the drop box affixed in the CGHS, Tarang Apartments. He has further stated that if the same had been dropped by him then the said cheque would have been collected by OP as not a single case has been reported in the past that a cheque has been dropped and the same has not been received by OP. The complaint was frivolous one in order to escape the liability to pay dues which were legally recoverable. The complainant have paid bills with LPSC. There was no negligence on their part nor any deficiency.

4.       We have heard the complainant and Ld. Counsel for OP. During the course of arguments, it has been stated on behalf of BYPL that they have adjusted the LPSC. Though, BYPL have adjusted the LPSC, but the complainant have pressed his complaint for compensation. During the course of proceedings efforts were made for settlement. Counsel for BYPL was directed to adjust the LPSC, which was recovered from the complainant. BYPL have adjusted the LPSC at the instance of the forum. The fact that BYPL have adjusted LPSC, the complainant should not have pressed for any compensation. When the BYPL have adjusted the LPSC through settlement on the efforts made by this Forum, we do not deem it proper to award any compensation to the complainant. Thus, the complaint stands dismissed as settled.

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

          File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                                               (HARPREET KAUR CHARYA)

         Member                                                                            Member    

 

     (SUKHDEV SINGH)

                                                 President