Delhi

East Delhi

CC/657/2014

MANARANJAN MISHRA - Complainant(s)

Versus

BSES - Opp.Party(s)

09 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 657/14

 

Shri Manoranjan Mishra

S/o Shri J. Mishra

R/o B-54, 2^nd Floor

Shashi Garden, Patparganj

Mayur Vihar Phase-I, Delhi – 110 091                                        ….Complainant

Vs.

1. M/s. BSES Yamuna Power Limited

Through its Managing Director

Shakti Kiran Building

Karkardooma, Delhi – 110 092

 

2. Managing Director

M/s. BSES Yamuna Power Limited

Shakti Kiran Building

Karkardooma, Delhi – 110 092

 

3. Manager (Div.) MVR-I & II

M/s. BSES Yamuna Power Limited

Divisional Office, Substation Building

Adj. to LSC Pkt.-I, Mayur Vihar Phase-I

New Delhi – 110 091                                                                            ….Opponents

 

Date of Institution: 21.07.2014

Judgment Reserved on:09.01.2017

Judgment Passed on: 11.01.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Shri Sukhdev Singh (President)

 

JUDGEMENT

The complainant Shri Manoranjan Mishra has filed a complaint under Section 12 of the Consumer Protection Act against BSES Yamuna Power Limited (OP-1), Managing Director, BSES (OP-2) and Manager (Div.) MYVR-I & II, BSES (OP-3) for deficiency in services and unfair trade practice. 

2.         The facts in brief are that the complainant applied for electricity connection at B-54, 2^nd Floor, Shashi Garden, Patparganj, Mayur Vihar Phase-I, Delhi – 91 in the year 2006.  After depositing the statutory amount, the respondents installed meter No. 23527215/C.A No. 101156072 in the name of the complainant and supplied the electricity. 

 In the year 2010, respondents sent a notice to the complainant by demanding the bill amount of some other person of the same building and the complainant replied to the said notice.  Again, in 2014, respondents made similar demands to the complainant and the complainant replied to the same.  Respondents also send their goons in odd hours to the house of the complainant demanding illegal money.   

In 2014, the complainant was out of station w.e.f. 23.05.2014  to 30.06.2014 and during the said period, his residence was locked.  After returning back, he received a bill dated 25.06.2014 of Rs. 2260/-.   According to bill, the complainant was liable to pay the bill of actual consumption of electricity i.e. Rs. 80.92/-.  The complainant asked the respondent to accept the actual bill amount, but they did not accept the same.  The complainant also came to know that other flat owners of the same building also received similar notices.  Hence, the complainant has stated that respondents be directed to pay compensation of Rs. 50,000/- for harassment & mental agony, Rs. 10,000/- expenses incurred towards visiting the office of the respondents and Rs. 30,000/- cost of litigation.

3.         In the written statement, BSES Yamuna Power Limited (OP) have stated that the complainant was liable to pay the outstanding amount of Rs. 2,184/- which has been rightly transferred to the connection of the complainant; the outstanding amount of Rs. 2,184/- was transferred to the connection of the complainant on pro rata basis and respondent company was within its rights to recover amount of bill due to transfer of dues from the complainant.   Other facts have also been denied.

4.         The complainant has filed rejoinder to the WS of OP, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.         In support of its claim, the complainant has examined himself.  He has deposed on affidavit.  He has narrated the facts, which have been stated in the complaint. 

            In defence, Shri Sourabh, Asstt. Manager (PS), Yamuna Power Limited has deposed on affidavit.  He has also narrated the facts, which have been stated in the WS.  .

6. We have heard Ld. counsel for the parties and have perused the material placed on record.  During the course of arguments, it has been stated on behalf of the complainant as well as BSES Yamuna Power Limited that the complainant have paid the bill of dated 25.06.2014 of Rs. 2,260/- including the disputed amount of Rs. 2,179.26.  Since the complainant have already paid the amount of bill of dated 25.06.2014, no cause of action survives and the prayer made in the complaint with regard to quashing of the bill does not arise.  Further, with regard to compensation, since the main relief goes, the question of compensation also does not arise.  Hence, the complaint deserves its dismissal and the same is dismissed.  There is no order as to cost.

            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