Delhi

East Delhi

CC/327/2014

MANMATHA - 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. 327 /14

 

Shri Mani Matha Nath Saha

R/o D-196, Ganesh Nagar

Delhi – 110 092                                                                           ….Complainant

 

Vs.

 

The Executive Engineer

BSES Yamuna Power Limited

Shakti Kiran Building

Karkardooma, Delhi – 110 092                                                     ….Opponent

 

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 Mani Matha Nath Saha has filed a complaint under Section 12 of the Consumer Protection Act against BSES Yamuna Power Limited (OP) for deficiency in services. 

2.        The facts in brief are that the complainant is a consumer of OP vide CA No. 100867296.  He was paying all electricity bills well in time.  He was shocked to receive a bill of Rs. 15,550/- in the month of July, 2013. He visited at the office of OP, but did not get any satisfactory reply.  He wrote a letter to OP requesting for change of defective meter.  He was pressurized by OP for payment of Rs. 5,000/- and assured that excess amount be adjusted in the future bill.  The complainant, under pressure, paid this amount.  Officer of OP changed the defective meter.

            In the month of October, 2013, the complainant got a bill dated 15.09.2013, which show that the meter was defective.  He visited at the office of OP and informed in writing that he deposit the bill as per current reading 249 of new meter no. 11433463.    Again, he was pressurized to deposit Rs. 4,600/- and he deposited the same. 

Complainant received a 3^rd bill on 11.11.2013 vide new meter no. 11433463 for Rs. 14,050/-.  The actual bill made Rs. 3,103/-.  OP refused to adjust the excess amount paid by the complainant.   Complainant received 4^th bill dated 09.01.2014 for actual amount of Rs. 2,403/-, but OP did not allow to deposit the actual bill.  Thus, the complainant prayed to stop the disconnection of connection no. 11433463; wave off illegal charges  and recall the bill dated 31.07.2013; adjust the excess amount deposited by the complainant; compensation of Rs. 80,000/-  for harassment, mental agony and pain and Rs. 15,000/- as litigation charges.    

3.        In the written statement, BSES Yamuna Power Limited (OP) have stated that the complainant had made the last payment on 23.11.2013 for Rs. 3,100/- and thereafter he failed to make the payment; after complaint, the meter was tested in the lab on 05.08.2013 and meter was found accurate;  during the defective period, consumption assessed on the last year recorded consumption basis.  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 Pramod Kumar Gupta, Commercial Officer, BSES 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.  It has been argued on behalf of OP that the meter of the complainant was got checked and there was “OK” report in respect of the same.  This fact has also been admitted by counsel for the complainant, who has stated that the meter was got checked by OP from their lab.  It has further been stated that the connection was not disconnected.  The fact that the meter was got checked and there was “OK” report in respect of the said meter, the question of waiving off illegal charges in the bill of dated 31.07.2013 does not arise.  The question of further compensation also does not arise as there was no deficiency on the part of OP.  The connection has not been disconnected, therefore, no order was required for the same. 

            In view of the above, we are of the opinion that there is no merit in the complaint which deserves its dismissal and the same dismissed.   

            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