Chandigarh

DF-I

CC/232/2020

Smt. Bholi Devi - Complainant(s)

Versus

Chandigarh Electricity Department - Opp.Party(s)

In Person

17 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.

:

CC/232/2020

Date of Institution

:

28/07/2020

Date of Decision   

:

17/06/2022

 

Smt. Bholi Devi wife of Late Sh.Dharam Singh, R/o House No.1449, Mohalla Nagla, Manimajra, Chandigarh.

… Complainant

V E R S U S

The Sub-Divisional Officer (Elcty.) Chandigarh Electricity Department, ELC ‘OP' Division No.8, Manimajra, Chandigarh.

… Opposite Party

CORAM :

SURJEET KAUR

PRESIDING MEMBER

 

SURESH KUMAR SARDANA

MEMBER

 

 

 

 

                                                

ARGUED BY

:

Complainant in person.

 

:

Dr.Shri Ram, Govt. Pleader for OP.

 

Per Suresh Kumar Sardana, Member

  1.      The long and short of the allegations are that the complainant is the owner of the house No.1449, Mohalla Nagla, Manimajra, Chandigarh which is purchased by her from its owner Sh. Joginder Kumar. Copy of the sale deed is annexed as Annexure C-1. The complainant is the bona fide consumer of the electricity on the domestic basis under account No.208/MA/37/063400W and the bill is still received in the name of old owner namely Sh.Shadi Ram. Copy of the said bill is annexed as Annexure C-2. The complainant has received a electricity bill No.033124 dated 22.09.2019 for worth Rs.1,06,924/- which is an exorbitant amount of the domestic consumption of the electricity, in which the arrear is also included perhaps it will be old dues of the old owner and inspite of the same, the complainant paid the amount of Rs.1,25,000/- (Annexure C-3). The complainant asked to the department that the excess amount is deposited but they are not ready to hear. Hence excess amount is paid as shown in the details and is amended for Rs.1,06,924/- because it was for Rs.1,11,154/- after including the fine after due date and their treatment is totally illegal as they neither taking the consumption as per meter reading nor correcting the bill. Hence, complainant has filed the instant complaint.
  2.     Opposite Party contested the consumer complaint and denied the allegations of any deficiency in service. In the present case, the bill of the said premises is pending since long. The complainant purchased the house but no NOC has been taken from the department regarding pendency of dues. Further arrears of the said connection is still pending as per the consumption of the occupier. Copy of the calculation sheet is annexed as Annexure R-1. There is a proper procedure available in the department for change of the name but complainant has not approached the department with any such request. Therefore, the bill still continues under the name of the previous owner. It’s the duty of the complainant to file the request alongwith requisite fee for change of the name. The complainant admits this fact through sale deed attached with the complaint that she purchased the premises on 26.09.2018 from the previous owner with all connections and securities. Therefore at this stage the complainant cannot run from her liability of paying the arrears. The complainant never made regular payment after purchase of the said house; same is evident from the Annexure R-1. On these lines, the case is sought to be defended by Opposite Party.
  3.     Parties led evidence by way of affidavits and documents.
  4.     We have heard the complainant in person and counsel for OP and gone through the record of the case. After perusal of record, our findings are as under:-
  5.     On perusal of the complaint, it is observed that the complainant has alleged that inspite of paying Rs.1,25,000/- against the demand of Rs.1,06,924/-, the Opposite Party is threatening for disconnection of the electricity connection.
  6.     On perusal of the reply of the Opposite Party, it is observed that the complainant has not obtained NOC regarding pendency of dues of arrears pending against the said connection at the relevant time, when complainant purchased the said house. As per Opposite Party an amount of Rs.1,96,385/- is pending as on 23.01.2022 against the said meter connection. It is also observed from the reply of the Opposite Party that the complainant purchased the said house on 26.09.2018 and after purchasing the said house she made a payment of two bills that is Rs.30,000/- on 15.10.2019 and an amount of Rs.35,000/- on 19.02.2020, except this payment nothing was paid by the complainant and even she has never paid a routine and current bills.
  7.     On perusal of the complaint, it is observed that the complainant has not produced any documentary evidence with regard to having cleared/paid all the pending bills.
  8.     In view of the aforesaid discussion and the reasons recorded hereinbefore, we do not find any deficiency in service or unfair trade practice on the part of the Opposite Party. Accordingly, the consumer complaint, being meritless, is hereby dismissed, leaving the parties to bear their own costs.
  9.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

 

Sd/-

Sd/-

 

17/06/2022

[Suresh Kumar Sardana]

[Surjeet Kaur]

 

Ls

Member

Presiding Member

 

 

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