Jammu and Kashmir

Jammu

CC/18/2017

Romesh Chander Wadhera - Complainant(s)

Versus

Chief Engineer - Opp.Party(s)

Vivek Mahajan

19 May 2018

ORDER

DISTRICT    CONSUMER     DISPUTES   REDRESSAL  FORUM, JAMMU

                (Constituted under J&K Consumer Protection Act,1987)

                                                         

 Case File  No.                 66/DFJ         

 Date of  Institution   :  12-05-2016

 Date of Decision      :    15-05-2018

 

Ramesh Chander Wadhera,

S/O Sh.Narinder Pal Wadhera,

R/O H.No.305,Malhotra Street,Jammu.

                                                                                                                                                      Complainant

                  V/S

1.State through Chief Engineer,

Power Development Deptt.

Electric & Maintenance Jammu.

2.Assistant Executive Engineer,

Parade,Jammu.

3.Junior Engineer,Sub-Division-1,

 Electric & Maintenance  Parade,Jammu.

                                                                                                                                                                Opposite parties

CORAM

                  Khalil Choudhary    (Distt.& Sessions Judge)   President

                  Ms.Vijay Angral                                                       Member

                  Mr.Ghulam Sarwar Chauhan                                Member.

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

 

Mr.Raghubir Singh,Advocate for complainant, present.

Nemo for OPs.

                                                        ORDER

 

                                    Alleging excessive and unreasonable billing by OPs,complainant approached this Forum, on account of deficiency in service, against service provider. Warp and woof of allegation of complainant is that he is subscriber of installation No.PG-4-A 546-A Consumer ID.0101010002310 (copy of electric bill is annexed) and was regularly paying the electric installation bills to the PDD Deptt.since decades. That the complainant moved an application for transferring the electric connection in his name, in respect of above mentioned installation connection, as the complainant has been residing in the aforesaid house, but it is surprising that the electric installation connection is running on the name of one Shri Narayan Dass /O Shri Kanshi Ram H.No.305 Mohalla Malhotra,Jammu,where the complainant has been regularly and continuously residing since the decades, but the electric connection has not been transferred in the name of complainant. Allegation of complainant is that the OPs are sending  excessive rates bills to his residence which is not actual as per electric power consumed and complainant approached to the authorities from time to time to consider the excessive bills, but no action has been taken by the authorities. That the complainant approached for availing the Amnesty Scheme vide No.2176 to the Assistant Executive Engineer EM&RI Sub –Division-I,Jammu,the Ops admitted the realization and surcharge against the domestic connection upto Rs.70,778/-.Complainant further submitted that the realization of the said amount, statement was prepared by the J.E.OP3 that the outstanding against him was  for Rs.58.513,thereafter complainant deposited the amount in three instalments for the realization of aforesaid amount of Rs.20,000/-,Rs.25,000/-and Rs.8660/-respectively. Further submission of complainant is that OP3 after clearance of the all the bills outstanding upto January,2016,the Ops again issued excessive bills dated 31-03-2016 which would be paid upto 27-04-2016 for Rs.1,05,496/-and it is shocking to know that again excessive bills are issued by the Ops which amount to torture and harassment to the complainant, therefore, alleging deficiency in service, complainant prays for compensation to the tune of Rs.50,000/-for causing harassment, mental agony and torture and Ops be further directed to refund Rs.16247/- w.e.f.August,2007 which was deposited by him.

              On the other hand, despite service of notice,OP1&3 did not take any action to represent its  case in this Forum, either to admit the claim of complainant or to deny the same within stipulated period, provided under the Act.

                At the same time,OP2 filed written version and resisted the complaint on the ground that consumer is not a regular payers of the Electricity bills. He had paid only 3 times w.e.f.09/2007 Annexure A.A fine of Rs.11,430/-had already been imposed on him for theft of power in the month of March 2012 (Annexure-“B”).That the consumer may show the documents when he had applied for transferring of Electric Connection on his name? As per the record of this Sub Division,the said connection stands on the name of Sh.Narayan Dass S/O Sh.Kanshi Ram H.No.305 Mohalla Malhotra,Jammu.That the Deptt.is sending computerized bills every month as per the field staff report and meter readings of the consumer. As per Amnesty Scheme, consumer had Rs.120293/-as opening balance in 08/2015.And had agreed to avail the benefit Amnesty Scheme with a waive off of Rs.70,778/-as surcharges(Annexure-C).The balance amount of Rs.49,515/-and the Current Bill was to deposit in instalment before 31 March,2016,but the consumer had deposited only Rs.33,660/-(25000+8660)& failed to avail the benefit of the Amnesty Scheme. Further defence of Op2 is that consumer is misleading to the department, as well as, the Honble Court by adding a payment of Rs.20,000/-which he had deposited in the month of March,2015 prior to the announcement of Amnesty Scheme. Since the consumer had failed to deposit whole amount within stipulated time upto 30-03-2016 and as per the provision of the Amnesty Scheme to waived off amount have been failed.

                 Complainant adduced evidence by way of duly sworn evidence affidavit and affidavits of Rajesh Kumar Wadhera and Yash Paul,respectively.Complainant has placed on record copy of Amnesty Scheme, copy of list, copy of assessment part, and copies of bills .

             Although OP2 filed written version, but after availing numerous opportunities failed to lead any evidence, so, the right of OPs to file evidence was closed vide order dated, 10-11-2017.Therfore, unsubstantiated averments contained in the written version of OP2 cannot overweigh the evidence lead by the complainants.

              We have perused case file and heard L/Cs for the parties at length.

                       On scanning the file, in our opinion the point which requires consideration  is that as to whether there is any deficiency in service on the part of Ops, in issuing exorbitant electricity bills to the complainant.

                           The case of the complainant is that he is subscriber of installation No.PG-4-A 546-A Consumer ID.0101010002310 and was regularly paying the electric installation bills to the PDD Deptt.since decades. That the complainant moved an application for transferring the electric connection in his name, in respect of above mentioned installation connection, as the complainant has been residing in the aforesaid house, but it is surprising that the electric installation connection is running on the name of one Shri Narayan Dass /O Shri Kanshi Ram H.No.305 Mohalla Malhotra,Jammu,where the complainant has been regularly and continuously residing since the decades, but the electric connection has not been transferred in the name of complainant. Allegation of complainant is that the OPs are sending  excessive rates bills to his residence which is not actual as per electric power consumed and complainant approached to the authorities from time to time to consider the excessive bills, but no action has been taken by the authorities. That the complainant approached for availing the Amnesty Scheme vide No.2176 to the Assistant Executive Engineer EM&RI Sub –Division-I,Jammu,the Ops admitted the realization and surcharge against the domestic connection upto Rs.70,778/-.Complainant further submitted that the realization of the said amount, statement was prepared by the J.E.OP3 that the outstanding against him was  for Rs.58.513,thereafter complainant deposited the amount in three instalments for the realization of aforesaid amount of Rs.20,000/-,Rs.25,000/-and Rs.8660/-respectively. Further submission of complainant is that OP3 after clearance of the all the bills outstanding upto January,2016,the Ops again issued excessive bills dated 31-03-2016 which would be paid upto 27-04-2016 for Rs.1,05,496/-and it is shocking to know that again excessive bills are issued by the Ops which amount to torture and harassment to the complainant,

                         In order to substantiate his allegations, complainant filed duly sworn evidence affidavit and affidavits of RaJesh Kumar Wadhera and Yash Paul,respectively. Complainant and his witnesses have reiterated the contents of complaint, therefore, same need no repetition. On the other hand, despite OP2 were granted ample opportunities to support its version by leading evidence, but it failed to lead iota of evidence in support of its version.Therefore,version of OP2 went unsubstantiated, unsupported and uncorroborated by cogent evidence, ,therefore, same being bereft of  legal strength, hence, cannot be read in evidence.

               On the other hand, in support of his allegations complainant has placed on record copy of statement, copy of Amnesty Scheme and copies of Electricity bills sent by OPs. Therefore, we have no reason to discard with the prayer made by complainant for compensation for causing unnecessary harassment, humiliation and inconvenience in view of supportive material placed on record.

                          After going through the whole case with the evidence on record what reveals here is the case of complainant is genuinely filed with speaking reasons and merit as being consumers as per the purport of Section 2(d) of Consumer Protection Act and OP is the service provider having failed in its statutory duty to provide adequate and effective services. The purport of legislation is well defined and statutorily takes care of consumer rights and cannot legally afford to a situation like the one confronted herewith in a manner where they are deprived of their rights as of consumers. The consumers have to come forth and seek for redressal of their grievance. The case of the complainant is also genuinely filed for seeking determination of his right by this Forum.

                              Therefore in view of the aforesaid discussion, complaint filed by the complainant is accordingly allowed and we direct the OPs to calculate and refund excess amount of bill charged from complainant. The complainant is also entitled to Rs.20,000/-as compensation for causing mental agony and harassment and litigation charges of Rs.5000/-.OPs are further directed to desist from levying excessive charges, as has been done in the case on hand. This order shall be complied with by OPs within one month from date of receipt of this order. Copy of this order be provided to the parties free of charge. Complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                            (Khalil Choudhary)                                

Announced                                                           (Distt.& Sessions Judge)

15-05-2018                                                                 President

Agreed by                                                            District Consumer Forum

                                                                                     Jammu.

  Ms.Vijay Angral          

  Member                                                                                               

 

Mr.Ghulam Sarwar Chauhan

Member