BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no.166 of 2014
Date of Institution : 28.11.2014
Date of Decision : 16.8.2016
Ran Singh, aged 60 years son of Sh.Neki Ram, resident of village Chaharwala, tehsil and District Sirsa.
……Complainant. Versus.
- Dakshin Haryana Bijli Vitran Nigam, through its Managing Director at Hisar.
- Executive Engineer, Dakshin Haryana Bijli Vitran Nigam ‘OP’, Sub Urban Division, Sirsa.
- Sub Divisional Officer, Dakshin Haryana Bijli Vitran Nigam, ‘OP’ Nathusari Chopta Sub Division, tehsil and distt. Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA …………………..…PRESIDENT SH.RANBIR SINGH PANGHAL ……MEMBER.
Present: Sh.M.K.Singla , Advocate for the complainant
Sh.K.C.Yogi, Advocate for opposite parties.
ORDER
Complainant’s case in brief, is that the complainant being the consumer of Ops is paying the consumption charges of electricity connection no. SN30-3563 regularly. In April, 2014 on his application, the meter of electricity connection was got checked by Op no.3 and the same was found to be burnt. Thereafter, a new meter was installed by the Ops in May, 2014. After that, bill bearing no.05531 dt. 24.7.2014 for the period 25.4.2014 to 25.6.2014 was received by the complainant, wherein the old reading was shown as ‘0’ and new reading as ‘36’, but in the column of Units consumed, ‘2065’ units were mentioned. For this consumption, the Ops claimed a sum of Rs.12,345.70 as SOP, Rs.206.50 as ED, Rs.2,622.55 as FSA, total amounting to Rs.15,177.75. Besides this, a sum of Rs.348/- as arrears and Rs.1000/- as average adjustment was claimed from the complainant. On receipt of said bill of total Rs.16526/-, the complainant visited Ops and requested to show the details of excessive consumption and not to recover the said amount , but they did not pay any heed. Hence, this complaint.
2. Upon notice, Ops contested the case by filing reply. They admitted that the meter of the complainant was changed, but the old reading of the meter was recorded upto 3284 and the complainant had paid the consumption charges bills upto 1255 units. Thus, after deducting 1255 units out of 3284 units, the bill for remaining 2029 units plus 36 units consumed by new meter i.e. total 2065 units was served to the complainant and Rs.1000/- was also claimed as fee of new meter. Thus, the complainant is legally as well as factually liable to make payment of said bill amount to the ops.
3. In order to prove his case, the complainant has placed on record Ex.CW1/A-his own affidavit; Ex.C1 to Ex.C6 & Ex.C8-electricity bills and Ex.C7-application for change of meter. Whereas, Ops have tendered in evidence Ex.R1-affidavit of Sh.Surender Kumar, SDO, Ex.R2-checking report and Ex.R3-detail of meter account.
4. We have heard learned counsel for the parties and have gone through the record carefully.
5. Learned counsel for the complainant argued that in the burnt meter, 3284 units were shown, but in the bill issued by the department before the meter was burnt, 1255 units have been mentioned to be consumed. He argued that 2029 units which were added in the new bill have been wrongly added. On the other hand, learned counsel for Ops argued that at the time when the of meter was burnt, 3284 units were consumed, but the complainant has paid the amount upto 1255 units, so the department has rightly added 2029 units in the bill of newly installed meter.
6. After hearing learned counsels for both the parties and perusing the records available on file especially the previous bills Ex.C1 to Ex.C5, we are of the view that when the regular bills were showing old reading and new reading of electricity units consumed by the complainant , then additional 2029 units which have been added in the disputed bill Ex.C6, were not desirable by the Ops. The previous bills Ex.C1 to Ex.C5 are upto March 2014 and the amount of consumed units has been shown as duly paid vide receipts and last receipt in the column of last payment status has been shown bearing no.24/139-83 dt. 5.2.2014. Perusal of disputed bill Ex.C6 also shows that in said bill new reading has been mentioned 36 and old has been mentioned as 0 and units consumed have been mentioned 2065 units and in the column of Arrears details, SOP (Sale of Power), ED (Electricity Duty), FSA (Full surcharge adjustment) and surcharge others have been mentioned as FR-3284. Thus, we are of the view that when all the amounts of consumed electricity bills have already been paid by the complainant then why said 3284 units has been mentioned in the column of Arrears in details and 2065 units consumed. It means that the said units have been wrongly shown by the Ops in order to fill up their lacuna of money. Hence, the present complaint stands disposed off with the direction to the Ops to prepare a new bill of that period only upto36 units consumed and said bill of Rs.16526/- is hereby set-aside. Compliance of this order be made within a period of one month from today. Copy of this order be supplied to the parties as per rules. File be consigned to record room after due compliance.
Announced in open Forum. President,
Dated:16.8.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
