BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no. 199 of 2019                                                                         

                                                               Date of Institution         :          19.07.2018                                                                            

                                                                   Date of Decision   :          28.11.2019.

Amit Kumar son of Sh. Bhoop Singh son of Indersain, resident of village Mithisurera Tehsil Ellenabad District Sirsa through its GPA Subhash Chander @ Subhash Jhorar son of Sh. Ladhu Ram son of Sh. Hari Ram, resident of village Mithisurera, Tehsil Ellenabad, District Sirsa.

            ……Complainant.

                                                Versus.

1. Dakshin Haryana Bijli Vitran Nigam Ltd. through its Managing Director at Hisar.

2. XEN OP S/U Divn. DHBVN Sirsa.

3. SD.O. ‘OP’ S/Divn. DHBVN Ellenabad.

4. Aad Ram the then JE OP S/Divn. DHBVN Ellenabad.

5. Ashok Kumar JE OP S/Divn. DHBVN Ellenabad.

 ..…Opposite parties.   

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SHRI R.L. AHUJA…………….. PRESIDENT                                                   

             SMT. SUKHDEEP KAUR………….. MEMBER        

Present:       Sh. Amit Verma, Advocate for the complainant.

Sh. Vijay Sharma, Advocate for the opposite parties.

ORDER

                        The complainant Amit Kumar has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties through his general power of attorney holder namely Subhash Chander @ Subhash Jhorar.

2.                In brief, the case of complainant is that complainant is running a petrol pump at village Mithisurera with the name of M/s Subhash Kissan Sewa Kendra and there is electric meter connection in the name of complainant bearing account no. TE- 33/ 0858 NDS of the Nigam and complainant is actual user of that account since May, 2014 and regularly paying electric bills to the ops. That in the month of March, 2018, the complainant installed the solar plant of 10 kw at the petrol pump and uses the electricity from the above said solar system and after installation of same, complainant never used the electricity from the electric meter connection. It is further averred that thereafter the ops sent electricity bill with heavy amount to the complainant and he was shocked to see the bill as complainant never used the electricity from the above said connection after installation of solar system. He checked the meter connection first time and came to know that ops got connected two other illegal electricity meter connection from the outgoing supply of the electric meter of complainant. That complainant without any delay filed an application before op no.3 and also filed complaint before SHO Police Station Ellenabad and inquired about two illegal meter connections bearing account no. SE- 33/0360 DS in the name of Sh. Aad Ram from the month of July, 2014 and account no. TE- 33/ 0913 NDS connected in the name of Sh. Mahabir from the month of September, 2015. On 23.5.2018 complainant also filed an application before op no.2 for inquiry of the matter and on this application, op no.3 inspected the premises of complainant and checked the electric connection and prepared checking report dated 23.5.2018. It is further averred that thereafter complainant approached the ops and complained about the matter and loss suffered by him but they did not give any satisfactory reply and complainant has undergone much mental tension and harassment. The complainant is entitled to compensation from the ops for the above said negligence. That thereafter on 1.6.2018, the complainant filed an application before C.M. Window for grievance of the complainant and in response to this application, the ops adjusted Rs.4902/- in the account of complainant vide SC & AR no.88/143 and vide memo no.1669 dated 4.7.2018 issued by op no.3 admitted that electric supply of the above said two electric meter connections was/is running through the outgoing supply of electricity meter connection of complainant. That after refund of amount of Rs.4902/-, the complainant approached the op no.3 and requested him that amount of Rs4902/- is not proper compensation for the loss suffered by complainant and also requested to pay interest on the total loss amount but the ops kept on avoiding the matter on one false pretext or the other and now about two days ago, the ops have flatly refused to admit the genuine claim of complainant. Hence, this complaint.

3.                On notice, opposite parties appeared and filed written statement raising certain preliminary objections that complaint is not maintainable in the present form, that complainant has no cause of action and locus standi to file the present complaint and that this Forum has got no jurisdiction to entertain, try and decide the present complaint because the complainant is running his petrol pump and electric connection of complainant is non domestic supply connection and same is being used by him for commercial purposes at petrol pump, hence complaint is barred by law and same does not lie before this Forum. Moreover, matter relates criminal as well as civil nature and there are so many difficult technicalities and it is required to be proved by detailed evidence with cross examination of witnesses, hence this Forum has no jurisdiction and that complainant is estopped from filing the present complaint by his own act and conduct. On merits, while admitting the fact of installation of solar plaint of 10 KW at the petrol pump of complainant, it is submitted that other contents of the complaint are wrong and denied. The complainant has concocted a false story. The ops never connected any illegal electricity meter connection from the outgoing supply of electric meter of complainant. The ops Nigam or any of their officials did not connect those electricity connection from the outgoing supply of complainant. Rather is fact is required to be proved with detailed evidence with cross-examination, because these two electricity connections have been connected from the outgoing electricity connection of complainant at his instance as well as with the permission of the complainant as the complainant took illegal electricity supply to the others from his electric connection for earning money from others. It is further submitted that no involvement of any of the officials of the Nigam was found in the illegal two connections from the outgoing supply of complainant. If any complaint has been filed by complainant before SHO P.S. Ellenabad, same is result of concoction and is based upon false story because the complainant was very much aware about the illegal electricity connection and its users and except the complainant no one can connect any electricity connection from his supply. Thus, complainant is liable and responsible for the same. It is further submitted that though there was no negligence on the part of any of the officials of the Nigam, yet a sum of Rs.27,005/- (Rs. 4902/- + Rs.22,103/-) was adjusted in the bill amount and it has no where been admitted by the ops that electric connections were connected by the ops from the outgoing supply of complainant. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.  

4.                The parties then led their respective evidence.

5.                We have heard learned counsel for the parties and have perused the case file carefully.

6.                The complainant in order to prove complaint has furnished copy of application dated 22.5.2018 Ex.C1, application moved to SHO, P.S. Ellenabad Ex.C2, application dated 23.5.2018 Ex.C3, copy of LL-1 Ex.C4, copy of application dated 1.6.2018 Ex.C5, copy of CM Window action taken report Ex.C6, copy of letter dated 4.7.2018 Ex.C7, statements of account Ex.C8 to Ex.C11, copy of tax invoice Ex.C12, bills, detail of bills and copy of power of attorney as Ex.C13 to Ex.C34. On the other hand, ops have furnished affidavit of Sh. Sandeep Kumar, SDO as Ex.R1, copy of bill Ex.R2, copy of calculation sheet Ex.R3, copies of billing details Ex.R4 to Ex.R6 and copy of entry Ex.R7.

7.                It is proved on record that complainant is running a petrol pump at village Mithisurera in the name of M/s Subhash Kissan Sewa Kendra and there is an electric connection bearing account no. TE- 33/ 0858. As per allegations of complainant, in the month of March, 2018, complainant got installed a solar plant of 10 kw at the petrol pump and using electricity from the said solar system and after installation of solar system, the complainant never used electricity from electric meter connection bearing account no. TE-33/ 0858 NDS, but however, he received bill of electricity charges with huge amount for which he protested. The complainant came to know that ops got connected two other illegal electricity connections from the outgoing supply of meter of complainant. He filed application before op no.3 and also filed complaint before SHO Police Station Ellenabad for inquiry and after inquiry it was found that above said two electric connections from outgoing supply of electric meter of complainant were illegally connected. The complainant made request for refund of the amount of bill which has been realized from the complainant but only refund of Rs.4902/- was made by ops.

8.                During the course of arguments, learned counsel for complainant has strongly contended that complainant is entitled for refund of the amount which has been charged by ops from those connection holders who were getting supply of electricity from outgoing supply of meter of complainant illegally and also claimed compensation and litigation expenses. On the other hand, learned counsel for ops has also strongly contended that a sum of Rs.27,005/- was recovered from those connections holders and same has been refunded to the complainant vide different transactions of Rs.4902/- and Rs.22,103/- and nothing is due against ops. He has further contended that even then complainant is at liberty to get his account overhauled in case he is not satisfied. Learned counsel for complainant has also stated at bar that complainant be permitted to get his account overhauled as he is entitled to some more amount to be refunded.

9.                In view of above discussion, we partly allow the present complaint and direct the opposite parties to overhaul the account of complainant as well as to overhaul the accounts of above said two other connections holders in the presence of complainant after serving 15 days prior notice and thereafter to settle the account of complainant and in case it is found that complainant is entitled to refund of some more amount, then same be paid to the complainant within further period of 15 days. We also direct the ops to pay a sum of Rs.5000/- as compensation for harassment and litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.  

Announced in open Forum.                                                     President,

Dated:28.11.2019.                             Member                      District Consumer Disputes

                                                                                   Redressal Forum, Sirsa.