Haryana

Fatehabad

CC/16/2022

Hajura Singh - Complainant(s)

Versus

Dakshin Haryana Bijli Vitran Nigam - Opp.Party(s)

M.K Dharnia

17 Nov 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,FATEHABAD.

                                                           Complaint No.:16 of 2022.

                                                           Date of Instt.: 21.01.2022.

                                                           Date of Decision: 17.11.2023.

 

Hajura Singh son of Laxman Singh son of Nand Singh resident of Digoh, Tehsil & District Fatehabad.

 

                                                                             …Complainant.

                             Versus

 

1. Dakshin Haryana Bijli Vitran Nigam, through Executive Engineer, Operation Division, DHBVN Tohana District Fatehabad.
2. Sub Divisional Officer, Operation Sub-Division, Dakshin Haryana Bijli Vitran Nigam,Bhuna Tehsil & District Fatehabad.

 

                                                                             …Opposite parties.

 

             Complaint U/s 12 of the Consumer Protection Act, 1986

 

BEFORE:             Sh.Rajbir Singh, President.

                             Smt. Harisha Mehta, Presiding Member.

                             Dr.K.S.Nirania, Member

 

Argued by:            Sh.M.K.Dharnia, Adv. for the complainant.

                             Ops exparte VOD 15.03.2022.

 

ORDER:

Sh.RAJBIR SINGH, PRESIDENT

                            

1.                          The complainant has filed this complaint against the    OPs with the averments that there is a domestic electric connection bearing No.D01D-0021 in the name of father of the complainant and he has been using the said electricity connection besides making the payment of the electricity bills regularly; that his father has died;  that now the Ops have issued  bill amounting to Rs.89,252/- payable on 19.07.2021, another bill amounting to Rs.97,430/- payable on 22.11.2021 and Rs.1,02,203 payable on 18.01.2022; that the demand of the huge amount is wrong, illegal and without any  basis by showing the wrong consumed units; that the complainant requested the Ops to treat the bill (s) null and void but all fell on deaf ears. The act and conduct of the Ops clearly amounts to deficiency in service on their part. Hence, this complaint.

2.                          The opposite parties did not appear before the Commission despite issuance of summons through registered post and ultimately they were proceeded against ex-parte vide order dated 15.03.2022.

3.                          In evidence the complainant has tendered affidavit Ex.CW1/A and documents Annexure C1 to Annexure C6.

4.                          Learned counsel for the complainant has argued that the complainant has been using the electricity connection bearing No.D01D-0021 besides making the regular payment of the consumed units. It has been further argued that nothing was due towards him but despite that the Ops had issued the bills Annexure C2 and Annexure C3 to the tune of Rs.89252/- and Rs.94685/- and further got recovered Rs.40,000/- from him vide Annexure C4. Learned counsel for the complainant further argued that he had made an application (Annexure C5) to the Ops for correction of electricity bill but till date no action has been taken by the Ops.        

5.                          Perusal of bill (Annexure C2) issued by the Ops whereby an amount of Rs.91859/- was demanded including the amount of arrear to the tune of Rs.72125/-. Learned counsel for the complainant has pressed hard that there was nothing due against the said electricity connection but despite that the Ops had demanded Rs.72125/- as arrear wrongly and illegally.   The complainant in his application written to the Ops (Annexure C5) has requested for correction of bill.  In this application he has also mentioned that the department has got deposited Rs.40,000/- from him out of the amount of Rs.72125/-  and again the department has sent bill of Rs.79399/- despite the fact that assurance for adjustment of Rs.40,000/- was given to him. It has been further mentioned in the application that the new meter is showing excess units and he has fed up with a prayer for correcting the bill.  On the application of the complainant, the Ops had checked meter vide Annexure C1 and opined that the M&P seals were intact and the meter was working OK. Strange enough, that the Ops instead of redressing the grievance of the complainant have neither sent the meter of the complainant to M&P lab and even not installed any checked meter and left the complainant high and dry. The act and conduct of the Ops is quite depreciable. In support of his contentions the complainant has placed his duly sworn affidavit Annexure CW1/A and documents Annexure C1 to Annexure C6. The pleadings and contentions put forth by the complainant remained unrebutted as the Ops did not join the proceedings of the case and opted to remain exparte.  

6.                          Keeping in view all the facts and circumstances mentioned above, we allow this complaint by declaring the demand of Rs.72125/-, alongwith surcharge levied by the Ops on this amount, from the complainant as null and void.  The Ops are also directed to adjust amount of Rs.40,000/- so deposited by him vide Annexure C4 in the account No.H55D01D0021 and the account be overhauled accordingly. The Ops are further directed to pay a sum of Rs.11000/- in lump sum on account of mental agony, harassment and cost of litigation.  

7.                In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open Commission.                                                            Dated: 17.11.2023

 

                                                                                                        

          (K.S.Nirania)                    (Harisha Mehta)         (Rajbir Singh)                             Member                               Member                              President