District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.136/2022.
Date of Institution:09.03.2022.
Date of Order: 08.09.2022.
Smt. Mridula Sharma aged 66 years wife of Shri Rakesh Narain Sharma, resident of House No 846, Sector-17, Faridabad Mobile No. 9599980434 Aadhar card No. 912121329135.
…….Complainant……..
Versus
1. Dakshin Haryana Bijli Vitran Nigam Head office, Vidhyut Sadan, Vidhyut Nagar, Hissar.
2. SDO Sub Division Old Faridabad Sub Division F-11, Sub Divn. East, Faridabad.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Complainant in person.
Sh. Manish Kumar Chhokar,, counsel for opposite parties Nos.1 & 2.
ORDER:
The facts in brief of the complaint are that the complainant had purchased the house No. 846, Sector-17, Faridabad form Rakesh Kumar Gupta on dated 20.4.2021 and at the time of purchase of the said house the old electricity meter bearing account NO. FF150887 was installed thereon who was burnt which was in the name of Rakesh Kumar Gupta. Regarding burnt of the said electric meter the complainant made the complaint to the SDO DHBVNL, Sector-16A, Faridabad on 6.5.2008 for installing the new meter in place of the burnt of the said electric meter in the name of the complainant and the amount of Rs.19,485/- was due on dated 1.6.2010 and in this regard the complainant made the complaint to the opposite parties to correct the said bill amount then the amount of Rs.11,110/- was paid by the complainant to the opposite parties vide CCR book NO. 110 page No.44, item No. 15 dated 2.7.2010 in respect of the full and final bill amount of Rs.19,485/-. Nothing was due against the old electricity meter and the representative of the opposite parties namely Prem Singh and Om Parkash check the meter and connected the load report dated 6.5.2008. On the complaint of the complainant a new electric meter bearing No. 3660390000 had been installed in the name of the complainant on 11.8.2010 in place of the previous old meter account. Since installing of the new electric meter in the name of complainant, the complainant regularly and continuously making the electricity bill to the opposite parties without any delay. The complainant had got no knowledge that the opposite parties intentionally and knowingly making the arrears of the previous old meter in respect of the settled amount of Rs.11,100/- and intentionally making the surcharge of the alleged amount of rs.8484/- and made the alleged arrears of the amount of Rs.51,302/- upto 6.2.2022. The said amount of Rs.51,302/- was totally null and void and was not binding upon the rights of the complainant. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) not to recover the alleged arrears of the amount of Rs.51,302/- which was raised by the opposite parties in respect of the bill amount on 6.2.2022 and the said amount was totally null and void and was not binding upon the rights of the complainant and further directing the opposite party to correct the said arrears of the said amount and sent the genuine bill in respect of new installing meter.
b) pay Rs. 1.00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 22,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that there was an electricity connection bearing its account No. FF150887, which was in the name of Rakesh Kumar Gupta and the same had been installed over the premises bearing House No. 846, Sector-17, Faridabad. The user of the above said electricity connection always remained irregular in making the payment of consumption charges to the opposite parties. As per audit report dated 28.12.2020 there was an outstanding of Rs.46,487/- on account of arrears for the financial year as against the consumer vide report No. 126/Book No. 198 dated 28.12.2020, for which the opposite parties raised demand of the said amount from the complainant vide bill dated 04.08.2021. Since then the opposite parties had been making regular demands from the complainant to deposit the said amount, but it was the complainant who never made the payment of the said amount to the opposite parties. The complainant being user of the above said electricity connection was legally liable to pay the said amount to the opposite parties and hence as per their rules and regulations, the opposite parties raised demand of the said amount from the complainant, but it was the complainant, who instead of making the payment, had filed this present false complaint against the opposite parties. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties– DHBVNL with the prayer to: a) not to recover the alleged arrears of the amount of Rs.51,302/- which was raised by the opposite parties in respect of the bill amount on 6.2.2022 and the said amount was totally null and void and was not binding upon the rights of the complainant and further directing the opposite party to correct the said arrears of the said amount and sent the genuine bill in respect of new installing meter. b) pay Rs. 1.00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 22,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Smt. Mridula Sharma.
Shri Manish Chhokar, counsel for opposite parties Nos.1 & 2 made a statement that written statement filed by opposite parties Nos.1 & 2 may be read as evidence on behalf of opposite parties Nos.1 & 2. Ex.R-1 & R-2 – Audit reports.
6. The complainant has argued that the complainant had purchased the house No. 846, Sector-17, Faridabad form Rakesh Kumar Gupta on dated 20.4.2021 and at the time of purchase of the said house the old electricity meter bearing account No. FF150887 was installed thereon who was burnt which was in the name of Rakesh Kumar Gupta. Regarding burnt of the said electric meter the complainant made the complaint to the SDO DHBVNL, Sector-16A, Faridabad on 6.5.2008 for installing the new meter in place of the burnt of the said electric meter in the name of the complainant and the amount of Rs.19,485/- was due on dated 1.6.2010 and in this regard the complainant made the complaint to the opposite parties to correct the said bill amount then the amount of Rs.11,110/- was paid by the complainant to the opposite parties vide CCR book NO. 110 page No.44, item No. 15 dated 2.7.2010 in respect of the full and final bill amount of Rs.19,485/-. Nothing was due against the old electricity meter and the re
presentative of the opposite parties namely Prem Singh and Om Parkash check the meter and connected the load report dated 6.5.2008. On the complaint of the complainant a new electric meter bearing No. 3660390000 had been installed in the name of the complainant on 11.8.2010 in place of the previous old meter account. Since installing of the new electric meter in the name of complainant, the complainant regularly and continuously making the electricity bill to the opposite parties without any delay. The complainant had got no knowledge that the opposite parties intentionally and knowingly making the arrears of the previous old meter in respect of the settled amount of Rs.11,100/- and intentionally making the surcharge of the alleged amount of rs.8484/- and made the alleged arrears of the amount of Rs.51,302/- upto 6.2.2022. The said amount of Rs.51,302/- was totally null and void and was not binding upon the rights of the complainant.
On the other hand, counsel for the opposite parties argued that as per audit report dated 28.12.2020 there was an outstanding amount of Rs.46,487/- on account of arrears for the financial year as against the consumer vide report No. 126/Book No. 198 dated 28.12.2020 (vide Ex.R-1), for which the opposite parties raised demand of the said amount from the complainant vide bill dated 04.08.2021. Since then the opposite parties had been making regular demands from the complainant to deposit the said amount, but it was the complainant who never made the payment of the said amount to the opposite parties.
7. After going through the evidence led by the parties, the Commission is of the opinion that the complaint is allowed . Opposie parties are directeed to overhaul the account of the complainant and adjust the paid money as well as Rs. Rs.51,302/- arrears of the complainant as per the policy. Opposite parties are also directed not to disconnect the electricity connection of the complainant till overhauling the account of the complainant. The opposite parties are also directed to pay Rs.2200/- as compensation on account of mental tension, agony and harassment alongwith Rs.2200/- as litigation expenses to the complainant.Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 08.09.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
