District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 460/2021.
Date of Institution:14.09.2021.
Date of Order: 06.02.2024.
Smt. Pinky Bhatia wife of Sh. Gurucharan Singh R/o H.No.2-E/11, NIT, Faridabad.
…….Complainant……..
Versus
1. Dakshin Haryana BijliVitran Nigam through its SDO (O.) Division Jawahar Colony, NIT, Faridabad.
2. XEN (Op.) Dakshin Haryana BijliVitran Nigam Limited, Sector-23, Faridabad, near Bijli Board Colony, 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: Sh. Ravi Bhatia , counsel for the complainant.
Sh. Vijay Kumar Gaur , counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant had been using a Electricity connection bearing A/c. No. 2192980000(FF-0559) at the premises Gali No.1, Parvatiya Colony, Near Gurudwara Disposal, Faridabad which was installed in the name of the complainant, and since the installing of the said electric meter the complainant was using the same electricity connection. The complainant had been making the payment of the aforesaid electricity connection meter bills as per the consumption and use of the electricity by the complainant. However, in the month of July 2021, unfortunately the electricity meter of the complainant burnt out due to unavoidable circumstances and on the same day the complainant visited the office of the opposite party and made a complaint to the SDO concerned regarding the burnt out of the said electricity meter bearing A/c. No. 2192980000(FF22-0559) and requested to restore the electric connection and to change the electric meter. The opposite parties did not pay any heed upon the several requests of the complainant and the meter was not changed and electricity was not restored by the opposite parties. No any electricity consumption bill was pending in A/c. No. 2192980000(FF22-0559) and the complainant had made the payment of Rs.8962/- on 05.07.2021 to the opposite parties, to the opposite parties. The complainant shocked and surprised, when the opposite parties issued a bill for an amount of Rs.80,550/- to the complainant for the month of August 2021 and after receiving the said bill the complainant was shocked to see that the said bill belongs to A/c. No. 8445321000(FF35-5244) . The complainant requested the opposite parties so many times to restore the electricity connection bearing A/c. No. 2192980000(FF22-0559) by replacing the new electric connection, as the electric meter had been burnt, but the opposite parties did not pay any heed to the legitimate request of the complainant and the opposite parties raised the bill in the month of August 2021 and demanded a sum of Rs.80,550/- from 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) restore the electricity connection bearing A/c. No. 2192980000(FF22-0559) at the premises Gali No.1, Parvatiya Colony, near Gurudwara Disposal, Faridabad.
b) withdraw the bill dated 16.08.2021 for a sum of Rs.85,550/- for A/c No. 8445321000(FF35-5244), as the complainant had been regularly paying the electricity consumed.
c) pay an amount of Rs.50,000/- as penalty for not installing the electricity meter/connection at the said premises of the complainant.
d) pay Rs.50,000/- as compensation for causing mental agony and harassment .
c) any such further order, which the Hon’ble Commission may deem fit and necessary in the interest of justice.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that on 12.04.2021 the answering opposite party vide letter memo No. 53 dated 12.4.2021 informed the complainant that electricity connection of A/c. No.8445321000 (FF35-5244) in the name of Shri Harish Chand son of Shri Manku had been disconnected and in the same premises with the name of complainant another electricity bearing A/c. No. 2192980000 (F22-0559), was running in the name of Smt. Pinky Bhatia. So they were asked through this notice deposit the defaulting amount Rs.77609/- within 7 days. The complainant had refused to receive the said notice and the same was affixed on the main gate of the house of the complainant and taken the photograph of the same. Again on 08.06.2021 the opposite parties sent final notice vide memo No. 152 dated 8.06.2021. The complainant had refused to receive the said notice and the same was affixed on the main gate of the house of the complainant and taken the photograph of the same.. 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) restore the electricity connection bearing A/c. No. 2192980000(FF22-0559) at the premises Gali No.1, Parvatiya Colony, near Gurudwara Disposal, Faridabad. b)withdraw the bill dated 16.08.2021 for a sum of Rs.85,550/- for A/c No. 8445321000(FF35-5244), as the complainant had been regularly paying the electricity consumed. c) pay an amount of Rs.50,000/- as penalty for not installing the electricity meter/connection at the said premises of the complainant. d) pay Rs.50,000/- as compensation for causing mental agony and harassment .
To establish his case the complainant has led in his evidence, Ex.CW-1/A – affidavit of Ex.CW1/A – affidavit of Pinky Bhatia, Ex.C-1 – letter dated 12.07.2021, Ex.C-2 – receipt, Ex.C-3 & 4- text messages, Ex.C5 - letter dated 08.06.2021 regarding notice for defaulting amount of Rs.77,609/-, Ex.C-6 – bill, Ex.C-7 & 8 – receipts,, Ex.C-9 - sale deed, Ex.C-10 - Adhaar card.
On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties Ex.RW1/A – affidavit of Shri Sohali Ahmed, SDO, (OP), DHBVNL, Jawahar Colony, NIT, Faridabad, Ex.R-1 – notice dated 12.4.2021,, Ex.R-2 – not readable, Ex.R-3 – memo dated 8.6.2021, Ex.R-5 – affidavit of Pinki Bhatia,, Ex.R-6 – instruction NO. 7.2
6. During the course of arguments, Shri Vijay Kumar Gaur, counsel for the opposite party has made a statement that today I tender copy of electricity bill dated 13.12.2023.
7. In this case, the complainant was having two connections in his premises. (i). electricity connection bearing A/c. No. 2192980000(FF22- 0559). ii. A/c No. 8445321000(FF35-5244). One was in the name of the complainant and second was in the name of Krishan Kumar. As per the evidence led by the complainant it was arrear of the previous owner namely Krishan Kumar of Rs.77,609/-. As per the evidence of opposite party – DHBVNL, opposite parties have submitted the bill of December 2023. As per the statement of Shri Vijay Kumar Gaur, counsel for opposite parties on 06.02.2024, opposite parties tendered copy of electricity bill dated 13.12.2023 alongwith the statement of account. The complainant did not pay the current bill since 14.09.2021 after filing of the complaint. As per the calculations of opposite parties, now the balance amount of Rs.1508/- towards the bill of the complainant. It is settled law the opposite parties can recover the amount from the premises of the complainant and the complainant is at liberty to recover the amount of Rs.77,609/- from the previous owner. Hence, the complaint is disposed off accordingly. There are no orders as to costs. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 06.02.2024. (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.
