District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No. 401/2021.

 Date of Institution:11.08.2021.

Date of Order:18.07.2023.

Shri Joydev Paul, B25, Ist floor, Vishnu Enclave, Ismailpur, Faridabad, Haryana – 121013.

                                                                                      ….Complainant….,.

                                      Versus

Dakshin Haryana Bijli Vitran Nigam through SDO, F54, Tilpat, Division Greater Faridabad, Circle 1, Faridabad, Haryana.

                                                                              …Opposite party

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Member.

PRESENT:                   Sh. Chander Shekhar,   counsel for the complainant.

                             Sh.   Rajiv Rana, counsel for opposite party.

ORDER:             

                             The facts in brief of the complaint are that since January 2018 Complainant received bills without current meter reading till September 2018. Thereafter for the months of November 2018 and January 2019 the bills received by the Complainant were in negative. It was pertinent to mention herein that bill for the month of March 2019 not delivered at house of the Complainant and thereafter the same was collected from the electricity office wherein the Complainant got shocked after perusing the Bill amounting to Rs.37207.00/-. Opposite Party's bill for the month of May 2019 did not considered the writ of 2004 in the old meter reading for which Complainant had already paid Rs 10,455/-. It was pertinent to mention herein that old meter reading for the month of January 2018 Le., 9827 plus Meter reading for the month of January 2018 (433), March 2018 (318), May 2018 (420), July 2018 (440), September 2018 (393) totalling 11831 units which should be reflected in the March 2019 bill which comes to be 15790 units minus 11831 units, which is equal to 3959 Units whereas March 2019 bill is showing 5810 units, i... a gap of 1851 units. In a positive billing system a positive amount was demanded and was same was credited in the Opposite Party's account but when there was negative billing the Opposite Party was duty bound either to credit the account of the consumer/ Complainant herein or the negative amount be adjusted in the future/next months bill. The same adjustment was not done. That simple perusal of the next months electricity bill would provide clarification.  Fine of Rs. 1082 surcharge due to late payment on bill dated 13/05/19 was also charged. Further the Opposite threatened that electricity connection should be snapped if the demanded bill was not paid in time. Therefore the Complainant being an old person succumb to their threat and deposited the bill amount. As cheque not accepted thereafter online payment was made. Thereafter Complainant given written objection along with service proof dated 07/01/2019, 10/04/2019, 06/06/2019 raised before Dakshin Haryana Bijli Vitran Nigam Vidyut Sadan, F54, Tilpat, Division Greater Faridabad, Circle 1, Faridabad, Haryana. 

The aforesaid act of opposite party amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite party to:

a)       refund the amount of Rs. 14376/- (Rupees Fourteen Thousand Three Hundred Seventy Six Only) to the Complainants alongwith the interest @ 18% per annum.

b)                 pay Rs. 10,000/- as compensation for causing mental agony and harassment .

c)                Pass for pendent lite and future interest from the date of filing the present suit till realization in favour of the complainant.

d)                 pay Rs. 7500 /-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  the answering respondent had installed Solar meter in the name of complainant on the basis of electricity account no. 0551060000 vide application No. F16-120-1020-1 dated 08/01/2020 at the premises of the complainant on his request and the said electricity meter Sr. No. 87969252 already installed of the complainant.  Before installing of Solar meter the answering respondent used to raise bill on actual electricity consumption reading basis and even after the bills raised as per actual consumption. It was submitted that the electricity bills raised by the answering respondent on the basis of actual electricity consumption reading even after installation of Solar meter as the actual reading were already mentioned in the bills raised to the complainant and accordingly after installation and updation Solar meter, the answering respondent had raised the electricity bill dated 02.08.2021 to the complainant after deducting the sundry charges and arrears of Rs.46.50 and Rs.15.33 which comes to Rs.1083/-. 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 party–DHBVNL with the prayer to: a)         refund the amount of Rs. 14376/- (Rupees Fourteen Thousand Three Hundred Seventy Six Only) to the Complainants alongwith the interest @ 18% per annum. b) pay Rs. 10,000/- as compensation for causing mental agony and harassment . c)Pass for pendent lite and future interest from the date of filing the present suit till realization in favour of the complainant.

                    To establish his case the complainant  has led in his evidence,  Ex.CW1/1 – affidavit of Joydev Paul, Ex.CW1/1A- bill dated 18.11.2017, Ex.CW1/B – bill dated 21.01.2018, Ex.CW1/C -  bill dated13.3.2018, Ex.CW1/D -16.05.2018, Ex.CW1/E – 18.07.2018, Ex.CW1/E – 25.09.2018,, Ex.CW1/G – bill dated12.11.2018, Ex.CW1.H – bill dated 14.01.2019, ExCW1/I – bill dated 17.03.2019, Ex.CE1/J -  bill dated 19.5.2019, Ex.CW1/K – photocopy of cheque dated 29.05.2019, Ex.CW1/L -  bill receipts, Ex.CW1/M -  letter dated 10.04.2019,  Ex.CW1/N -  letter dated 07.01.2019, Ex.CW1/O – photocopy of meter.

                   On the other hand counsel for the opposite party strongly agitated and opposed.  As per the evidence of the opposite party   Ex.R-1applicaiton for Rooftop Solar PV system under net metering arrangement, Ex.R-2 – bill dated 02.08.2021.

6.                After going through the evidence led by the parties, the Commission is of the opinion that the complaint is disposed off with the direction to opposite party to over haul the account of the complainant and adjust the paid amount which was paid by the complainant.  Opposite party is also  directed not to charge surcharge of the disputed period from the complainant.  There are no order as to costs.. 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: 18.07.2023                                  (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.