NCDRC

NCDRC

RP/3114/2012

KANHIYA LAL - Complainant(s)

Versus

DAKSHIN HARYANA VIDYUT PRASARAN NIGAM LTD. & 2 ORS. - Opp.Party(s)

MR. P.C. THAKUR

19 Dec 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3114 OF 2012
 
(Against the Order dated 31/05/2012 in Appeal No. 629/2012 of the State Commission Haryana)
1. KANHIYA LAL
S/o Sh Bodan lal R/o nai basti, Rewari,tehsil
Rewari
Haryana
...........Petitioner(s)
Versus 
1. DAKSHIN HARYANA VIDYUT PRASARAN NIGAM LTD. & 2 ORS.
Through SE/GM Narnaul.Teh Narnaul
Mahindergarh
Haryana
2. The S.D.O. Dakshin Haryan Vidhyut Prasaran Nigam Ltd
City-1, Rewari,Tehsil
Rewari
Haryan
3. XEN,Dakshin Haryan Vidhyut Prasaran Nigam Ltd
Tehsil &
Rewari
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
For the Petitioner : Mr. P.C. Thakur, Advocate
For the Respondent :
For the Respondents : Mr. Surender Singh Hooda, Advocate

Dated : 19 Dec 2013
ORDER

1. The Petitioner/Complainant Kanhiya Lal, brother of Late Sh. Ram Lal, was using a domestic electricity connection which was in his late brother name. The meter was running fast, not working properly, and not showing readings perfectly, since the date of its installation. Consequently, after requests, the OPs installed a new meter on 08.08.2009, in the name of Late Shri Ram Lal. The initial reading of the new meter, which was installed on 08.08.2009, was showing 1020 units. This fact was duly noticed by the OPs. The Complainant was assured by the OPs that at the time of serving of the bill, consumption will be calculated by taking/considering initial reading as 1021, as the first unit of his consumption. 2. The old meter was running fast and the bill duly raised against the consumption showed by the said meter, were very high, however, the same were paid by the Petitioner. The Petitioner made so many complaints to this effect; but the Respondents turned a deaf ear towards the request made by the Petitioner and ultimately, the applicant, having no option, stopped making the payment of the electricity bills raised by the Respondents. The said meter was duly checked on 20.12.2008 by the officials of the Respondents and it was admitted by them that the meter was running in a very high and fast speed but due to the non-availability of the new meter, the meter of the Petitioner was replaced by a new meter only on 08.08.2009 and as stated hereinabove, the said meter (new meter) was showing the consumption of 1020 units prior to its installation in the premises of the Petitioner. 3. Thereafter, the other bills were also raised in the same manner and the units 1020 shown by the meter prior to its installation in the premises of the Petitioner could not be deleted from the bill of the Petitioner and having no option the applicant filed a complaint before the District Consumer Disputes Redressal Forum, Rewari under section 12 of the Consumer Protection Act. 4. The Counsel for the Petitioner brought to our notice, the electricity bill issued after installation of new meter, by the OP. The total consumption was 24 units, but it was shown as 1170 units, and bill was raised at Rs.23,164/- but, in-fact, on the date of installation of new meter itself the reading was 1020 units. The bill was raised on 18.09.2009 and it was for 1170 units. On enquiry with the OP, the Complainant was told that OP will rectify this in the next bill but it has been noted on perusal of bills dated 19.11.2009, 20.01.2010, 20.03.2010, 19.05.2010, 19.07.2010, that the actual average consumption of electricity was between 100 to 150 units only, in each bill. But, the OP was regularly showing the old balance in the subsequent bills. The Counsel for the OP submitted that the electricity bill amount of Complainant was over hauled on the basis of average consumption. During the said span of time, the Complainant wrote several letters to the OP, but OP did not pay heed to the same. We are unable to understand as to, why reply was not given by OP, though, it was their duty as a public servant. He was not a king !! It was also contended that, this case could not be decided by summary proceedings. It needs to be treated as civil suit. 5. It is surprising to note that, OP has not produced any evidence to show the installation report of the new meter or no affidavit of the person who installed the meter and who has taken the meter reading initially, has been filed. Therefore, we are constrained to conclude that the electricity consumption of domestic meter must be between 100-150 units only, and the disproportionate bills were issued by OP. It is true that the old meter was changed because it was running very fast. Hence, OP had unnecessarily charged excessive electricity bill. Therefore, there is deficiency in service on the part of OP. Hence, we set aside both the orders of the Fora below and allow this Revision Petition with the following order: The OPs are directed to rectify erratic billing by considering the initial meter reading of 1020 units and send the bills accordingly with due care and caution. No orders as to costs.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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