District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 415/2020.
Date of Institution:30.10.2020.
Date of Order:25.04.2023.
Mr. Pallav Mishra S/o Mr. Ram Keshwar Mishra r/o flat bearing No. 1931, Ist floor, back side, Greenfields colony, Faridabad, Haryana.
…….Complainant……..
Versus
Dakshin Haryana Bijli Vitran Nigam Ltd., through its SDO having its office at : Sarai Khawaja, Faridabad.
…Opposite party
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. Pankaj Singh and Sh. Vijay Singh, counsel for the complainant.
Sh. Rajpal Bhardwaj , counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant in the month of August 2019 received an electricity bill for an amount of Rs.1088/- from the opposite party and the same was duly paid by the complainant on
27.08.2019 vide receipt bearing No. 50355762.It was to be noted that since August 2019 the complainant had not received any electricity bill for the said account form the opposite party. The complainant on various occasions vide complaint bearing No. CMPF13000108181 dated 02.02.2020 through emails and physical visits approached the opposite party to generate the electricity bill in order to avoid any delayed charges, however no heed was paid to the said representations. Opposite party in the month of March 2020 arbitrarily and irrationally generated an electricity bill for the period commencing from June 2019 till February, 2020 for an amount of Rs.1,58,502/- against 20562 unit reading charged @ Rs.7.1/per unit. From the bare perusal of the electricity bill dated 04.03.2020 it can be clearly construed that during the tenure of June, 2019 to February, 2020 the electricity meter was changed for which no request was ever made by the complainant neither any notice or information was received from the opposite party. In the said electricity bill the opposite party had bifurcated the meter readings in two categories/phases. The meter had been changed and accordingly the readings had been bifurcated in two different phase, the first phase for the tenure of June 2019 till January 2020 shows old meter reading as 38656 and new reading as 32536 and consumption of units 1222.87. the IInd phase shows old meter reading as I and new reading as 19341 and consumption of units as 19340 from the period of January 2020 till February 2020. The complainant soon after receiving the said bill approached the opposite party and raise innumerable complaints with the grievance cell of opposite party in order to resolve the said dispute, however, it was informed by the opposite party that the alleged bill includes MCO charges for changing the electricity meter and some previous year dues against which the complainant herein raise protest through various representations and complaints. The representatives of the opposite party started
evading the complainant on the pretext that the said dispute should be resolved and they should get the bill rectified within a period of 15 days. In this regard the complainant physically approached the office of opposite party situated at Sarai Khwaja and raise a complaint bearing NO. 2432675341 and had also sent numerous reminders through emails to the opposite party seeking clarification and revision of the said bill but all the efforts went in vain. Opposite party without even considering the requests and representations of the complainants, surprisingly on 26.08.2020 generated an electricity bill of an amount of Rs.1,98,627/- arbitrarily by imposing late fee, current usage charges and surcharge. The due date of the said bill was 07.09.2020 but on 28.08.2020 (i.e soon after issuing the electricity bill) the representatives of opposite party came to the residential premises of the complainant and started creating ruckus and extending threats to the complainant and his family members for clearing the outstanding dues otherwise they would disconnect the electricity connection. After several follow ups the complainant got the permission to make the adhoc payment of Rs.50,000/- by 31.08.2020, accordingly when the complainant was left remediless considering the condition and the irresponsible attitude of the opposite party, the complainant borrowed the funds from his friend and on 31.08.2020 made the payment of Rs.50,000/- vide DD bearing No. 497547 dated 3108..2020 under protest vide letter dated 31.08.2020, subject to reserving his rights to approach appropriate court of law. 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) Award Rs.5,00,000/- for gross negligence and deficiency in services on account of arbitrary and irrational amount of electricity bill on account of:
i. For not generating the electricity bill since August 2019 to February – 2020 despite various correspondence sent by the complainant and/or:
ii. For arbitrarily and irrationally generating electricity bill in the month of March 2020 of Rs.1,58,502/- and/or;
iii. For not resolving the dispute despite various complaints and representations made by the complainant and/or;
iv. For arbitrarily and irrationally generating electricity bill in the month of August 2020 of Rs.1,98,627/- and/or
b) pay Rs. 2,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 31,000 /-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 para No.4 of sub para (b), to (e) were matter or record 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) Award Rs.5,00,000/- for gross negligence and deficiency in services on account of arbitrary and irrational amount of electricity bill on account of:
i. For not generating the electricity bill since August 2019 to February – 2020 despite various correspondence sent by the complainant and/or:
ii. For arbitrarily and irrationally generating electricity bill in the month of March 2020 of Rs.1,58,502/- and/or;
iii. For not resolving the dispute despite various complaints and representations made by the complainant and/or;
iv. For arbitrarily and irrationally generating electricity bill in the month of August 2020 of Rs.1,98,627/- and/or
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Pallav Mishra, Ex.C-1 (colly)– bill dated 25.06.2019, Ex.C-2 – receipt for bill collection, Ex.C-3 – bill summary, Ex.C-4 – email, Ex.C-5 – letter dated 28.08.2020, Ex.C-6 – letter dated 31.08.2020, Ex.C-7 – photocopy of demand draft,
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Surender Mehra, SDO, DHBNL. Mathura Road, Faridabad,, Ex.R1 – bill dated 05.11.2020, Ex.R2 – bill dated 07.01.2021,, Ex.R-3 – meter change order, Ex.R-5 – outstanding dues details, Ex.R-6 – details of payment.
6. After going through the evidence led by the parties, the Commission is of the opinion that in the evidence of opposite party, due to Covid-19 electricity bill did not generated timely. Hence, the complainant electricity bill issued form June 2019 till February 2020 for an amount of Rs.1,58,502/- and electricity bill on dated 26.08.2020 an amount of Rs.1,98,627/- generated such bill due to some clerical mistake.
7. Keeping in view of the above submissions, 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. Opposite party is also directed to charge only the consumed unit charges. Opposite party is also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alognwith Rs.2200/- as litigation expenses to the complainant. The complainant is also directed to pay the current bill regularly. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 25.04.2023 (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.
