BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 419 of 2019
Date of Institution : 05.08.2019
Date of Decision : 25.02.2020.
Deepak son of Sh. Chiman Lal, resident of Gali No. 11, Preet Nagar, Sirsa.
……Complainant.
Versus.
1. Dakshini Haryana Bijli Vitran Nigam Ltd., through its Managing Director Hisar.
2. Sub Divisional Officer, Dakshini Haryana Bijli Vitran Nigam Ltd., City Sub Division, Sirsa.
..…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA…………….. PRESIDENT
SMT. SUKHDEEP KAUR………….. MEMBER
Present: Sh. Neeraj Mehta, Advocate for the complainant.
Sh. Vijay Sharma, Advocate for the opposite parties.
ORDER
In brief, the case of complainant is that complainant is consumer of Nigam having domestic connection bearing account No. 5589670000 and has been paying the consumption charges to the ops as per bill sent by the ops. That previous electric meter of complainant was running properly, but the officials of the op no.2 changed the meter without any complaint and they have installed a new meter on the spot outside the gate of house of complainant. It is further averred that after installing the new meter, the ops have issued a bill for the month of March, 2019 in which the units consumed have been shown 172 up to 8.4.2019 and arrear of Rs.1,12,175.25 has also been shown in the bill, which was payable up to 29.4.2019. That complainant contacted Nigam/ op no.2 for making necessary correction in the said bill, but op no.2 told the complainant that this was arrear which was due against the complainant. The above said bill is wrong, against law and facts, null and void, arbitrary and is liable to be set aside or corrected. The complainant is ready to pay the actual consumption charges but the officials of Nigam are not coming forward to accept the actual consumption charges from complainant. The complainant has also not consumed the electricity as shown in the bills because he has no air conditioner, washing machine or any high consummated electric item. It is further averred that there was no need to change the old meter and op no.2 has threatened to disconnect his electric supply in case he fails to make payment of the above said amount. The complainant visited the ops so many times but he was not listened. That complainant also got served a legal notice upon ops on 14.6.2019 and ops sent a reply but it is not satisfactory. That complainant is suffering mental tension, harassment at the hands of ops. Hence, this complaint.
2. On notice, opposite parties appeared and filed written statement taking certain preliminary objections. It is submitted that screen of meter of complainant was not showing reading/ consumption since September, 2017. The complainant has made a complaint to the Nigam on 31.12.2018 regarding wrong reading and on this complaint, Nigam checked the meter and found that reading was not visible and so Nigam issued MCO No.15/823 dated 11.1.2019 and got premises checked vide LL-1 No.30/701 dated 22.1.2019. The meter was removed from site and packed in card board box duly sealed with PVC tape, which was duly signed by consumer and checking team. The meter was referred to M&T Lab., Sirsa for checking of the meter seals, reading etc. The meter was tested in M&T Lab, Sirsa vide office memo no.287 dated 7.2.2019 and found reading 24396, the display was defective and reading was extracted through software data. It is further submitted that new meter was installed at the house of complainant for supply of electricity. Till July, 2017 reading of the meter of complainant was 10889 and after that due to defective display, the reading was not shown properly and the average bill had been issued by the Nigam to the complainant till January, 2019. In February, 2019, the Nigam has adjusted Rs.33,277/- in the account of complainant. In May, 2019, Nigam has again overhauled the account of the consumer on the basis of Lab Test Report and adjusted Rs.20,138/- in the account of consumer. The Nigam has issued bill to the complainant as per consumption consumed by complainant and which is not wrong. The complainant is liable to pay the said bill which was issued as per consumption including arrears because the complainant has not paid even a single penny after May, 2019 till today. Remaining contents of the complaint are also denied to be wrong and prayer for dismissal of complaint made.
3. The parties then led their respective evidence.
4. We have heard learned counsel for the parties and have gone through the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has deposed and reiterated all the averments made in the complaint. He has also furnished copy of bill Ex.C1, copy of legal notice Ex.C2, copy of postal receipt Ex.C3. On the other hand, ops have furnished affidavit of Sh. Surender Kumar, SDO as Ex.RW1/A in which he has deposed and reiterated all the averments made in the written statement. They have also furnished detail of account Ex.R2, copies of bills Ex.R3 to Ex.R5, copy of application Ex.R6 and copy of checking report and copy of meter change order Ex.R7 to Ex.R9.
6. It is undisputed fact that complainant is holding an electric connection and consuming electricity against bills issued by ops, but however, complainant received a bill in the month of March, 2019 in which consumed units has been shown 172 up to 8.4.2019 and arrears of Rs.1,12,175.28 has also been shown in the bill.
7. During the course of arguments, learned counsel for complainant has strongly contended that bill issued by ops is illegal and excessive and complainant is not liable to pay the same since the bill has not been issued on the basis of actual consumption. On the other hand, learned counsel for ops has contended that on the complaint of complainant, his meter was replaced and a new meter was installed and the previous meter was got checked in the M&T laboratory and on the basis of reading extracted through software data, the bill was rightly raised as per actual consumption and complainant can visit the office of ops and can verify all these facts personally, if he so requires. So, it will be in the fitness of things, if present complaint is allowed and ops are directed to overhaul the account of complainant in his presence.
8. In view of above discussion, we allow the present complaint and direct the opposite parties to overhaul the account of complainant in his presence after serving seven days prior notice to the complainant and thereafter to make fresh demand, if any by giving sufficient time of more than 15 days to pay the payable amount without any penalty. The amount, if any deposited by complainant as per terms of the order dated 4.9.2019 passed by this Forum shall also be adjusted in the account of complainant and in case it is found while overhauling the account of complainant that any excess amount is deposited by complainant, same shall also be adjusted in the account of complainant or in the future bills of complainant. We further direct the opposite parties to consider the request of the complainant for grant of rebate/ concession on the payable amount, if any as per scheme of the Nigam of rebate/ concession during the relevant period to be granted to the consumers like complainant. No order as to costs. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. Member President,
Dated: 25.02.2020. District Consumer Disputes
Redressal Forum, Sirsa.
