BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 184 of 2023
Date of Institution : 24.04.2023
Date of Decision : 30.07.2024.
Dinesh Mantri son of Sh. Net Ram, resident of Street No.1 Shashi Banga wali, Old Court Colony road, Near Railway Phatak, Sirsa.
……Complainant.
Versus.
1. Managing Director, Dakshin Haryana Bijli Vitran Nigam Ltd. Hisar.
2. S.D.O. City, Dakshin Haryana Bijli Vitran Nigam Ltd. Sirsa.
..…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SHRI PADAM SINGH THAKUR………….. PRESIDENT
SMT. SUKHDEEP KAUR…….………….. MEMBER
SH. OM PARKASH TUTEJA …………….MEMBER
Present: Complainant in person.
Sh. S.K. Garg, Advocate for opposite parties.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred as Ops)
2. It is averred in the complaint that complainant and his family is consumer of Nigam/ Board and new account No. 4973970000/ Old account No. 1131202UST393115 which was in the name of Gurmukh Singh is now in the name of Pinki Mantri wife of Dinesh Mantri complainant and they are paying the electricity bills regularly. That from about one year, complaint is being made to the ops time and again that wrong name is shown and bill is not being issued due to which complainant has to suffer loss of work, financial loss and mental harassment and under compelling circumstances he moved a complaint on 28.07.2022 bearing no. 1987 but despite that no solution was done. That every time the meter reader disclosed that bill is not uploading because now a days after seeing the reader through machine, the bill is provided on the same day. It is further averred that when after waiting for few months, their grievance was not resolved and despite the assurance of the department that next time correct bill will be issued, but same was not issued and as such he got registered another complaint dated 12.12.2022 after giving details of his previous complaint but the meter reader again told that his bill is not uploading. That in this way the bill will be issued for exaggerated amount due to which they have to suffered financial loss, harassment despite the fact that his wife is suffering from disease from a long time. That complainant also moved another complaint in this regard on 10.04.2023 so that bill can be paid without any additional expenses but the ops issued a wrong bill while showing wrong reading and said bill bearing no. 141 dated 13.04.2023 is wrong and illegal because the bill of the amount of Rs.14301/- showing arrears/ outstanding dues of Rs.2865.25 has been issued without giving Govt. subsidy. That when complainant made inquiry about the same from the department then an another bill of the amount of Rs.2865/- was issued on 17.04.2023 the detail of which was also given in the previous bill and as such complainant is being harassed and humiliated by the ops and financial loss is also being caused to him by issuing wrong bill. Hence, this complaint.
3. On notice, ops appeared and filed written statement taking certain preliminary objections. It is submitted that earlier consumer is defaulter of Nigam, whose connection was transferred to Smt. Pinky Mantri and at present he is not the consumer of Nigam. The bills are rightly issued but due to error in the RAPDRP system and transfer of ownership of this connection to Smt. Pinky bill of consumer could not be issued due to freeze of account and due to correction/ updating of account in the name of Smt. Pinky Mantri it takes some time for confirmation and there after on 13.04.2023 consumption bill of this account was generated from March 2022 to May 2022 for Rs.2865.25 as old consumption and there is no extra addition or surcharge in this bill. Similarly another bill from 11.05.2022 to 29.03.2023 for Rs.11,435.72 as new consumption after transfer of ownership so, bill of total consumption including old consumption bill issued for Rs.14,301/- payable on 24.04.2023 issued on the basis of actual reading and consumption of consumer without any default fee or surcharge. It is further clarified that subsidy of tariff difference is stopped from 01.04.2022 as basic rate of bill is reduced from Rs.4.50 to Rs.2.75 by the Nigam, so current bill is very genuine and correct issued on the basis of actual consumption. It is further submitted that there is no lapse or deficiency on the part of Nigam, if any delay occurred in billing that is due to technical error in system and updating of new owner but penalty of late billing is not charged from consumer, so it is not a matter of financial loss to consumer and nothing illegal is done by the Nigam. With these averments, dismissal of complaint prayed for.
4. The complainant in evidence has tendered his affidavit Ex. CW1/A and documents Ex.C1 to Ex.C13.
5. On the other hand, ops have tendered affidavit of Sh. Amit Singh, SDO as Ex. RW1/A.
6. We have heard complainant and learned counsel for ops and have gone through the case file.
7. From the bill Ex.C8, it is evident that on 13.04.2023 the said bill was issued in the name of wife of complainant for the period 10.03.2022 to 11.05.2022 i.e. for 62 days for an amount of Rs.2865/- with due date as 24.04.2023. Then on the same day i.e. on 13.04.2023, the wife of complainant was issued another bill by the ops (Ex.C7) for the period of 11.05.2022 to 29.03.2023 i.e. for 322 days for an amount of Rs.14301/- with due date as 24.04.2023 and above said amount of Rs.2865/- was also added in the said bill as arrears/ outstanding dues. So, it is proved on record that the bills were issued to the wife of complainant for the period 10.03.2022 to 29.03.2023 i.e. for more than one year. In this regard, ops have taken the plea that bills have been issued on the basis of actual reading but due to error in the RADRP system and transfer of ownership of this connection to Smt. Pinky bill of consumption could not be issued due to freeze of account and due to correction/ updating of account in the name of Smt. Pinky Mantri, it takes some time for confirmation. The ops have further asserted that on the basis of actual reading and consumption of consumer the bills were issued without any default fee or surcharge and that subsidy of tariff difference is stopped from 01.04.2022 as basic rate of billing is reduced from Rs.4.50 to Rs.2.75 by the Nigam, so current bill is genuine and correct issued on the basis of actual consumption. They have further asserted that there is no lapse or deficiency on the part of Nigam, if any and delay occurred in billing due to technical error in system and updating of new owner but penalty of late billing is not charged from consumer. But however, the perusal of the impugned bills reveal that besides bill of actual consumption, the ops also added surcharge etc. in the bills and as the bills were not being uploaded due to some technical fault in the system of ops and the bills have been issued after a period of one year, the complainant was not liable to pay any surcharge. So the ops have wrongly added surcharge amount of Rs.409/- in the bill Ex.C7, which is totally illegal and unfair trade practice on the part of ops because firstly the ops issued the bill after a long period of one year and then they added surcharge amount in the bill without any fault of complainant. During the course of arguments, complainant has stated that he has already deposited total amount of impugned bill and surcharge has been wrongly claimed from him. In these circumstances, we are of the considered opinion that end of justice would be met if the ops are directed to pay an amount of Rs.5000/- for above said deficiency in services for charging surcharge in the bills issued after more than one year.
8. In view of our above discussion, we partly allow the present complaint and direct the opposite parties to pay an amount of Rs.5000/- (Rs. five thousand) as composite compensation and litigation expenses to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be entitled to receive the said amount of Rs.5000/- from ops alongwith interest at the rate of @6% per annum from the date of this order till actual payment. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member Member President,
Dated: 30.07.2024. District Consumer Disputes
Redressal Commission, Sirsa.
