Haryana

Fatehabad

CC/70/2020

Gouri Bai - Complainant(s)

Versus

DHBVN - Opp.Party(s)

S.S Marothia

01 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,FATEHABAD.

                                                           Complaint No.70 of 2020.

                                                           Date of Instt.: 11.03.2020.

                                                           Date of Decision: 01.05.2024.

 

Smt.Gouri Bai wife of Shyam Lal resident of village Dhanger Tehsil & District Fatehabad.

 

                                                                             …Complainant.

                             Versus

 

1. Dakshin Haryana Bijli Vitran Nigam, through Executive Engineer, Operation Division
2. Sub Divisional Officer, Dakhsin Haryana Bijli Vitran Nigam City Sub Division, Fatehabad.
3. Junior Engineer, Sub Office, Dakhsin Haryana Bijli Vitran Nigam, Badopal Tehsil & District Fatehabad.

                                                                             …Opposite parties.

 

             Complaint U/s 12 of the Consumer Protection Act, 1986

 

BEFORE:             Sh.Rajbir Singh, President.

                             Smt. Harisha Mehta, Presiding Member.

                             Dr.K.S.Nirania, Member

 

Argued by:            Sh.S.S.Marothia, Adv. for the complainant.

                             Sh.Sanjay Ahuja, Adv. for the Ops.

 

ORDER:

Sh.Rajbir Singh, President

                            

1.                          The complainant has filed this complaint against the    OPs with the averments that there is an electric connection bearing No.DR-1D1871 in the name of complainant installed at village Dhanger Tehsil & District Fatehabad with sanctioned load 0.9 KW; that the complainant had been making the payment of the bills regularly and nothing was due against her and the consumption of units was 150-200 bimonthly; that the complainant sent a bill of Rs.58198/- for the period 13.10.2019 to 13.12.2019 for 5497 units and it was not practically possible to consume such huge amount of units with 0.9 KW load; that the complainant requested the Ops to correct the bill but in the next bill which was to be payable on 13.03.2020 the consumed units have been shown as 5497;  that the complainant requested the Ops to correct the bill and to check the meter because the meter got jumped; that the complainant kept on requesting the Ops to correct the bill but to no avail. The act and conduct of the Ops clearly amounts to deficiency in service on their part.

2.                          The OPs appeared and filed their joint reply wherein several preliminary objections such as cause of action, locus standi, estoppal,  concealment of material facts and jurisdiction etc. have been taken. It has been further submitted that the Ops have issued the bill for the period October 2019 to December 2019 for 5497 units  and further from December 2019 to February 2020 for 345 units  and the total amount in the bill to the tune of Rs.61661/- has been shown for consumed units in the bills which were issued as per the norms of the Nigam and the complainant is liable to make the payment thereof. There is no deficiency in service and unfair trade practice on the part of the Ops. Other pleas made in the complaint by the complainant have been controverted and prayer for dismissal of the complaint has been made.

3                           The complainant has tendered affidavit and document Ex.CW1/A, Annexure P1 to Annexure P3 whereas the Ops have tendered document Annexure R1 in evidence.

4.                          Heard. We have examined the pleadings and documents of the parties very carefully.

5.                          The complainant has come with the plea that the Ops have sent the bills for the incorrect units which were not practically possible with 0.9 KW load and despite her several requests the Ops had neither treated the bills as null and void nor corrected the bill and even failed to check the meter. On the other hand, the Ops have come with the plea that the bills were sent for the consumed units and same were issued as per the norms of the department and the complainant is liable for making the amount of the bills.

6.                          The complainant has specifically taken a plea that the meter got jumped and the Ops have failed to check the meter despite several requests but perusal of the case file reveals that the complainant has never moved any application for getting the meter checked and even she has failed to show that as to on what date and month she had lodged her complaint qua correcting the meter with the Ops. She has also failed to show on the case file that the units allegedly shown in the bills were incorrect. On the other hand the Ops have produced on case file the copy of lodger wherein it has been clearly mentioned that the consumed units were not within 150-200 as claimed by the complainant in her complaint. In this very document it has been shown that the consumed units were 345, 5497, 121, 1597, 151, 552 and 86.  The complainant has failed to prove any deficiency in service and unfair trade practice on the part of Ops by leading cogent and reliable evidence, therefore, the present complaint deserves dismissal.

7.                          On the basis of above mentioned discussion, we are of the considered opinion that there was no deficiency in service at all or any unfair trade practice, on the part of any of the Ops, as alleged, so as to make any of them liable to any extent in this matter. Hence, the complaint is dismissed in view of the facts and circumstances stated above.  All the parties are left to bear their own costs. A copy of this order be supplied to both the parties free of cost as per rules.  This order be uploaded, forthwith, on the website of this Commission as per rules for the perusal of the parties. File be consigned to record room, as per rules, after due compliance.

Announced in open Commission.                                                            Dated: 01.05.2024

 

                                                                                                        

          (K.S.Nirania)                    (Harisha Mehta)         (Rajbir Singh)                           

  Member                               Member                              President