BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHABAD.
Complaint No.:223 of 2016.
Date of Instt.: 29.08.2016.
Date of Decision: 26.04.2017
Harbans Lal son of Chaudhary Ram resident of Aggarwal Colony, Fatehabad Tehsil & District Fatehabad.
Complainant.
Versus
- Dakshin Haryana Bijli Vitran Nigam through XEN Operation Division Dakshin Haryana Bijli Vitran Nigam Fatehabad.
- SDO Operation Sub Division, City DHBVN Fatehabad.
Opposite parties.
Complaint U/s 12 of the Consumer Protection Act,1986.
BEFORE: Sh. Raghbir Singh, President.
Smt. Ansuya Bishnoi, Member.
Sh.R.S.Panghal, Member.
Argued by: Sh.Raj Kumar Panwar, Adv. for the complainant.
Sh.Parveen Kumar Jora, Adv. for the opposite parties.
ORDER:
The complainant has filed this complaint against the opposite parties (hereinafter to be referred as OPs) with the averments that he is a consumer of OPs having an electric connection bearing account No.DL11/685 installed at Old Aggarwal Colony, Fatehabad. He has been making the payment of electricity bills regularly and nothing is due towards him. It has been further averred that earlier the OPs had issued a notice No.795 dated 31.05.2006 on account of checking dated 26.05.2006 of his electricity meter and also got recovered a sum of Rs.16664/- from the complainant forcibly and illegally, therefore, he had filed a complaint No.190 dated 28.9.2006 which was accepted with cost of Rs.500/- and the demand notice No.795 dated 31.05.2006 was also set vide order dated 02.05.2007. The Ops were also directed to adjust the amount of Rs.16664/- in future bills of the complainant. Thereafter the complainant kept on visiting the OPs for compliance of order dated 02.05.2007 but when the OPs did not pay any heed to his requests then he lodged complaints No.740 dated 13.03.2015 and No.1486 dated 01.06.2015 respectively with them but despite that the Ops had issued a bill to the complainant for a sum of Rs.182858/- payable on 19.02.2016 and also disconnected the electricity connection of the complainant. It has been further averred that thereafter in order to get the order dated 02.05.2007 executed as well as for restoring the electricity connection he filed an execution No.23 of 2016. The Ops appeared in that execution and after calculation deducted a sum of Rs.85030/- along with interest out of the total amount Rs.182858/- in compliance of order dated 02.05.2007 and amount of Rs.112517/- was shown to be recoverable from the complainant. The complainant had requested the Ops many a times to execute the order dated 02.05.2007 but they lingered on the matter on the pretext that an appeal against that order is pending before Hon’ble State Commission and the account of the complainant would be overhauled as per order to be passed in that appeal. However, in fact the Ops had not filed any appeal and misguided the complainant, therefore, due to adding of interest and surcharge huge amount of Rs.1,12,517/- is now pending against the complainant and the OPs had disconnected the electricity connection of the complainant under the garb of recovery of that amount. It has been further averred that the Ops are not reconnecting the electricity connection of the complaint and are bent upon to recover said amount. There is deficiency in service on the part of OPs and thus, he is entitled to compensation of Rs.20,000/- from the OPs on account of mental agony and harassment besides Rs.10,000/- as cost of litigation. Hence, this complaint. In evidence, the complainant has tendered his affidavit as Annexure C1 and documents Annexure C2 to Annexure C6.
3. The OPs appeared and filed their joint reply contesting the complaint of the complainant by taking several preliminary objections such as cause of action, maintainability, estoppal and suppression of material facts from this Forum. It has been further submitted that during checking the complainant was found committing theft of electricity on 26.05.2006, therefore, penalty was imposed upon the complainant vide demand notice No.795 dated 31.05.2006 and the complainant got reconnected the electricity connection after depositing 50 % of the penalty amount as per order passed by this Forum in the month of July, 2006. It has been further submitted that vide order dated 02.05.2007 Hon’ble Forum by allowing the complaint had directed to adjust the amount of Rs.16664/- alongwith compounding interest @ 3 % per annum. Thereafter the Ops had adjusted the amount of Rs.16664/- (from July, 2006 to June, 2016) which comes to Rs.85,030/- and issued a bill for an amount of Rs.1,97,547/- for the period from July, 2006 to June, 2016 to the complainant payable on 25.07.2016 after adjusting the deposited amount in the month of November, 2012, July, 2013 and December 2014. It has been further averred that the OPs had deducted the amount of Rs.85030/- out of the total amount and the balance amount comes to Rs.1,12,517/- which the Ops are legally entitled to recover the same from the complainant. There is no deficiency in service on the part of the OPs. Other pleas made in the complaint have been controverted and prayer for dismissal of the complaint has been made. In evidence, the Ops have tendered affidavit of Sh.Gulshan Wadhwa, as Ex.RW1/A besides documents Ex.R1 to Ex.R5.
4. Heard. We have examined the pleadings and documents of the parties very carefully. In his arguments learned counsel for the complainant has reiterated the submissions made in the complaint. On the other hand the counsel for the OPs rebutted the above said arguments of the counsel for the complainant and prayer for dismissal of the complaint.
5. Undisputedly, earlier complaint filed by the complainant was accepted by this Forum vide order dated 02.05.2007 (Annexure C6). The complainant had filed an execution application to get the order dated 02.05.2007 executed and this Forum while dismissing of the said execution being fully satisfied in para No.6 had held as under:
“The above said discussed circumstances show that both the parties are negligent and are at default as after passing of the order dated 02.05.2007 in favour of the complainant he went in deep sleep and similarly the JDs have also failed to comply the order in time. However, this Forum has to see only whether the order of this Forum has been complied or not yet late for which the JDs have adjusted an amount of Rs.85030/-. So in our view no further action is called for. In so far as disconnection of the connection of the complainant is concerned, the JDs have pleaded that as and when the complainant will deposit the remaining amount of Rs.1,12,517/- (after deduction of Rs.85030/- from 1,97,547/-) they will reconnect his connection and we cannot pass any order in this regard being not the subject matter of the order under execution. If the complainant has any grudge against disconnection and disputes the above said amount of Rs.1,12,517/- he will have to take another legal remedy/steps”.
6. It is established that an amount of Rs.1,12,517/- was to be recovered from the complainant by the Ops as per averments made in the execution application decided by this Forum on 08.08.2016. At the time of dismissing said execution application the complainant was given liberty to take another legal remedy/steps, therefore, instead of making the payment of that amount (Rs.1,12,517/-) the complainant has filed this complaint by twisting the facts. It is strange that on one hand the complainant is trying to show that the amount demanded in question is illegal but on the other hand he has not placed on file any credible and clinching evidence to show that the OPs are deficient in providing service to him and have not calculated the amount as per rules. The act and conduct of the complainant clearly shows that he has not approached this Forum with bonafide intention and in this way or that way he has concealed material facts from this Forum.
7. In view of the aforementioned discussion we are of the considered opinion that the complaint deserves dismissal. It is ordered accordingly. There is no order as to costs. Since the complainant has already deposited 40 % of the disputed amount i.e. Rs.1,12,517/- therefore, he is directed to pay remaining 60 % of the disputed amount i.e. Rs.1,12,517/- with Nigam within one month. The interim order dated 01.09.2016 passed by this Forum stands vacated. Copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.
Announced in open Forum.
Dated:26.04.2017
(Raghbir Singh)
President,
(R.S.Panghal) (Ansuya Bishnoi) Distt.Consumer Disputes
(Member) (Member) Redressal Forum, Fatehabad.
