DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.265 OF 2014.
DATE OF INSTITUTION: 10.09.2014.
DATE OF ORDER: .09.12.2015
Joginder son of late Kartar Singh, resident of village Nangla, Tehsil tosham, District Bhiwani.
………Complainant.
Versus
- Dakshin Haryana Bijli Vitran Nigam having its Head office at Vidhut Nagar, Hisar through its Managing Director.
- The Executive Engineer, Sub Urban Division, DHBVNL, Bhiwani.
- The Sub Divisional Officer, ‘OP’ Sub Division, DHBVNL, Jui.
………Opposite Parties.
COMPLAINT U/S 12 & 13 OF THE CONSUMER PROTECTION ACT,
BEFORE: Shri Rajesh Jindal, President,
Smt. Ansuya Bishnoi, Member,
Present: Shri S.S. Pilania, Advocate for complainant.
Shri R.P Parmar, Advocate for Opposite Parties.
ORDER:-
RAJESH JINDAL, President:
The brief facts of the case are that the complainant’s father having tube well connection vide meter no. NA-54-3679 and the father of the complainant paid the electricity bill regularly and without committing any default. The complainant alleged that after the death of his father he surprised when he received bill dated 10.07.2013 for a sum of Rs. 18,861/- whereas consumption of the electricity as per meter reading is Zero. The complainant alleged that he was paid a sum of Rs. 20,000/- on 19.08.2013 and complainant made a complaint to OP no. 3 regarding the bill dated 10.07.2013 but the OP no. 3 did not paid any heed. The OP no. 3 did not sent the bill on the basis of average consumption of 0 units and old unit is also 0. The complainant requested the OP no. 3 to issue the bill on the basis of the actual consumption consumed by the complainant and to rectify the bill. The complainant again requested OP no. 2 to direct the OP no. 3 to redress the grievances of the complainant but to no effect. The complainant made many requests to OP no. 3 to change the meter in the name of the complainant but to no avail. The complainant alleged that instead of satisfying the query of the complainant, the Ops issued an energy bill without giving any prior notice under the Electricity Act. Hence, it amounts to deficiency in service on the part of opposite parties and as such he had to file the present complaint.
2. Opposite parties on appearance filed written statement alleging therein that the complainant himself is not a consumer rather his father Kartar Singh was consumer of Nigam now no one is consumer at one time of filing complaint. It is submitted that the father of the complainant obtained the connection vide Meter No. NA54/3679 for tubewell purpose and the consumer was liabile to pay the electricity charge on slab basis as per 350 SOP + Rs. 35/- Capacitor Rent per month and as per account of Nigam on 6/10 Rs. 6520/- was outstanding balance towards consumer and since them upto September/2013 consumer did not pay any single penny to Nigam of electricity charges which was consumed by the consumer and the outstanding balance towards the consumer was Rs. 19914/- thereafter the connection of tubewell of consumer was disconnected due to chronic defaulter. Hence, in view of the circumstances mentioned above, there is no deficiency in service on the part of Ops and the complaint of the complainant is liable to be dismissed against respondents with costs.
3. In order to make out his case, the complainant has placed on Annexure C-1 to Annexure C-5 supporting affidavit.
4. In reply thereto, the Ops have filed Annexure R-1 alongwith supporting affidavit.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned Counsel for the complainant reiterated the contents of the complaint.
7. Learned Counsel for the Ops reiterated the contents of the reply. He submitted that the electricity connection in question was for the purpose of Tubewell and the electricity charges were payable on slab basis. No amount was paid by the complainant to the Ops towards the consumption of electricity. A sum of Rs. 19,914/- was due from the complainant to the Ops, due to the nonpayment of the electricity charges the electricity connection of the complainant was disconnected on 19.08.2013. However, the complainant deposited Rs. 20,000/- on 20.08.2013. He submitted that after disconnection on 19.08.2013, the complainant is no more consumer of the Ops.
8. In the light of the pleadings and arguments of the parties, we have examined the relevant material on record. The present complaint was filed by the complainant on 10.09.2014 after more than 1 year from the date of disconnection, but the complainant has not mentioned the said fact of disconnection in his complaint and has not prayed for restoration of electricity connection. Even the complainant had moved an application for interim order alongwith the complaint for the direction to the Ops not to disconnect the electricity connection in question and not to recover the amount from the complainant. But from the perusal of file we found that neither on the date of complaint the electricity connection was in existence nor any amount was due from the complainant to the Ops. The pleadings of the complaint are ambiguous and against the facts of the case.
9. According to the Ops the complainant did not pay any amount to the Ops towards the electricity charges. The electricity charges was on slab basis at Rs. 350 SOP + Rs. 35/- Capacitor Rent, per month. The complainant has failed to adduce any cogent evidence in support of his contention that he was paying the electricity bills regularly and no amount was due from him to the Ops. Admittedly, the outstanding amount has been paid by the complainant to the OPs on 20.08.2013. However his connection was disconnected on 19.08.2013. In these circumstances, the complainant is entitled for the restoration of electricity connection. Accordingly, we direct the Ops to restore the electricity connection of the complainant if he applies for the same, as per rules of the Nigam. With this observation, the complaint of the complainant is disposed of. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated:09.12.2015. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi),
Member.
