BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 167 of 2020
Date of Institution : 24.07.2020
Date of Decision : 08.05.2024.
Kanta Devi wife of Sh. Banarasi Dass, resident of Gali Chjra Wali, Sirsa through her Legal Heir/ Legal Representative Bhupender Kumar son of Banarsari Dass (son of complainant).
……Complainant.
Versus.
1. Superintending Engineer ‘OP’ Circle D.H.B.V.N, Sirsa.
2. Executive Engineer, D.H.B.V.N., T-11 Industrial Area, Sirsa, Tehsil and District Sirsa.
3. Sub Divisional Officer, D.H.B.V.N. City Division, Industrial Area, Sirsa, Tehsil and District Sirsa.
..…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
BEFORE: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR………………………MEMBER
SH. OM PARKASH TUTEJA…………………MEMBER
Present: Sh. Manish Gupta, Advocate for the complainant.
Sh. S.K. Garg, Advocate for the opposite parties.
ORDER
Initially the present complaint was filed by Smt. Kanta Devi and after her death his legal heir Bhupender Kumar i.e. son of complainant is pursuing the present complaint on her behalf.
2. In brief, the case of complainant is that she is consumer of ops vide domestic electric connection no. 9103670000. The complainant has been regularly making payment of all the bills time to time. That from the date of installation of meter, it worked properly but in the months May to September, 2019, the actual consumption as per bills issued by ops was 5246 units but ops have issued the bills for the units 11855 which is wrong and illegal. That further in the months of January to March 2020, the ops have issued bills for the consumption of 14469 units which is impossible as there was winter season and as per consumption of complainant in these months, it is quite impossible to consume 14469 units. It is further averred that it seems that meter became faulty and jumped and shown higher units than actual consumed units, hence the ops started issuing the bills on higher side as per meter reading. The complainant lodged the complaint with the ops number of times and written complaint was also filed but with no result. The ops were issuing the bills regularly on higher side on the basis of jumped units’ consumptions. That thereafter on her complaint, the meter was changed but in that bill the ops have also levied the wrong consumption of previous jumped units. It is further averred that now complainant has received a bill dated 15.07.2020 which is payable on 25.07.202 which contains a separate amount beside the consumption charges of 2040 units plus previous arrears amount of Rs.1,73,748/- and this amount has been mentioned in the bill without any cogent reason and cause and op no.2 has also failed to give the details thereof. That no notice has ever been served upon complainant and as such a valuable right of complainant has been waived off and imposition of amount of Rs.1,73,748/- is wrong and illegal and is liable to be set aside. That now ops are threatening to deposit the amount otherwise her connection would be declared PDCO and to recover the amount by using coercive method and now ops have issued another bill of the amount of Rs.1,89,529/- which is also wrong and illegal. Hence, this complaint.
3. On notice, ops appeared and filed written statement taking certain preliminary objections. It is submitted that consumer was billed on average basis for the period of 03.05.2019 to 07.09.2019 (127 days) for meter being burnt/ defective but in other bill an amount of Rs.94045.78 was adjusted in her account. It is further submitted that on the complaint/ application of consumer, her meter was changed vide MCO dated 30.08.2019 and display was also found burnt at that time. The complainant was billed vide bill dated 20.06.2020 showing arrear of Rs.1,73,749/- i.e. consumption charges of 21942 units for 164 days and a sum of Rs.1,11,760.22 is adjusted vide bill no. 20.06.2020 after overhauling her account vide another bill dated 15.07.2020. It is further submitted that as the account of consumer was overhauled on replacement of meter being burnt/ defective and on the basis of her previous consumption account was overhauled and all the documents of previous consumption was available with the department, so there was no need of notice before posing the lesser amount of consumed units. Since reading portion was also invisible so on the basis of previous consumption her electric account was overhauled as per rules and regulations of Nigam and there is no irregularity of any kind in her assessed account and bill dated 15.07.2020 is quite genuine and consumer is liable to pay the bill. It is further submitted that bill is quite right and genuine, her connection sanctioned load is 18 KW and consumption is much heavy and her meter was found burnt/ defective and reading was also not visible, so account was overhauled as per rules. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. In evidence, Bhupender has tendered his affidavit Ex.C1 and documents Ex.C2 to Ex.C11.
5. On the other hand, ops have tendered affidavit of Sh. Virender Singh SDO as Ex.RW1/1 and document Ex.R1.
6. We have heard learned counsel for the parties and have gone through the case file.
7. From the bill Ex.C6, it is evident that earlier ops issued bill to the complainant for 127 days i.e. from 03.05.2019 to 07.09.2019 for 5246.03 consumed units. In this bill, it is clearly mentioned that old reading of the meter was 44156.97 and new reading was 49403 and as such ops issued the bill for difference of 5246.03 units. From this bill which is of dated 09.11.2019, it is evident that complainant consumed 1512.47 units in 63 days i.e. from 03.05.2019 to 07.09.2019 and bill of Rs.9540/- was issued to the complainant with due date as 19.11.2019 and complainant paid the said amount of Rs.9540/- to the ops on 12.11.2019 as is evident from receipt Ex.C7. Then from bill Ex.C5 dated 04.01.2020, it is evident that ops issued bill to the complainant for the period 0.11.2019 to 04.01.2020 i.e. for 56 days for an amount of Rs.22,894/- for consumed units of 2958.5 as old reading was 1512.47 and new reading was 4470.97 and due date of its payment was 14.01.2020. The complainant also deposited amount of Rs.22894/- to the ops against this bill on 14.01.2020 as is evident from receipt dated 14.01.2020/ payment history Ex.C8. However, then ops issued bill dated 12.03.2020 for the period from 04.01.2020 to 12.03.2020 i.e. for 68 days for consumed units 14469.03 units as old reading was 4470.97 and new reading was 18940 and vide this bill demand of Rs.1,11,761/- was raised by ops from complainant which has been challenged by complainant being on higher side and for exaggerated units and according to complainant the meter became faulty and jumped and shown higher units than actual consumed units. From bill Ex.C6, it is evident that although the ops issued the bill for the period 07.09.2019 to 09.11.2019 for 1512.47 units and old reading was not there but then vide bill dated Ex.C5 for the period 09.11.2019 to 04.01.2020, though bill was issued for 2958.5 units for 56 days as old reading was 1512.47 and new reading was 4470.97 but in the previous consumption pattern, the ops have mentioned the units against November 2019 as 13368.41 whereas the bill from 07.09.2019 to 09.11.2019 was for 1512.47 units without any old reading and bill from 09.11.2019 to 04.01.2020 was for 2958.5 units and as such it is not understandable that how the ops mentioned the units as 13358.41 in November, 2019 in previous consumption pattern. It is also appears that bill Ex.C4 for an amount of Rs.1,11,761/- for 68 days from 04.01.2020 to 12.03.2020 for 14469.03 units (old 4470.97 new 18940 units) has been issued by ops for exaggerated units and it appears that meter jumped and became faulty and then in the subsequent bills also then amount has been wrongly added by the ops and showing of 13368.41 units by the ops in November, 2019 is also wrong and illegal. Although, ops have asserted that complainant was billed vide bill no. 910367593955 dated 20.06.2020 showing with the arrear of Rs.1,73,749/- i.e. consumption charges of 21942 units for 164 days and a sum of Rs.1,11,760.22 has been adjusted vide bill dated 20.06.2020 after overhauling her account vide another bill dated 15.07.2020 but this version of ops is not supported by any document rather the ops have been issuing the bills to the complainant after adding the said amount in the bills and bill dated 15.07.2020 was issued by ops for an amount of Rs.1,89,529/- which is wrong and illegal. Although ops have placed on file adjustment detail as Ex.R1 but from same it is not evident that when ops adjusted the above said amount of Rs.1,11,760.22 rather it is proved on record that ops have not adjusted this amount in future bills and issued bills for exaggerated amount which is wrong and illegal. The consumed units from March, 2020 to May 2020 could not be 14469.03 units because the consumed units during the said period in previous years was of 3289.45 units and 3158 units and even in the bill issued from 16.06.2020 to 15.07.2020 the consumed units for 29 days have been shown as 2040.44 and as such the impugned bill for 14469.03 units as well as subsequent bills are liable to be set aside. The ops also cannot charge surcharge of the amount of Rs.3245/- added in bill dated 12.03.2020 and of the amount of Rs.4901/- added in the bill dated 20.06.2020. The ops have not proved the fact through their cogent and convincing evidence that during the period of disputed bill the meter not jumped and did not become faulty and was giving actual consumption. So, the opposite parties are liable to issue fresh bill and to raise fresh demand of the amount from the complainant after deleting the amount of Rs.1,11,760.53 which the ops claim that they have adjusted the said amount but have not adjusted the said amount in the subsequent bills and have been added in the bills and also to deduct the amounts of Rs.3245/- and Rs.4901/- being surcharge.
8. In view of our above discussion, we allow the present complaint and direct the opposite parties to issue fresh bill and to raise fresh demand of the amount from the complainant after deduction the amount of Rs.1,11,760.53 also to deduct/ delete surcharge of Rs.3245/- and Rs.4901/- and the ops will issue the fresh bill of disputed period on the basis of average consumption during those months of previous years. We also direct the ops to further pay a sum of Rs.10,000/- as composite compensation for harassment and litigation expenses to the LRs of consumer/ complainant. The ops are liable to comply with this order within a period of 45 days from the date of receipt of copy of this order. The LRs of original complainant will be liable to make payment of fresh bill/ demand raised by ops. 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: 08.05.2024. District Consumer Disputes
Redressal Commission, Sirsa.
