BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, FATEHABAD.

Complaint no.50/2017.

Date of instt.22.02.2017. 

                                                                       Date of Decision:27.10.2017.

Krishna Devi wife of Pappu resident of Kirati Nagar, Fatehabad, Tehsil and District Fatehabad.

                                                                             ..Complainant.

                                       Versus

1.Dakshin Haryana Bijli Vitran Nigam through Executive Engineer, Operation Division, DHBVN, Fatehabad District Fatehabad.

2. Sub-Divisional Officer, Operation Sub-Division, (City) Dakshing Haryana Bijli Vitran Nigam, Fatehabad, District Fatehabad

..Opposite parties.      

      Complaint under Section 12 of Consumer Protection Act, 1986.    

Before             Sh.Raghbir Singh, President.

                        Sh.R.S.Panghal, Member.

     Smt.Ansuya Bishnoi, Member.

Present :         Sh.R.K.Panwar, Advocate for complainant.

Sh.Kuldeep Sharma, Advocate for the OPs.

ORDER

                    The present complaint under Section 12 of Consumer Protection Act, 1986 has been filed by the complainant with the averments that an electricity connection for domestic purposes bearing No.AJID-0104-A has been installed in the name of the complainant in her house. The complainant has been using the electricity and making payment of all the  electricity bills and as such the complainant is the consumer of the OPs as defined in the Consumer Protection Act, 1986. It is further submitted that a electricity bill payable on 22.09.2016 for a sum of Rs.9,646/- and thereafter a bill for a sum of Rs.13,733/- payable on 22.11.2016 have been issued to the complainant. The above said electricity bills issued by the OPs to the complainant are wrong, against law, against facts, null and void, without providing any opportunity of hearing, without providing any detail and as such the said bill are liable to be set aside. The quashing of above said bills has also been sought on the ground that the complainant was never found indulged in theft of power energy; that it is the duty of the OPs to keep the meter in order; that the electricity connection of the complainant is for domestic purposes and the sanctioned load is 0.200 K.W. It is further submitted that the OPs were requested by the complainant many times to treat the above said bills as null and void and to restrain from effecting the recovery of remaining bill amount and to issue the correct bill to the complainant by showing a correct consumption and to put the electricity meter in working order. However the OPs did not accept the request of the complainant and are bent upon to recover the amount of above said bills from the complainant. It is also further  submitted that the above said act on the part of OPs amounts to deficiency in service and unfair trade practise. Hence, this complaint.

2.                On notice the OPs appeared and resisted the complainant by filing a written statement wherein it is submitted that there is no deficiency on the part of OPs in rendering service to the complainant. It is also further submitted that the complainant has not come with clean hand and she has concealed the material facts from this Forum and as such she is not entitled for any relief.

                   On merits it is submitted that the bill payable on 22.09.2016 amounting to Rs.9646/- issued to the complainant by the OPs is of the energy consumed by the complainant during the relevant period and the electricity bill payable on 22.11.2016 of Rs.13,733/- is also the bill of energy of electricity  consumed by the complainant and the same also included an arrear of Rs.9,646/- which pertains to the previous bill not paid by the complainant. It is further submitted that the impugned bills are charges of energy consumed by the complainant and have been sent to the complainant in accordance with the Rules/Norms of the Electricity Board and the same are sustainable in the eyes of law. It is also a submitted that the meter in question is not having any fault and the same is working correctly. It has been further prayed that the present complaint is without  any merit and the same is liable to be dismissed.

3.                In evidence the complainant tendered her affidavit as Annexure C1 wherein she has affirmed the averments made in the complaint. The complainant also tendered documents Annexure C-2 to C-11 and closed her evidence. On the other hand Sh.Bhajan Singh, SDO, Operation, DHBVN, Fatehabad submitted his affidavit as Annexure RW1/A. The OPs in evidence also tendered document Ex.R1 and closed their evidence.

4.                We have heard the arguments advanced by learned counsel for the parties and have examined all the documents placed on record of the case file. It is the case of the complainant that the electricity bills payable on 22.09.2016 and 22.11.2016 amounting to Rs.9946/- and 13733/- respectively issued by the OPs are illegal, null and void and against facts. The said bills have been issued without furnishing any detail, without affording any opportunity of hearing to the complainant. The complaint has sought quashing of the said bills inter-alia on the grounds that the complainant was never found indulged in theft of energy’ that to keep the meter correct is the duty of the OPs; that the complainant has never tempered the mater or its seals and the sanction load of meter is only 0.200 K.W. as the electricity connection of the complaint is for domestic purposes.

5.                On the other hand it is the case of the OPs that the impugned bills payable on 22.09.2016 were of the energy/ electricity consumed by the complainant during the relevant period and the bill dated 22.11.2016 also include an amount of Rs.9946/- which was arrear of previous bills not paid by the complainant. The impugned bills are charges of energy which was consumed by the complainant and the same are perfectly in order and in accordance with the Rules/Norms of the Electricity Board. The electricity meter is not having any fault and the same is working correctly.

6.                We are of the considered opinion that the complainant has failed to prove any deficiency on the part of the OPs in rendering service to the complainant. From perusal of the Annexure C-2 and C-3 i.e. electricity bills and documents Ex.R-1 it is evident that the impugned electricity bills are the charges for the energy consumed by the complainant and the bill dated 22.11.2016 also includes the arrear of bills which were not previously paid by the complainant. The impugned bills are not any kind of penalty imposed upon the complainant. Therefore there was no need to give any opportunity of hearing or opportunity of show cause before sending the said electricity bills to the complainant. As per law a consumer is bound to make payment of charges for the energy which has been consumed by him. In the present matter in case the complainant was aggrieved with the correctness of meter in that eventuality he should have filed an application before the OPs for checking the correctness of meter. However no evidence is there on the file that the complainant had made any request to the OPs for checking of the meter.

                   In view of the aforesaid discussion we hold that the present complaint is devoid of any merits and the same is accordingly dismissed without any cost. Copy of this order be communicated to the parties free of costs. File be consigned to the record after due compliance. 

Announced in open Forum.

Dated: 27.10.2017.

(Raghbir Singh)

     President

             (Ansuya Bishnoi)  (R.S.Panghal)   District Consumer Disputes                      

       Member                 Member       Redressal Forum,Fatehabad