BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 379 of 2019
Date of Institution : 18.07.2019
Date of Decision : 06.03.2020.
Mahavir Parsad son of Partap, resident of village Kairanwali, Tehsil and District Sirsa.
……Complainant.
Versus.
1. Dakshin Haryana Bijli Vitran Nigam Ltd., Sub Division T-24, Nathusari District Sirsa.
2. Executive Engineer, Dakshin Haryana Bijli Vitran Nigam Ltd., Sirsa, District Sirsa.
3. Dakshin Haryana Bijli Vitran Nigam Ltd., through Managing Director, Hisar.
..…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA…………….. PRESIDENT
SMT. SUKHDEEP KAUR………….. MEMBER
Present: Sh. Vinod Beniwal, Advocate for the complainant.
Sh. P.D. Gupta, Advocate for the opposite parties.
ORDER
In brief, the case of complainant is that complainant is a farmer and a domestic electricity connection bearing No. SN 29-2791-H is installed at his house and as such he is consumer of the ops. That complainant has been paying bills of electricity regularly. In the year 2018, he had made payment of last bill of Rs.2640/- and thereafter in the month of February, 2019, the ops served a bill of Rs.8971/- to him which was to be paid up to 12.3.2019 and this bill was issued by ops wrongly to the complainant after adding amount by their own choice. That complainant visited the electricity department regarding this bill and the officials of ops stated that if he cannot deposit whole amount of bill then deposit some amount and they will correct the bill thereafter. That thereafter, the ops again issued a wrong bill in April, 2019 for the amount of Rs.20,540/- which was then corrected for the amount of Rs.10,000/-. It is further averred that again and again ops are issuing wrong bills to the complainant and on his request for correction of the bills, they are saying that amount of previous bill is outstanding against him whereas complainant has deposited all the previous bills. The complainant is not at fault because complainant is depositing the bills regularly prior to receiving of bills for exaggerated amount. That complainant made several oral requests to the ops for correction of the bill but op no.1 did not pay any heed to the requests of complainant. Hence, this complaint.
2. On notice, opposite parties appeared and filed reply raising certain preliminary objections. It is submitted that para no.3 of the complaint is wrong, incorrect and denied to the effect that complainant has been regularly paying the electricity charges incorporated in the bills. The record with the ops shows that complainant has not paid the amount of electricity bills w.e.f. February, 2018 to October, 2018. It is further submitted that it is correct that complainant had paid Rs.2640/- but by that period an amount of Rs.7210/- was outstanding against the complainant with respect to the consumption of electricity charges. Thus, he was still in deficit of Rs.4701/-. In February, 2019, an amount of Rs.8961/- was outstanding against him for electricity charges. The bill is correct and same has been raised as per total units consumed by him and as such he was/is liable to pay the same. It is wrong and denied that electricity charges to the tune of Rs.8961/- have been wrongly and arbitrarily incorporated in the bill by electricity department. However, Rs.3468/- were deducted/ waived out of the total consumptions amount of electricity and thereafter a bill of Rs.8961/- was sent to the complainant. This deduction is under the scheme D-24/2018. Thereafter, account of complainant was overhauled and amount of Rs.6901/- was refunded towards complainant account and the defaulting amount remains to the tune of Rs.21,041/-. In August, 2019, total electricity charges were of Rs.23,129/-. It is further submitted that the fact that complainant had been asked to deposit some money towards bill amount is matter of record. It is wrong and denied that bill of Rs.20,540/- was sent to the complainant. In April, 2019 bill amount was of Rs.26,657/-. In June, 2019 total consumption charges were of Rs.21041/- after overhauling the total account w.e.f. February, 2017 to April, 2019. It is wrong and denied that bill of consumption charges had been reduced to Rs.10,000/-. In fact, complainant showed his inability to pay the total bill amount at one time. Taking lenient view, officials allowed him to deposit Rs.10,000/- out of the total bill amount and made an entry to this effect in the bill. The complainant remained defaulter of the department for a long time and he has also availed scheme of the department. An amount of Rs.23,129/- stands outstanding against complainant by August, 2019. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.
3. The parties then led their respective evidence.
4. We have heard learned counsel for the parties and have gone through the case file carefully.
5. Learned counsel for complainant has contended that it is proved case of complainant that bills issued by ops are illegal, against law and facts and complainant is not liable to pay the same as bills have been issued wrongly and on concocted facts. The complainant has been using electricity and paying the bills of actual consumption regularly. The ops have not explained the reason for adding this arrear in the regular bill of complainant and has relied upon judgment of Hon’ble Haryana State Consumer Disputes Redressal Commission, Panchkula in case titled as Uttar Haryana Bijli Vitran Nigam Ltd. vs. Meena Chauhan, IV (2018) CPJ 146.
6. On the other hand, learned counsel for ops has contended that earlier account of complainant was overhauled and amount for which he deserved for exemption, benefit of same had been given but thereafter the complainant was not paying bills of consumption regularly as a result of which arrears continued to be accumulated and lastly bills have been issued on the basis of actual consumption.
7. We have considered the rival contentions of both the parties and have gone through the record as well as judgment relied upon by learned counsel for complainant.
8. It is undisputed fact that complainant is consumer of ops and is holding domestic connection bearing account No. SN29-2791-H. He has been paying the bills to the ops regularly. But however, there is dispute qua issuance of bill in the month of April, 2019 for an amount of Rs.20,540/-. The perusal of record reveals that complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A and copies of bills Ex.c1 to Ex.C3. On the other hand, ops have furnished affidavit of Sh. Mukesh Rohilla, SDO as Ex.RW1/A in which he has deposed and reiterated all the averments made in the written statement and they have also tendered copy of statement of account Ex.R1.
9. The perusal of statement of account Ex.R1 reveals that ops have shown some outstanding balance of Rs.23,129/- in the month of August, 2019 against the complainant, but however, ops have not placed on record any document in which details of arrears have been shown except statement of account Ex.R1 which only bears signatures of learned counsel for ops and does not bear signatures of SDO concerned. So, it will be in the fitness of things, if present complaint is partly allowed and a direction is given to ops to overhaul the account of complainant in his presence after serving a ten days prior notice to complainant.
10. In view of above, we partly allow the present complaint and direct the opposite parties to overhaul the account of complainant in presence of complainant after serving a ten days prior notice to the complainant and after providing an opportunity of being heard to the complainant and thereafter to settle amount of liability of complainant, if any to pay the same to ops and to make a fresh demand if any amount is found due against the complainant and to provide further 15 days time to deposit the same. No order as to costs. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. Member President,
Dated: 06.03.2020. District Consumer Disputes
Redressal Forum, Sirsa.
