Haryana

Charkhi Dadri

cc/84/2019

Omdev - Complainant(s)

Versus

DHBVN - Opp.Party(s)

Rishipal

06 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

                              

                                                                   Complaint No.: 84 of 2019.

                                                                   Date of Institution: 16-09-2019.

                                                                   Date of Decision: 06-06-2024.

 

Omdev age about 60 years S/o Sh. Balbir Singh S/o Hardari Lal Sakna near Ware house, MC Colony, Charkhi Dadri, Tehsil and District Charkhi Dadri.

 

                                                                             ….Complainant.

                                      Versus.

1. Dakshin Haryana Bijli Vitran Nigam, Vidyut Nagar, Hisar, through Managing Director.
2. Executive Engineer, Dakshin Haryana Bijli Vitran Nigam Ltd, Charkhi Dadri, Tehsil & District Charkhi Dadri.
3. Sub-Divisional Officer, Dakshin Haryana Bijli Vitran Nigam Ltd, Sub-Division Charkhi Dadri, Tehsil & District Charkhi Dadri.

                                                                   .….Opposite parties

                   COMPLAINT UNDER THE CONSUMER PROTECTION ACT.

 

Sitting: -     Hon’ble Shri Manjit Singh Naryal, President,

                   Hon’ble Sh. Dharam Pal Rauhilla, Member,

                  

Present:       Shri Rishipal Pehal, Adv. for the complainant.  

Shri Dharambir Vashisth, Advocate for OPs.

 

 

O R D E R

                   The case of the complainant in brief is that  the complainant had taken an electric connection bearing account no. 5496670000 from the OPs and used to make payment of electricity charges regularly. Hence he is consumer of OPs.  It was averred in the complaint that in the month of July 2019, the electricity bill was billed by the OP department for Rs. 739/- with due date 13.08.2019 and electricity consumed unit from 4851 (old unit) to 4993 (new unit)  for the period from 22.04.2019 to 23.07.2019. It was alleged that bill dt.07.08.2019, the electricity consumed was 5301, on which the complainant filed his complaint with the department to get his electricity bill corrected.  It is pertinent to mention here that in case of showing less unit of electricity, than the electricity units consumed in the electricity meter, the electricity department added MMC charges in the electricity bill. After issuing the bill for less units, the outstanding consumed units are added to the next bill and the next bill is sent for an excessive amount. It is further alleged that to avoid such excessive charges and unnecessary MMC charges, the complainant approached OPs to correct the electricity bill of July 2019 for the actual consumed electricity units. Instead of correcting the actual units bill for the month of July 2019, the department reduced the units consumed from  earlier and recorded the bill for consumed units upto 4816 units for Rs. 800/- due date 05.09.2019 was sent. Complainant requested the OP no.3 to correct the bill and to avoid unnecessary MMC charges in future.The OP no.3 flatly refused to solve the problem.  Hence, the present complaint. 

2.                 OPs on appearance filed the contested written statement and took preliminary objections qua locus-standi; cause of action; maintainability; estoppel; jurisdiction; no deficiency and suppression of true & material facts.  On merits, it is alleged that the electricity bill was issued after collecting the reading as per the photo of the meter and the complaint form.  So, there is no deficiency in service on the part of the respondent.  Hence, the complaint of the complainant is liable to be dismissed with costs. 

3.                 In order to make out his case, the counsel for complainant has tendered into evidence affidavit Ex.PW-1/A and documentsEx.P-1/B to Ex.P-1/C and closed the evidence on 20.09.2021.

4.                In reply thereto, the counsel for opposite parties has tendered into evidence affidavit Ex.RW-1/A and documents Ex. R-1 & Ex. R-2 and closed the evidence on24.05.2022.

5.                 We have gone through the record of the case carefully and have heard the learned counsels for the parties.

6.                After hearing the learned counsel for both the parties and having gone through the material available on the record, we are of the considered view that the complaint of the complainant deserves acceptance, as there is deficiency in service and unfair trade practice on the part of the officials of the respondent.  Admittedly the electricity meter bearing no. 5496670000 stands in the name of the complainant.  The complainant had received a bill for July,2019 for the period from11.02.2019 to 07.08.2019 for 165 units (old reading 4651 and new reading4816 for Rs. 1465.41.  This bill comprises Rs.911.50 towards “Amount to cover MMC”. After making provisional adjustments/arrears/outstanding dues and Government subsidy, the net amount payable was Rs. 800/- which was paid by the complainant on 30.09.2019 vide receipt No.549667007401 (Ex.P1/C). The complainant has raised dispute showing meter reading as 5456 on the complaint form (ex.R1). The said reading was corrected by the officials of OP to 4816 and in support of the said reading photograph of the meter reading was submitted to this Commission vide Ex.R2. In view of these facts, it has been established that meter was working smoothly and meter reading captured in the bill for July, 2019 old reading 4651 and new reading 4816 are correct. However, the OPs have failed to give logic charge an amount of Rs. 911.50 towards “Amount to cover MMC”. No department guidelines/circular was  produced  before the Commission in this regard. The complainant has made payment of new bill amount of Rs.800/- and thereafter raised objection. It proves that complaint of the complainant is genuine and merits consideration. Hence, we are of the opinion that complaint is allowed and OPs are directed as under:-

1. To waive Rs.911.50 shown towards “Amount to cover MMC” shown in Bill No.549665639451 issue dated 29.08.2019 and adjust the same in future bill.
2. OPs are also directed to pay a sum of Rs. 1100/-(Rupees One Thousand One Hundred Only) on account of mental agony, harassment etc. and Rs. 1100/-(Rupees One Thousand One Hundred Only) as litigation expenses to the complainant.

          The compliance of the order shall be made within 45 days from the date of receipt of the certified copy of the order failing which interest @9% will be charged for the delayed period. Certified copies of the order be supplied to the parties free of costs.  File be consigned to the record room, after due compliance.