Haryana

Sirsa

CC/19/183

Pawan Kumar - Complainant(s)

Versus

DHBVN - Opp.Party(s)

Naresh Kumar Daroliya

07 Jan 2020

ORDER

Heading1
Heading2
 
Complaint Case No. CC/19/183
( Date of Filing : 18 Apr 2019 )
 
1. Pawan Kumar
Subhash Colony Mal Godam Road Sirsa
Sirsa
Haryana
...........Complainant(s)
Versus
1. DHBVN
City Sub Division Sirsa
Sirsa
Haryana
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Roshan Lal Ahuja PRESIDENT
 HON'BLE MR. Sunil Mohan Trikha MEMBER
 HON'BLE MS. Sukhdeep Kaur MEMBER
 
For the Complainant:Naresh Kumar Daroliya, Advocate
For the Opp. Party: Rishi Sharma, Advocate
Dated : 07 Jan 2020
Final Order / Judgement

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no. 183 of 2019                                                                         

                                                            Date of Institution         :          18.04.2019                                                                            

                                                              Date of Decision   :          07.01.2020.

Pawan Kumar, aged about 52 years son of Shri Niranjan Lal, resident of Subhash Colony, Mal Godam Road, Sirsa, Tehsil and District Sirsa.

            ……Complainant.

                                                Versus.

1. Dakshini Haryana Bijli Vitran Nigam, through its Managing Director at Hisar.

2. Executive Engineer, Dakshini Haryana Bijli Vitran Nigam, T11 Industrial Area, Sirsa Sub Division, Sirsa, District Sirsa.  

3. Sub Divisional Officer, Dakshini Haryana Bijli Vitran Nigam, T11 Industrial Area, Sirsa City Sub Division, Sirsa, District Sirsa.

 ..…Opposite parties.   

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SHRI R.L. AHUJA…………….. PRESIDENT                                                   

                   SMT. SUKHDEEP KAUR………….. MEMBER                                              

                 SHRI SUNIL MOHAN TRIKHA…..MEMBER                    

 

Present:       Sh. N.K. Daroliya, Advocate for the complainant.

Sh. Rishi Sharma, Advocate for the opposite parties.

 

ORDER

                        In brief, the case of complainant is that complainant is having an electricity connection bearing account number 3100380000 and he has been making the payments of electricity bills to the ops regularly without any default. That prior to 3.10.2018, the complainant was paying regular bills on the basis of actual consumption recorded by the electricity meter installed outside the house of complainant by ops and till that date, the meter was running without any defect or any complaint but on 3.10.2018 all of a sudden, same was burnt and a complaint in this regard was immediately lodged to the ops. After necessary formalities, the ops got installed a new electricity meter by replacing the burnt meter. That after due inspection and after getting checked the meter from M&T Lab, the ops replaced the burnt meter with new meter on 15.10.2018 and since then newly installed meter is showing actual consumption of complainant and accordingly complainant was/is ready to deposit the consumption charges with the ops. It is further averred that on 15.3.2019, the complainant received a bill dated 11.3.2019 issued by ops vide which the complainant was informed that he had consumed 1075 units of electricity for the period 8.1.2019 to 6.3.2019 and he was asked to make payment of Rs.83,511/- including sundry charges of Rs.67,284/-. The complainant was surprised to receive aforesaid bill because the same was for very much excessive amount than the  bills issued by ops since for the last several years and he did not use much electricity than consumed by him in routine. It is further averred that complainant approached to op no.3 regarding this bill and requested to issue a fresh bill after rectifying the aforesaid wrong bill but the ops did not explain as to how said bill with claim of excessive amount on account of sundry charges has been issued rather they taken the false and vexatious plea that amount claimed through the bill in question is on account of sundry charges leveled by internal audit and they have no much knowledge of the same. That complainant was further asked by the ops that in case the above said amount is not paid by complainant on due date, the same shall be recovered from him by way of coercive method and that his electricity connection shall also be disconnected with an immediate effect whereas they have got no legal right to do so. It is further averred that complainant also moved complaints to higher authorities in this regard but to no effect. That complainant approached the ops and requested them not to disconnect his connection and further requested to issue fresh electricity bills as per actual consumption of units but the ops are adamant and they have flatly refused to admit the genuine claim of complainant about two days ago. Hence, this complaint.

2.                On notice, opposite parties appeared and filed written statement taking certain preliminary objections. It is submitted that as a matter of fact on 19.10.2018, the premises of complainant was checked vide LL-1 No.19/702 dated 19.10.2018 and found the meter totally burnt. The burnt meter was removed and a new meter was installed in its place. The account of complainant was overhauled in terms of sales circular No.D-25/2017 vide SC&AR No. 398/125/R-155 in the following manner:-

                   SL 7x0.25.x16x30x12   =       10080x7.10               71,568-00

                                                                   E.D.                        1,008-00

                                                                   F.S.A.                      3730-00              

                                                                   M.Tax                    1431-00

                                                                   Total:                     77,737-00

                                                Less Already Billed                 10,453-00

                                                Amount chargeable                 67,284-00

                   It is further submitted that complainant was served with the consumption charges bill in a legal and lawful manner and the complainant is under legal obligation to make payment of the aforesaid amount plus current consumption charges to the ops and ops are entitled to recover the same from the complainant. In case, the complainant fails to make payment of the aforesaid amount plus current consumption charges, then the ops have a legal and valid right to disconnect the electric connection of complainant. All other 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 record carefully.

5.                The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has reiterated all the averments made in the complaint. He has also furnished copy of grievance form Ex.C1, copy of bill Ex.C2, copy of Gmail Ex.C3, copy of adhar card Ex.C4 and copy of consumer complaint form Ex.C5. On the other hand, ops have furnished affidavit of Sh. Ravinder Kumar, SDO as Ex.RW1/A, copy of detail of amount Ex.R1, copy of sales circular No.D-25/2017 Ex.R2 and copy of checking report Ex.R3.

6.                During the course of arguments, learned counsel for complainant has strongly contended that a sum of Rs.67,284/- has been claimed by ops on account of sundry charges though there is no liability of the complainant to pay the same. On the other hand, there is specific contention of the ops that since the meter of complainant was burnt and late intimation was given by the complainant as a result of which meter was replaced and was referred to M&T Lab and amount was claimed on average basis and no excess amount has been claimed from the complainant.

7.                During the course of arguments, learned counsel for ops has produced copy of meter change order (MCO). Since learned counsel for complainant has claimed that ops have not supplied copies of all the required documents which are on their record, so it will be in the fitness of things, if present complaint is partly allowed and direction is given to the ops to overhaul the account of complainant in his presence.

8.                In view of our above discussion, we partly allow the present complaint and direct the opposite parties to overhaul the account of complainant in his presence after serving a ten days prior notice to the complainant and thereafter to raise fresh demand if any amount is found payable by the complainant and also to provide further period of 15 days to deposit the amount if found payable by the complainant. The opposite parties will also adjust the amount in the account of complainant, if already paid by the complainant in terms of order dated 22.4.2019 passed by this Forum whereby disconnection of connection was stayed subject to deposit of 50% of the disputed amount by complainant and the opposite parties will also adjust the amount in the future bills of complainant if it is found that complainant has already deposited excess amount with the ops. 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           Member                        President,

Dated: 07.01.2020.                                                               District Consumer Disputes

                                                                                   Redressal Forum, Sirsa.

        

 

 
 
[HON'BLE MR. Roshan Lal Ahuja]
PRESIDENT
 
 
[HON'BLE MR. Sunil Mohan Trikha]
MEMBER
 
 
[HON'BLE MS. Sukhdeep Kaur]
MEMBER
 

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