Present:          Sh.Sant Kumar, counsel for the complainant.                                                              

                      Sh.Dushyant Gera, counsels for OPs.                                                                  

ORDER

                        Learned counsel for the complainant has moved an application wherein it has been mentioned that the complainant is ready to pay the amount due towards him in six installments without surcharge and if any excess amount is deposited by him then the same be got refunded.

                        No notice of the application was required as learned counsel for the OPs was present in the court. In response to the application filed by the learned counsel for the complainant, learned counsel for the OPs stated at bar that the Nigam is ready to receive the outstanding amount towards complainant into four quarterly installments.

                        Heard.

                        At this stage, learned counsel for the complainant made a statement that the complainant has already deposited 10 % of the disputed amount i.e. Rs.98773/- and now he is ready to pay the  remaining amount in four installments, without surcharge/arrear, besides paying the future consumption charges. Learned counsel for the complainant drew the attention of this Forum towards instruction No.7.4 wherein it has been mentioned as under:

Payment of Arrears not originally Billed:

There may be certain cases where a consumer is billed for some of the dues relating to previous moths/years, which were not included in the bills for the relevant period either due to the negligence of the Nigam employees or due to some defect in the metering equipment or due to application of wrong tariff etc.

Learned counsel for the complainant has further submitted that the Sub Divisional Officer, Executive Engineer and Superintending Engineer  are competent to allow the outstanding amount towards the consumer into installments without levy of surcharge.

                        Per contra, learned counsel for the OPs has made a statement and gave his consent that the OPs are ready to receive the outstanding amount along with surcharge towards the complainant after deducting the deposited amount into four equal installments as the amount due towards the complainant is originally billed amount and not payment of arrears.                       

                        Perusal of the case file reveals that the complainant had approached this Forum by challenging the bill amounting to Rs.98,733/- payable on 11.09.2015. This Forum while passing an interim order dated 15.10.2015 directed the complainant to deposit 10 % of the disputed amount which the complainant had deposited with the Nigam on 21.10.2015 vide receipt No.001198. Learned counsel for the complainant has stressed that the complainant has been making the payments of bills regularly and nothing is due towards him besides the bill amounting to Rs.98733/- and in this regard he drew the attention of this Forum towards the statement/application dated 06.03.2017 made by complainant through his counsel.  

                        After going through the material, evidence, instruction No.7.4 and statements of learned counsels for the parties, this Forum is of the considered view that the ends of justice would be met if the complainant is ordered to deposit the outstanding amount into four quarterly installments because the amount due towards the complainant is originally billed amount and payment of arrears. Instruction No.7.4 (supra) relied upon by learned counsel for the complainant is helpful to his case to the extent of making the outstanding amount into installments only because there is nothing on the case file to show that the officials of the Nigam had committed any negligence and there was any defect in the meter equipment and the Nigam has applied wrong tariff calculation at the time of issuance of the bill which the complainant has challenged by way of the present complaint.

                        Keeping in view the aforesaid findings we hereby direct the complainant to deposit the outstanding amount towards him into four equal quarterly installments with surcharge as per schedule of the Nigam.  Accordingly, present complaint stands disposed of. Copy of this order be supplied to the parties free of costs.  File be consigned to the record room.

             President                                                                                                                    Ansuiya Bishnoi

  Distt.Consumer Disputes                                                                                                           Member

Redressal Forum, Fatehabad.      

                                                                                                   06.03.2017