BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHABAD.
Complaint No.:133 of 2016.
Date of Instt.: 03.05.2016.
Date of Decision: 02.05.2017.
Ram Singh son of Chhabil Dass resident of Hans Colony, Fatehabad Tehsil & District Fatehabad.
…Complainant.
Versus
1. Dakshin Haryana Bijli Vitran Nigam, through Executive Engineer, Operation Division, Fatehabad Tehsil & District, Fatehabad.
2. Sub-Divisional Officer, Operation Sub-Urban Dakshin Haryana Bijli Vitran Nigam Tehsil & District Fatehabad.
…Opposite Parties.
Complaint U/s 12 of the Consumer Protection Act, 1986
BEFORE: Shri.Raghbir Singh, President. Smt.Ansuya Bishnoi, Member. Sh.R.S.Panghal, Member.
Present: Sh. Jitender Thakker, counsel for the complainant.
Sh. Dushyant Gera, counsel for the opposite parties.
ORDER:
Briefly stated the facts of the present complaint are that complainant is having domestic electricity connection bearing account No. No.H-42/1142 in his name and has been making the payment of all the electricity bills regularly and there is nothing due against him. The OPs have issued electricity bill amounting to Rs.96,527/- to the complainant payable on 22.07.2015 which is wrong, against law and facts, without providing any detail and opportunity of being heard, against the principles of natural justice, arbitrary, null and void and is liable to be set aside. It has been further averred that instead of correcting the impugned bill the OPs had disconnected the electricity connection of the complainant and refused to treat the impugned bill as null and void. There is deficiency in service on the part of the OPs. Hence, this complaint. In evidence, the complainant has tendered his affidavit as Annexure C1 and documents Annexure C2 to Annexure C13.
2. Upon notice, OPs appeared and contested the complaint by filing joint reply taking preliminary objections regarding maintainability, cause of action, locus standi and suppression of material facts. It has been submitted that the bills for the period from 07/13 to 05/15 were issued to the complainant on average basis as per provisions of Nigam’s monthly slab and the PDCO was effected vide PDCO No.71/741 dated 23.04.2015 and on PDCO FR was received 9507 and the meter was working properly. It has been further submitted that on the request of the complainant the bill was rectified and sundry was prepared. The amount of Rs.33501/- deposited by the complainant vide sundry item No.90/174 had already been adjusted in the bill of the complainant, therefore, bill amounting to Rs.96527/- was correct and has been issued as per the norms of the Nigam. It has been further submitted that earlier the complainant was found indulging in theft of electricity, therefore, two notices bearing memos No.H42/2015/299 and H42/2015/200 dated 31.07.2015 were issued and the complainant was directed to pay a sum of Rs.2000/- for the purpose of compounding the offence and Rs.20,372/- for the purpose of loss to the Nigam which the complainant had deposited on 10.05.2016. There is no deficiency in service on the part of the opposite parties. Other pleas of the complainant have been controverted and prayer for dismissal of the complaint has been made. In evidence, the Ops have tendered affidavit of Sh.J.R.Salora, SDO as Ex.RW1/A and documents as Annexure R1 to Annexure R5.
3. We have heard learned counsel for the parties and have gone through the evidence and documents on the file carefully. Learned counsel for the complainant during arguments reiterated the contentions made in the complaint and prayed for its acceptance whereas learned counsel for the Ops rebutted these arguments and re-asserted the averments taken in the reply.
4. Learned counsel for the complainant has argued that the OPs had already received amount qua theft from the complainant for compounding the office but now through the bill which is under challange they have demanded amount of Rs.96527/- illegally and wrongly which shows that they are demanding the amount for the period of one year on average basis for which they had already recovered the amount qua theft for that period without adjusting the amount already deposited with them.
5. During the proceedings of this complaint Sh.Budh Ram, CA appeared before this Forum. Joint statement of Sh.Budh Ram, CA along with learned counsel for the Ops was recorded on 25.04.2017 which is as under:
“Stated that we are ready to adjust the theft amount which comes to Rs.14965/- after calculation and if the consumer is ready to deposit the total outstanding bill till 18.11.2015 (which includes surcharge from 23.04.2015 to 18.11.2015) then department is ready to release new electricity connection, as per rules, after completing the formalities by the complainant/consumer”
6. Since the OPs vide statement dated 25.04.2017 are ready to adjust the theft amount in the account of the complainant, therefore, the ends of justice would be met, if we dispose of the present complaint keeping in view the statement dated 25.04.2017. Accordingly, we dispose of the present complaint with a direction to the OPs to adjust the amount of Rs.14965/- and to release new electricity connection on depositing of outstanding amount, as per rules after completing the formalities by the complainant. Copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.
Announced in open Forum. Dated:02.05.2017
(Raghbir Singh)
President (R.S.Panghal) (Ansuya Bisnoi)
Distt.Consumer Disputes Member Member
Redressal Forum, Fatehabad.
