BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 106 of 2019
Date of Institution : 05.03.2019
Date of Decision : 21.08.2019.
Ramphal, aged 52 years, son of Shri Shardha Nand, resident of House No.477, New Housing Board Colony, Sirsa. ……Complainant.
Versus
- Dakshini Haryana Bijli Vitran Nigam Limited through its Managing Director at Hisar.
- Executive Engineer, Dakshini Haryana Bijli Vitran Nigam Limited, OP Division, City Division, Sirsa, District Sirsa.
- Sub Divisional Officer, Dakshini Haryana Bijli Vitran Nigam Limited, City Sub Division, Sirsa, District Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA……………….. PRESIDENT
SHRI ISSAM SINGH SAGWAL ……MEMBER.
MRS. SUKHDEEP KAUR……………..MEMBER.
Present: Sh. JBL Garg, Advocate for complainant.
Sh. K.K.Relhan, Advocate for opposite parties.
ORDER
In brief, the case of the complainant is that, complainant is the consumer of the ops vide DS electric connection bearing account No.0660670000, which is installed at his residential premises. The ops have not been serving regular consumption charges bills to the complainant since October, 2017 and on each and every occasion, the complainant will have to get issued the bill from the office of op no.3 and to make payment of the same. Thus, the complainant was/is being put to unnecessary harassment by the ops. Now the complainant has been served with bill no.066062659925 dated 4.12.2018 for the period w.e.f 8.8.2018 to 2.12.2018 i.e. for 106 days, showing the consumption charges of 2259 units and besides the current consumption charges, the ops have added another sum of Rs.34,869-84 as arrears, whereas, in the same bill, the previous consumption pattern from November, 2017 to August, 2018 has been shown as OK, which means that there was/is no previous arrears against the complainant. It is further averred that on receipt of the above notice and bill complainant approached the op no.3 and inquired about the levy of aforesaid amount of Rs.34,869-84 upon him, but the op no.3 did not give any satisfactory reply to the same and stated that the complainant will have to deposit the same otherwise his electric connection will be disconnected. The op no.3 did not give any details and reasons for claiming this amount from the complainant. The complainant is not liable to pay the aforesaid amount of Rs. 34,869-84 and the ops have no right to effect the recovery of the same, therefore, the said amount is liable to be withdrawn from the account of the complainant. However, the complainant is ready to make payment of the current consumption charges to the ops. It is further averred that the aforesaid disputed amount is being further added/included in the further bills being sent to the complainant and thus, the disputed amount is also liable to be withdrawn from the future coming bills of the complainant. The ops are all out to effect recovery of the aforesaid amount of Rs. 34,869-84 from the complainant by use of force and also all out to disconnect the electric connection of the complainant for want of payment of aforesaid amount, whereas, the ops have no legal and valid right to do so. In case, the ops succeed in their illegal and unlawful designs, then complainant shall suffer an irreparable loss. That despite repeated requests made by the complainant, the ops have refused to admit the claim of complainant two days ago. Hence, this complaint.
2. On notice, ops appeared and filed reply taking certain preliminary objections. It is submitted that consumer is not making the payment of the electricity bills regularly and he is habitual defaulter. He has not paid single money/amount from 1/2017 to 2/2018. One time he has deposited Rs.10,000/- as part payment against the total outstanding amount of Rs.27,860/- and also paid part payment of Rs.10,000/- against the total outstanding of Rs.21,104/-. The bills already issued to the consumer are correct, legal and genuine and have been issued as per the units consumed by the consumer but the consumer/complainant did not pay the amount of bills regularly before the nigam. After deposit of part payment of Rs.10,000/- remaining outstanding amount comes to Rs.11,718/- against the complainant. After that the bills issued to the consumer as per the units consumed by him alongwith the outstanding amount but he has not paid any amount before the Nigam. Further as per record of the Nigam, out of the outstanding amount of Rs.43763/-, the complainant again deposited Rs.10,000/- as part payment in the month of December, 2018. It is further submitted that last bill No.066068074279 dated 14.02.2019 for 71 days showing the details as old reading 5031 new reading 5518 units consumed 487 of Rs.2616.13 alongwith outstanding amount of Rs.34,740/- and less Rs.10,046/- total amount of Rs.27,311/- due date 5.3.2019 after due date amount payable Rs.28092/- issued to the complainant, which is correct, legal and genuine and prepared as per the units consumed by the consumer. The bill is issued to the consumer as per the units consumed by him. The complainant is legally liable to make the payment of this amount before the nigam and the nigam is legally entitled to recover this amount from the complainant as per law and rules of the nigam. Remaining contents of the complaint are also denied and prayer for dismissal of the complaint has been made.
3. Thereafter, the parties have led their respective evidence.
4. We have heard learned counsel for the parties and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has deposed and reiterated all the averments made in the complaint. He has also furnished copy of bill Ex.C1. On the other hand, ops have furnished affidavit of Sh. Surinder Kumar, SDO as Ex.R1. The ops have also affidavit of Sh. Satish Kumar Assistant as Ex.R2 in which he has deposed that account of consumer was overhauled on 30.6.2018 under Nigam instructions sales circular D24/2018 under bill settlement scheme. The consumer was defaulter of Rs.11,718/- as on 30.6.2018 from 352 days, hence account recalculated under bill settlement scheme and Rs.10,046/- were waived off vide SC & AR No. 466/143R. The balance bill/ outstanding after the period of 30.6.2018 is correct, legal and genuine and consumer is bound to make the payment of the remaining amount before the Nigam without any delay.
6. As per allegations of complainant, the ops have not been serving regular consumption charges bills to the complainant since October, 2017 and on each and every occasion, the complainant has to get issued the bill from the office of op no.3 to make payment of the same. Now he has been served with bill dated 4.12.2018 for the period 8.8.2018 to 2.12.2018 i.e. for 106 days showing the consumption of 2259 units and besides the current consumption charges the ops have added another sum of Rs.34,869-84 as arrears.
7. The bond of contention between the parties is qua amount of arrears of Rs.34,869-84 which has been claimed by ops from the complainant. As per averments of complainant, he is not liable to make payment of this amount of Rs.34,869-34 to the ops and he is only ready to pay current bills.
8. On the other hand, there is specific plea of the ops that complainant is not making the payment of electricity bills regularly. He has not paid single money/ amount from 1/2017 to 2/2018. He only deposited Rs.10,000/- as part payment against total outstanding amount of Rs.27,860/- and also made part payment of Rs.10,000/- against the total outstanding amount of Rs.21,104/-. The bills already issued to the consumer are correct, legal and genuine and have been issued as per the units consumed by the complainant but he did not pay the amount of bills regularly. It has further been submitted that out of the outstanding amount of Rs.43,763/-, the complainant again deposited Rs.10,000/- as part payment in the month of December, 2018 and in this way amount claimed by ops is outstanding amount for the consumption of electricity which has been consumed by the complainant and the ops have further alleged that despite that an amount of Rs.10,046/- has been waived off as per scheme of the Nigam and complainant is legally liable to make payment of remaining amount.
9. Keeping in view the facts and circumstances of the present case, it will be in the fitness of things, if present complaint is partly allowed and a direction is issued to the ops to overhaul the account of complainant in his presence after serving a seven days prior notice to the complainant and thereafter to serve a notice of demand to the complainant after settling amount to pay the same within further period of 15 days. We order accordingly and the present complaint is hereby partly allowed with the said directions to 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.
Announced in open Forum. Member Member President,
Dated: 21.08.2019 District Consumer Disputes
Redressal Forum, Sirsa.
