BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHABAD.
Complaint No.:243 of 2016.
Date of Instt.: 16.09.2016.
Date of Decision: 04.05.2017.
Ranjit Singh son of Gopi Ram resident of village Bhirdana Tehsil & District Fatehabad.
…Complainant.
Versus
1. Dakshin Haryana Bijli Vitran Nigam, through Executive Engineer, Operation Division, DHBVN, Fatehabad District Fatehabad.
2. Sub-Divisional Officer, Operation Sub-Division, 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. R.K.Panwar, counsel for the complainant.
Sh. R.D.Gijroiya, 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.BBID-1221 in his name and has been making the payment of all the electricity bills regularly and there is nothing due against him. The OPs had issued to the complainant a bill for a sum of Rs.6905/- payable on 08.03.2016 by showing the consumed units 900 and now the Ops have issued another bill for a sum of Rs.11505/- payable on 05.05.2016 and in this bill total consumed units have been shown as 651 and an amount of Rs.6904/- have been shown as arrears 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 complainant requested the OPs many a times to treat the impugned bills null and void but the Nigam is bent upon to recover the said amount and also threatened that in case the amount is not paid then the electricity connection of the complainant would be disconnected. 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 as Annexure C2 to Annexure C10.
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 he bill including the arrears outstanding against the complainant was issued for actual consumption of electricity and he is liable to pay the same but instead of making the payment thereof he has approached to this Forum. It has been further averred that the OPs are legally entitled to recover the bill amount from the complainant. Other pleas made in the complaint have been controverted and prayer for dismissal of the complaint has been made. In evidence, the Ops have tendered affidavit of Sh.Chander Parkash, LDC as Annexure R2 and documents as Annexure R11.
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. It is not disputed that the complainant is consumer of the OPs. Learned counsel for the complainant has argued that the bill under challenged has not been issued for actual consumed units and before issuance of this bill he had moved an application (Annexure C-2) to the OPs for replacement of the meter. Perusal of order dated 22.09.2016 passed by this Forum reveals that the complainant was directed to deposit 50 % of the disputed amount but when he did not comply with the order passed by this Forum then there was no other alternative with the Ops but to disconnect the electricity connection, therefore, the electricity connection of the complainant was disconnected on 27.02.2017. On 28.02.2017, the complainant had moved an application for restoration of his electricity connection. This Forum vide detailed order dated 28.02.2017 directed the complainant to deposit Rs.10,000/- with the Ops for getting the connection restored. It is strange that on one hand the complainant has claimed that he has been making the bills of electricity regularly and on the other hand has concealed the material facts from this Forum and instead of making the payment of the consumed units he has approached to this Forum without leading cogent and reliable evidence. The complainant has even did not bother to file rejoinder to the reply to rebut the stand taken by the OPs. Though the complainant in support of his contentions has placed on file an application Annexure C2 for replacement of the meter but he has not placed any evidence on the file to show that on which mode the application was sent to the Ops or the same was received by OPs. This very document does not have any stamp about receiving of application dated 30.03.2016 by the Nigam. The OPs have taken a specific stand that the bill under challenge is correct and as per actual consumption and it has every right to recover the same from the consumer. There is nothing on the file to show that the bill in question had been issued wrongly and illegally therefore, it was obligatory on the complainant to deposit the amount as shown in the bill in question being legal and genuine but instead of depositing the electricity bill with the Nigam the complainant has approached to this Forum without any reason by twisting the facts. The complainant has not been able to prove his case by leading cogent and reliable evidence, therefore, the present complaint deserves dismissal.
5. In view of the aforementioned discussion we are of the considered opinion that the complaint deserves dismissal. It is ordered accordingly. There is no order as to costs. The interim order dated 28.02.2017 passed by this Forum stands vacated. 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:04.05.2017 (Raghbir Singh)
President (R.S.Panghal) (Ansuya Bisnoi)
Distt.Consumer Disputes Member Member
Redressal Forum, Fatehabad.
