BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 317 of 2019
Date of Institution : 14.06.2019
Date of Decision : 15.02.2024.
Sandeep Kaur aged about 51 years wife of Shri Paramjeet Singh, resident of J.E. Colony, Near School, 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, T12 City Sirsa, Sirsa Sub Division, Sirsa District Sirsa.
3. Sub Divisional Officer, Dakshini Haryana Bijli Vitran Nigam, T12, City Sirsa, City Sub Division, Sirsa District Sirsa.
..…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
BEFORE: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR………………………MEMBER
SH. OM PARKASH TUTEJA …………………MEMBER
Present: Sh. N.K. Daroliya, Advocate for the complainant.
Sh. Sachin Nanda, Advocate for the opposite parties.
ORDER
In brief, the case of complainant is that complainant is the consumer of the opposite parties in respect of domestic electricity connection bearing account No. 9373370000 and meter is installed outside her premises. The said connection was obtained by her after depositing requisite security as well as other expenses several years ago. The complainant has been making payment of electricity bills to the ops regularly without any default and she has never been declared defaulter in this regard by ops. It is further averred that prior to 18.8.2018, complainant was paying the regular bills on the basis of actual consumption recorded by the electricity meter and till that day, the meter was running without any defect or any complaint regarding its functioning and last bill of actual consumption of Rs.1278/- was also paid on 26.9.2018 but in the month of December, 2018, complainant received a bill bearing No.937337835183 dated 22.11.2018 of Rs.21,627/- without showing the consumed unit or base of raising such bill of huge amount. The complainant approached the ops and asked the reason regarding issuance of wrong bill and the officials of the ops told that they had no staff to record the units of the consumer and asked to pay the part payment and assured that next bill will be issued after adjusting the amount of part payment as per actual consumption. That on the assurance, complainant deposited the amount of Rs.8000/- vide receipt No. 937337051337 dated 3.1.2019 and had also lodged the complaint regarding wrong bill and in pursuance of the same, on 28.11.2019 ops had removed the meter without any defect and changed the meter vide LL-1 report No.41/721 dated 28.1.2019 and at that time the ops assured that now no wrong bill would be issued to the complainant. It is further averred that since then newly installed meter is showing actual consumption and complainant was/is ready to deposit the consumption charges with the ops. That on 12.3.2019, complainant received a bill No. 937337552218 for the period 16.1.2019 to 3.3.2019 for the amount of Rs.31,589/- including sundry charges/ arrears of Rs.30,007/- without mentioning the consumed unit. The complainant was surprised to receive the aforesaid bill because the same was very much excessive than the bills issued by the ops since for the last several years whereas she did not use any further electricity than consumed by her in routine. It is further averred that complainant approached to op no.3 and requested to issue fresh bill after rectifying the said wrong bill but they without explaining about excessive amount taken false and vexatious plea that amount claimed through the bill is on account of sundry charges for consumed unit and mentioned some noting on the bill on the bill i.e. “LL-1 41/721 dated 28.01.2019 & M&T Lab 617/32 dated 09.04.2019 and found reading 46563, hence difference of find unit 9252 i.e. Rs.31881/- charged vide SCER 265/147R” and threatened to recover the amount by way of coercive method. The complainant also moved complaints to higher authorities but to no effect and ops instead of making correction in their record further issued wrong bill bearing no. 937333935144 dated 09.05.2019 of Rs.42,393/- on the basis of wrong reading and same is also liable to be rectified. It is further averred that impugned checking/ testing report no. 41/721 dated 28.01.2019 prepared by the officials of the ops and memos, if any prepared on the basis of wrong reading alongwith alleged M&T Lab test report and alleged reading of old meter are wrong, against law and facts, illegal and arbitrary, misuse of powers vested in the op no.3. The same are liable to be set aside because alleged checking is in violation of mandatory provisions of the Electricity Act, 2003 as well as Sales Circulars issued by the Nigam from time to time and complainant was not given any prior notice of alleged checking/ testing and even no respectable person of the society was associated in the alleged checking and even no person from the neighborhood was joined. The ops changed the meter on their own and there was no defect in the meter rather the meter reader of ops was providing the reading to the ops but ops were issuing the bill without reading and there was no fault in the meter at the time of removal. The alleged checking and impugned memos (if any) are totally wrong, false, baseless because on the spot nothing irregular was found and no tampering of meter was found at the spot during the alleged checking. It is further averred that sum of Rs.42,393/- imposed upon the complainant in utmost arbitrary manner and without any formula or criteria and the impugned bills are completely silent as to how and in what manner the alleged amount has been calculated. That impugned bill was issued on 12.03.2019 of Rs.31,589/- whereas ops alleged that the meter was checking in M&T Lab on 09.04.2019 i.e. after issuance of bill, but ops failed to explain how they assessed the amount without testing. It is further averred that complainant approached the ops and requested them not to disconnect electricity connection of complainant and further requested to issue fresh electricity bills as per the actual consumption units or on the basis of average from the last years consumption as per rule but the ops are adamant and they have flatly refused to admit the genuine claim of complainant. That such act and conduct of ops clearly amounts to deficiency in service, unfair trade practice and they have caused unnecessary harassment and mental agony to the complainant. Hence, this complaint.
2. On notice, ops appeared and filed written version taking certain preliminary objections regarding cause of action, locus standi and suppression of true and material facts. It is submitted that electricity connection of complainant was disconnected in May, 2019 whereas complaint has been filed in June, 2019 and she is seeking relief restraining the ops from disconnecting her electricity connection and she has not come with clean hands and complaint is liable to be dismissed with special costs of Rs.10,000/-.
3. On merits, it is submitted that sanctioned load of electricity connection of complainant is of 1 KW. The amount of bill dated 22.8.2018 for the period 19.04.2018 to 18.08.2018 was not paid fully and Rs.36/- remained outstanding/ arrears towards complainant regarding aforesaid bill. It is correct that bill dated 22.111.2018 was issued for Rs.21,627/- on average basis and was revised later on. The complainant deposited Rs.8000/- on 03.01.2019 at its own. It is further submitted that complainant applied for change of meter to the ops on which Meter change order (MCO) No. 87/822 dated 5.1.2019 was issued. In pursuance of this aforesaid MCO, the ops visited the premises of complainant on 28.1.2019 and checking was carried out in the presence of Sh. Paramjeet Singh husband of complainant. Meter display was found burnt and it seems to be tampered by consumer/ complainant. The meter was removed from the site and packed in a cardboard box duly sealed with PVC tape and was referred to the M&T Lab, Sirsa for further investigation. The connected load of the complainant’s premises was also checked which was found as 2.196 KW which means that complainant is guilty of unauthorized use of electricity. It is further submitted that new meter was installed at the premises of complainant and details are given in LL-1 No. 41/721 dated 28.01.2019 which was prepared in the presence of Paramjeet Singh and was duly signed by him and a copy of the same was also handed over to him. It is wrong that ops removed the meter without any defect. It is further submitted that complainant admitted that newly installed meter is showing actual consumption even then complainant has not deposited consumption charges after installation of new meter. Bill dated 09.05.2019 was issued by the ops for Rs.42,393/- regarding meter reading from 28.01.2019 to 01.02.2019 and 01.02.2019 to 05.05.2019. A sum of Rs.34,119/- was also included in the bill as it was outstanding towards previous bill dated 14.03.2019. That bills dated 22.11.2018, 19.01.2019 and 12.03.2019 were cancelled and a new revised bill dated 14.03.2019 for the period 18.08.2018 to 28.01.2019 (for 163 days) was issued for Rs.33,162/- but the complainant did not bother to deposit the aforesaid amount. It is further submitted that old meter referred to M&T Lab, Sirsa was checked by the lab on 09.04.2019. Complainant did not come to the Lab for checking despite final notice. During checking the display of the meter was found damaged intentionally. The reading of the meter was extracted through software which was found as 46563. Complainant had already paid consumption charges for 37311 units shown in the bill dated 22.08.2018, so the consumption charges of difference of consumed units i.e. 46563-37311 = 9252 units which comes to Rs.31881/- were added in the revised bill issued to the complainant but she neither bothered to pay this amount nor the amount of consumption charges of new meter. The total outstanding amount of consumption charges towards the complainant is more than Rs.80,000/- till today. It is further submitted that complainant even has no respect for the orders of this Commission which shows here malafide intention. The complainant was directed to pay 50% of the disputed amount and current consumption charges vide order dated 23.07.2019 but she had not paid any amount till 07.08.2019 i.e. next date of hearing. The bills have been issued by the ops in due course of law as per rules of Nigam. It is further submitted that impugned LL-1 report dated 28.01.2019 and M&T Lab report both are prepared as per actual observation of the site of complainant’s premises and as per actual condition of the meter. The meter reading of complainant has been extracted through software in the lab as the reading was not visible at the time of checking of electricity connection on 28.01.2019 and there is no ground to set aside the impugned LL-1 report and M&T Lab report. All other contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. The complainant in evidence has tendered her affidavit Ex. CW1/A and documents Ex.C1 to C8.
5. On the other hand, ops have tendered affidavit of Sh. Surender Kumar SDO as Ex. RW1/A and documents Ex.R2 to Ex.R7.
6. We have heard learned counsel for the parties and have gone through the case file. The learned counsel for ops has also submitted written arguments which is almost repetition of the written version of ops and same have also been gone through by us.
7. From the bill dated 22.11.2018 Ex.C6, it is evident that complainant received the said bill of the amount of Rs.21,627/- from the ops and its due date was 10.12.2018 and although the said bill was issued for 2797 units but consumed units have not been mentioned in the said bill. According to the ops said bill dated 22.11.2018 was issued on average basis and towards that bill an amount of Rs.8000/- was also deposited by the complainant on 03.01.2019 as part payment. The complainant herself applied for change of meter to the ops on which Meter Change Order (MCO) No. 87/822 dated 05.01.2019 was issued. Thereafter, in pursuance of the said MCO, a checking of the connection of the complainant was carried out by the inspecting team of the ops on 28.01.2019 and as meter display was found burnt and there was possibility of tampering with the meter by consumer, therefore, meter was removed from the site. A checking report of the meter/ connection of complainant was also prepared by the inspecting team, the copies of which have been placed on file by both the parties as Ex.C1 and Ex.R2. In the said checking, the load of the connection of complainant was found as 2.196 KW instead of sanctioned load of 1 KW and as such it was found that there was unauthorized use of electricity in the premises of complainant. Since the meter display was found burnt on 28.01.2019, therefore, the earlier bill dated 21.11.2018 was also issued to the complainant without mentioning consumed units as meter reading was not possible and bill was issued on average basis. No doubt the bill dated 12.03.2019 Ex.C2 has been issued by the ops to the complainant before checking of the meter in M&T Lab, but the amount of Rs.30,037/- was added in the said bill as arrears/ outstanding dues which cannot be said to be wrong as the meter reading was not visible and earlier bill dated 21.11.2018 was also issued on the basis of average. The complainant was found using 2.196 KW load against the sanctioned load of 1 KW at the time of checking of her premises and meter display was also found burnt as per checking report Ex.C1. The said checking was conducted by the team of the ops in the presence of husband of the complainant namely Paramjeet Singh. Since the meter display was found burnt, therefore, the meter was sent to the M&T Lab, Sirsa for further checking and before checking of the meter in M&T Lab, prior notice dated 08.04.2019 was also sent to the complainant for checking of meter in her presence. However, complainant did not come present at the time of checking of meter in M&T Lab and as such meter was checked in the Lab and it was reported in the checking report Ex.R3 that display damaged intentionally and as display was defective, therefore, reading was extracted through software data. Since there was unauthorized use of electricity in the house of complainant as she was using extra load than the sanctioned loan and the meter display was also found burnt intentionally so that reading could not be noted down, therefore, complainant has been rightly served with the bills on the basis of data of consumed units extracted through software in the M&T Lab. As such complainant is not entitled to any relief. Moreover, there is nothing on file to prove the fact that complainant has deposited 50% of the disputed amount as per order of this Forum (now commission) dated 23.07.2019 and as such complainant has also not complied the order. As such ops are legally entitled to recover the disputed amount from the complainant and complaint deserves dismissal.
8. In view of our above discussion, we do not found any merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member Member President,
Dated: 15.02.2024. District Consumer Disputes
Redressal Commission, Sirsa.
