BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 261 of 2018
Date of Institution : 25.10.2018
Date of Decision : 25.04.2019.
Shamsher Singh aged about 47 years son of Babu Singh, resident of village Sikanderpur Tehsil & District Sirsa. ……Complainant.
Versus.
- Dakshin Haryana Bijli Vitran Nigam, through its M.D. Vidyut Sadan, Hisar.
- Executive Engineer, D.H.B.V.N, District Sirsa.
- S.D.O Operation Sub Urban Division, D.H.B.V.N. 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. K.S.Mehra, Advocate for complainant.
Sh. M.S.Gill, Advocate for opposite parties.
ORDER
In brief, the case of the complainant is that, he has obtained electric connection bearing No.A/c No.SS12-2847 and is paying the electricity bills regularly. In the month of February 2018, he received a bill of Rs.4532/- for 257 units, which was got corrected from OPs, therefore, he had deposited Rs.2500/-. After that, the complainant received another bill in the month of April 2018 for Rs.3137/- for 211 units, which was also got corrected and an amount of Rs.2000/- was deposited by the complainant. Again in the month of June, 2018, the complainant received bill of Rs.1938/- for 198 units, which was also deposited with the Ops. In the month of August 2018, the Ops have issued bill for Rs.18150/- for 2053 units which was also got corrected and amount of Rs.10,000/- was deposited. The Ops have issued bill No.06134 in the month of October, 2018 for 31367/- for 1356 units ( in which Rs.14338/- has been added as sundry charges Rs.8,390/- as arrears and Rs.8639/- current cycle charges. The complainant is ready to pay the current cycle charges and the Ops have wrongly and illegally demanded Rs.22,728/- on account of sundry charges and arrears. It has been further averred that earlier the meter of the complainant took jump and it had shown 861 consumed units, therefore, the bill was corrected and paid by the complainant in the year 2012- 2013. The complainant requested the Ops to correct the bill and to charge the actual consumption chares but to no avail. That the act and conduct of the ops comes under the ambit of deficiency in service as well as unfair trade practice due to which complainant is suffering harassment and mental tension etc. Hence, this complaint.
2. On notice, opposite parties appeared and filed joint written statement wherein it has been submitted that the complainant is trying to twist the actual facts as he had only deposited part payments of Rs.2500/- out of total amount of Rs.4532/- and Rs.2000/- out of total amount of Rs.3137/-. He had cleared the third bill for Rs.1938/- through cheque No.000022 dated 22.06.2018. It has been further submitted that another bill of Rs.18150/- was issued to the complainant and out of which, the complainant had deposited Rs.10,000/- through cheque No.000027 dated 24.08.2018 being part payment but the said cheque was dishonored by the bank. The said amount is the outstanding amount of bills against the complainant. Other contentions have been controverted and prayer for dismissal of the complaint has been made.
3. Both 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 perusal of the record reveals that the complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A, in which, he reiterated all the same allegations made in the complaint and also tendered documents such as electricity bill dated 05.10.2018 Ex.C1, electricity bill from 16.05.2018 to 19.07.2018 Ex.C2, electricity bill for the period from 16.03.2018 to 16.05.2018 Ex.C3, electricity bill dated 06.04.2018 and another electricity bill dated 05.02.2018 Ex.C5. On the other hand the Ops have tendered affidavit of Sh.Sandeep Mehta, SDO, in which, he has deposed in terms of the reply and also tendered documents such as complete detail of energy bill of complainant Ex.R1, cheque dated 22.06.2018 Ex.R2, bill receipt Ex.R3, return memo Ex.R4, copy of register Ex.R5, copy of cheque dated 24.08.2018 Ex.R6, bill receipt Ex.R7, memo of bank Ex.R8 and copy of register Ex.R9.
6. As per averments made in the complaint, the complainant has obtained electric connection bearing account No.SS12-2847 in his house in village Sikanderpur District Sirsa and he has been paying the electricity bills regularly. In the month of February, the complainant had received bill of Rs.4532/-, out of which, the complainant had paid Rs.25,00/- and thereafter, he received bill for Rs.3137/- for only 211 units and he had paid Rs.2000/- an then he received another bill for Rs.1938/- for 198 units which he has deposited and thereafter, he has been depositing the bills as and when same were received by him. That the complainant has received bill for Rs.31,367/-, which he has challenged by way of present complaint.
7. On the other hand, there is specific plea of the Ops that the complainant had been receiving the bills for actual consumption of electricity, but however, he had been depositing the bills partly, as a result of which, the arrears of electricity charges had been accumulating after every bill and the accumulated amount of arrears of bill was added in the current bill, which the complainant has challenged. No excess amount has been claimed by the Ops, under any circumstances and the bill has been raised for actual consumption charges.
8. It appears from the evidence of the parties that there is dispute of settlement of accounts and it will be in the fitness of things, if present complaint is partly allowed with a direction to the Ops to overhaul the account of the complainant in his presence after serving 7 days prior notice and thereafter, to settle the account and make the refund, if any, in accordance with law.
9. In view of the above discussion, we partly allow this complaint and the Ops are directed to overhaul the account of the complainant in his presence after serving 7 days prior notice, and thereafter to settle the account and make the refund, if any, in accordance with law. The Ops are further directed to give 15 days prior notice to pay the arrears of bills, if any. Keeping in view the above circumstances, 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. President,
Dated:25.04.2019 District Consumer Disputes
Redressal Forum, Sirsa.
Member Member
DCDRF, Sirsa DCDRF, Sirsa
