Haryana

Charkhi Dadri

cc/25/2020

Shiv Charan - Complainant(s)

Versus

DHBVN - Opp.Party(s)

Sh. Sanjay Kumar

21 May 2024

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI

                              

                                                          Complaint No.: 25 of 2020.

                                                         Date of Institution: 20.02.2020.

                                                          Date of Decision: 21.05.2024.

 

Shiv Charan age about 42 years S/o Bhim Sain, S/o Kundan, R/o Village Ranila, Tehsil Bond, Distt. Charkhi Dadri                                                                                                                      ….Complainant.

Versus.

1. Dakshin Haryana Bijli Vitran Nigam Ltd., Sub Division Sanjarwas, Tehsil Bound, District Charkhi Dadri, through SDO Sahab
2. The Executive Engineer (Operation), Division, Dakshini Haryana Bijli Vitran Nigam Ltd. Charkhi Dadri, Tehsil & District Charkhi Dadri.

…...Opposite parties.   

                   COMPLAINT UNDER THE CONSUMER PROTECTION ACT,

 

Before: -     Hon’ble Shri Manjit Singh Naryal, President,

                   Hon’ble Shri Dharam Pal Rauhilla, Member

                  

Present:      Shri Krishan Phogat, Advocate, for the complainant.  

Shri Parvesh Bhardwaj, Advocate for OPs.

 

 

O R D E R

1.                   The case of the complainant in brief, is that he is priest of RadhaKrihnan Temple and performs puja in the temple. In the above said temple, there is an electricity connection bearing No. RND-0003 which is in the name of his grandfather namely Shri Kundan. The complainant had paid the last bill of Rs.950/- in the month of February, 2019. Before this the complainant had been paying all bills regularly. It is alleged that in the month of March 2019 the department employees told the complainant  that his meter is old and get it replaced and on demand of OPs he had paid Rs.700/- in this regard. The OPs had not given any receipt for the same. Later on, the department had changed the meter on April 2019, the bill was also Rs.308/- which the complainant had paid on time on 09.05.2019. The OPs sent a bill for Rs.6238/- for the month of July, 2019 in an illegitimate or illegal manner, which is wrong, arbitrary, against law and the complainant is not liable to pay the same. The complainant further alleged that on receipt of above said bills he had visited the office of respondents and requested to rectify the same but they did not pay any heed. On 15.07.2019, the complainant had made a complaint in CM Window, on which the department called the complainant in the office. It is further alleged that complainant said that his electricity bill is high and wrong and requested to correct the bill. If corrected he would sign it. After that electricity department reduced the electricity bill by Rs.2480/- and again sent a new bill dated 22.08.2019 for Rs.4066/- whereas there was no outstanding bill. It is further alleged that complainant had made a complaint in CM window on 16.09.2019. Consequent thereupon, the department OP merely completed formalities and no corrective action was taken. It amounts to deficiency in service on the part of respondents and as such, he had to file the present complaint.

2.                OPs on appearance filed written statement alleging therein that the meter of the complainant became faulty and was replaced by the department free of cost without charging anything. It is submitted that bill of Rs. 6238/- is based on average unit basis and on the basis of actual consumption of electricity. It is further submitted that a sum of Rs. 2480/- was adjusted as per rules as N Code vide SCAR No. 126/153 dated 23.07.2019. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of OPs and complaint of the complainant is liable to be dismissed with costs.

3.                In the evidence, the complainant tendered affidavit Ex.CW-1/A and documents Ex.C1 to Ex.C10 and closed the evidence on 01.05.2023.

4.                Learned counsel for the OPs has tendered affidavit Ex.RW-1/A and closed the evidence on 21.11.2023

5.                We have heard learned counsel for both the parties at length. After hearing learned counsel for both the parties and having gone through the material available on record, we are of the considered view that the complaint of the complainant deserve acceptance as there is deficiency in service on the part of OPs.  It is admitted fact that electricity connection bearing No.RND/0003 stands in the name of Kundan (grandfather of the complainant). It has been observed from the bill issued by the OPs for August 2018 (Ex.C2) that OPs itself commenced charging of bill for 80 units on average basis  since October 2017 corroborated with subsequent bills where bills (Ex.C1 to Ex.C6 and Ex.C8)  were raised for 80 units on average basis determined by OPs for every billing.  However, in the bill for June 2019 (Ex.C6) all of sudden OPs raised bill for Rs. 6,057/- which also includes Rs. 5,750/- under “sundry charges/allowances” without any reasoning & explanation. The next bill, the said amount was shown as arrears Rs. 6238.43 in bill for August 2019 and after adjustment of Rs. 2,480/- bill was raised for net amount of Rs. 4,066/- (Ex.C8). The said amount of arrears and/or “sundry charges/allowances” are unjustified and the same are held null and void and required to be reversed as no justification was given for exaggerated bill.  In our view, this act of the respondents is without any basis because from the perusal of documents no evidence/checking report was placed on record in favour of higher bill amount. On the other hand, the complainant has successfully proved his case by placing on record previous bill Ex.C1 to Ex.C5 showing the consumption/reading for 80 units for per billing cycle determined by the OPs itself. Therefore, the bill issued in the month of June 2019 (Ex.C6) and bill for August 2019 (Ex.C8) are exaggerated and are hereby set aside. In view of the facts and circumstances mentioned above, the complaint of the complainant is allowed with costs and the OPs are directed as under: -

1. To waive the sundry charges/allowance and arrears for Rs.6238.43/- in entirety shown under head “arrears” in bill for August 2019 (Ex.C8) which were Rs. 5,750/- in bill for June 2019 and to rectify the disputed bill and send a modified bill to the complainant on the basis of average consumption of 80 units for every billing cycle of two months as determined and charged by OPs itself since October 2017, without levying any surcharge(s) and adjust the amounts paid by the complainant.
2. To  pay a sum of Rs. 5,000/- (Rs.five thousand only) to the complainant as compensation for harassment.
3. Also to pay a sum of Rs. 5,000/-(Rs.Five thousand only) as litigation expenses.

The amounts mentioned in para (ii) and (iii) shall be paid to the complainant in cash and not to be adjusted towards the electricity bills. In case of default, the awarded amounts shall attract simple interest @9% per annum for the defaulted period.

                   The compliance of the order shall be made within 45 days from the date of receipt of the certified copy of the order.  Certified copies of the order be supplied to the parties free of costs.  File be consigned to the record room, after due compliance.