BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

CONSUMER COMPLAINT NO.363 of 2013

DATE OF INSTITUTION: - 08.07.2013

DATE OF ORDER: 21.07.2016

Ajay Kumar aged 30 years son of Sh. Kundan Lal, resident of near Vikas High School, Dinod Road, Durga Colony, Bhiwani.

    ……………Complainant.

VERSUS

1. The Sub Divisional Officer Sub Urban No. 2, DHBVNL Bhiwani.

1. Xen Sub Urban No. 2, DHBVNL, Bhiwani.

1. Managing Director, DHBVNL, Hisar.

………….. Opposite Parties.

BEFORE :-  Shri Rajesh Jindal, President.

                    Ms. Anamika Gupta, Member.          

                    Mrs. Sudesh, Member.

Present:- Shri L.K. Ahuja, Advocate for complainant.

     None for Ops.

ORDER:-

Rajesh Jindal, President:

                    Brief facts of the present complaint are that the complainant took domestic connection of electricity account no. B-12-XDID4109 from the Ops in beginning of the year 2008 of continuation for six month got no bill of the electricity consumed by him.  He approached to the OP for so many times for supplying of bill to him but no result ultimately he received of units 2834 of amounting Rs. 13845/- with charging nonpayment of previous bills with penalty was leveled for no fault of the complainant.  It is alleged that after receipt of the bill the complainant approached to OP no. 1 and conveyed his grievance that he was unable to pay such huge amount for no fault on his own.  It is alleged that this process continued two or three times after every two months and penalty over penalty was compounded in the bill to be charged from the complainant.  On 18.05.2013, a bill of Rs. 24971/- was received by the complainant and connection was disconnected for nonpayment of the bill.   The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of respondents and as such he had to file the present complaint.

2.                 On notice, opposite parties appeared and filed written statement alleging therein that the electricity connection of the complainant was disconnected due to the non-payment of the bill of Rs. 25682/- on 26.04.2013 and after the payment of 50 per cent amount of the said bill his connection was restored. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of Ops and as such, complaint of the complainant is hereby dismissed with costs.

3.                 In order to make out his case, the complainant has placed on record Annexure C1 to Annexure C8 alongwith supporting affidavit. 

4.                In reply thereto, the opposite parties did not produce any evidence except affidavit.

5.                 We have gone through the record of the case carefully and have heard the learned counsels for the parties. Written arguments on behalf of complainant filed.

6.

                    Learned counsel for the complainant reiterated the contents of the complaint.  He submitted that the Ops did not sent the bill for the consumption of electricity to the complainant regularly.  The Ops sent first bill for a sum of Rs. 13845/- for the consumption of 2834 units of electricity.  The Ops have illegally charged the surcharge from the complainant. 

7.                 Nobody appeared on behalf of the Ops, despite various adjournments to argue the case.  The case is more than 3 years old.  It seems that the officials of the Ops are not perform their duty properly to defend the department.

8.                 In the light of the pleadings of the parties and arguments of the complainant, we have examined the relevant material on the record.  As per the pleading of the OP, the electricity connection of the complainant was disconnected due to the non-payment of the bill of Rs. 25682/- on 26.04.2013 and after the payment of 50 per cent amount of the said bill his connection was restored.  No material has come on behalf of the Ops in support of their contention.  The Ops have failed to produce any cogent evidence in support of their contention.  Taking into account every aspect of the case, we partly allow the complaint of the complainant and direct the Ops not to charge any surcharge in the disputed bill of Rs. 25682/-.  The Ops are directed to send the copy of this judgment to the Managing Director of the Department to take appropriate action against the erring officials who have failed to defend the department effectively and action taken report be submitted to this District Forum within 60 days.

                    Certified copies of the order be sent to both the parties, free of costs and file be consigned to the record room.

Announced in open Forum.

Dated:21.07.2015.                                            (Rajesh Jindal)

                                                                                President,   

                                                                      District Consumer Disputes

                                                                      Redressal Forum, Bhiwani.

(Anamika Gupta)             (Sudesh)    

     Member.                        Member.