BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 152 of 2012
Date of Institution : 1.8.2012
Date of Decision : 27.8.2015
Balbir Singh son of Sh.Manphool, resident of village Bacher, Tehsil Rania, distt.Sirsa.
……Complainant.
Versus.
1. Dakshin Haryana Bijli Vitran Nigam Ltd., through its Managing
Director/Authorized person at Pachkula.
2. Executive Engineer/D.G.M., Dakshin Haryana Bijli Vitran Nigam, Sirsa.
3. Sub Divisional Officer/A.G.M., Dakshin Haryana Bijli Vitran Nigam, Jiwan Nagar,
Distt. Sirsa.
....…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL……PRESIDING MEMBER.
SH.RAJIV MEHTA ……MEMBER.
Present: Sh.Rajinder Bhakar, Advocate for the complainant.
Sh.R.K.Bahiya, Advocate for opposite parties.
ORDER
In brief, complainant’s case is that he has a domestic electric connection bearing A/C No.SJ-17-1798 in his house and paying regularly consumption charges. In the month of January, 2012, he received a bill in which the meter was shown as faulty and bill was sent on average basis. The same was deposited by the complainant on 14.2.2012. Thereafter, complainant approached the opposite parties for replacement of the meter but no heed was paid. After that, another bill was issued on average basis, which has also been paid on 12.4.2012. The complainant again approached the opposite parties for replacing the said faulty meter and, thereafter, the opposite parties changed the meter with new one. After that, bill no. 2712 dt. 28.5.2012 showing the reading as 25 on 23.4.2012, but the consumption units was shown as 7125 and the bill was for payment of Rs.41,631/-, which is totally wrong and incorrect and is liable to be set aside. The complainant again approached the opposite party no.3 for correction of bill, but he flatly refused and threatened to disconnect the electric connection of the complainant. Hence, this complaint, for a direction to the opposite parties for setting aside the said bill and also for compensation for harassment, mention tension etc. and litigation expenses.
2. Case of the opposite parties, in their joint reply, is that the bills in the month of Jan. 2012 as well as March, 2012 were sent on the basis of average because the meter installed was not visible. However, the bills were issued subject to recover the actual consumption charges on the basis of meter reading. It is also submitted that the respondents have changed the meter from the premises of the complainant in due course of procedure and, thereafter, the meter was accordingly sent to the laboratory for testing vide Meter Change Order No.96 dated 14.3.2012 and it was found in the laboratory that at the time of installation of the meter, the reading was 2-0 in numbers, whereas at the time of removal of meter, it was noted as 9497 and hence the respondents on the basis of calculation of actual consumption of the units, prepared the bill no.2712 dated 28.5.2012 alongwith the meter costs. There is no irregularity on the part of officials of Nigam and the respondents have issued the bill according to law and rules. Other averments of the complainant have also been denied.
3. In order to make out his case, the complainant has placed on record various documents i.e. Ex.C1/A-his own supporting affidavit; Ex.CW2/A-supporting affidavit of Sarpanch Baldev; Ex.CW3/A-supporting affidavit of Ami Lal; Ex.C1 to Ex.C6-impugned bills; Ex.C7-copy of sales instruction no.4/2011 and Ex.C8-bill-cum-receipt.
4. The respondents have not placed on record anything in support of their case.
5. We have heard learned counsel for the parties and have gone through the record carefully.
6. We have gone through the pleadings and the documents of the parties very carefully. Respondents have failed to tender any evidence in support of their version. After giving several opportunities including the last opportunity and cost for adjournments, their evidence was closed vide order dated 15.12.2014. In the written statement, opposite parties mentioned that meter has been checked in the laboratory and the alleged reading i.e. 9497 noted from the laboratory. No notice to the complainant for presence in laboratory is on the file, nor any lab report is on the file. In the absence of lab report or any other supporting document version taken by the opposite parties cannot be accepted. Moreover, from the history of previous electricity consumption reading of the complainant, disputed reading taken by the Ops cannot be believed.
7. For reasons and findings recorded above, we accept the complaint and set-aside the disputed bill (Ex.C6) raised by the Ops for Rs.41631/-. Accordingly Ops are hereby directed to charge the complainant only for the bills issued by the Ops on average basis according to their own Sales Instruction no.4/2011 bearing memo no. Ch-4/GM/Comml./R-17/757/F-32 dated 8.3.2011, which is placed on record as Ex.C7. Beside it, Ops are entitled to recover cost of meter. Ops are further directed to overhaul the complainant account as directed above and if any, excess amount found with them in complainant’s account the same will be adjusted in future bills. Opposite parties are also directed to pay Rs.1100/- as litigation expenses to the complainant. Compliance of this order be made within a period of one month. A 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. Presiding Member,
Dated:27.8.2015. District Consumer Disputes
Member. Redressal Forum, Sirsa.
Balbir Singh Vs. DHBVN
Present: Sh.Rajinder Bhakar, Advocate for the complainant.
Sh.R.K.Bahiya, Advocate for opposite parties.
Arguments heard. For orders to come up on 27.8.2015.
Dated: 25.8.2015.
Member. Presiding Member,
DCDRF,Sirsa.
Present: Sh.Rajinder Bhakar, Advocate for the complainant.
Sh.R.K.Bahiya, Advocate for opposite parties.
Order announced. Vide separate order of even date, complaint has been allowed with costs. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:27.8.2015. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
