Haryana

Bhiwani

CC/83/2020

Birak Bhan - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

suraj

21 Aug 2023

ORDER

  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                                                            CONSUMER COMPLAINT NO.     83 of 2020

                                                DATE OF INSTITUTION: -             14.08.2020

                                                            DATE OF ORDER: -                         21.08.2023

 

Birak Bhan son of Shri Ramdhari Master G, resident of village Dhareu, near Mata Ka house no. 119, Tehsil & District Bhiwani.

  

             ……………Complainant.

 

VERSUS

 

1. SDO, DHBVNL, Achina Road, near Sanjarwas bus stand, village Sanjarwas.
2. Xen, DHBVN, near Charkhi Dadri Railway Station, Charkhi Dadri.

 

………….. Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

BEFORE:          Mrs. Saroj Bala Bohra, Presiding Member

  Sh. D.M. Yadav, Member

 

Present:-      Shri  Suraj Chand Aggarwal, Advocate for complainant.

        Ms. Reena Sharma, Advocate for OPs.

 

ORDER:-

 

Saroj Bala Bohra, Presiding Member:

 

1.                     Brief facts of the case, as per complainant are that he is a consumer of  electricity connection bearing no. DD2D-0860-ABU53-2047-A installed in his house whose sub division no. B-33 taken from Sanjarwas.  It is alleged that the complainant paying the bill of electricity smoothly and on time and there was never any delay in payment of any bill by the complainant.  It is further alleged that a bill ranging from 190 units to 400 units was issued to the applicant by the electricity department and last four bills have also been attached by the complainant.  On dated 21.07.2020 the electricity department issued bill in which the consumed unit 8221 which was shown due to jumping of the department’s meter.  It is alleged that another families were also faced the same problem, who contacted with the SDO and Xen DHBVN and in the beginning they said that you should not pay these bills and they said that on the basis of previous bills we should issue new bills but they refused to do so.  The photo of the meter has been presented in the file by the complainant alongwith the cutting of the newspaper of August 6 and August 7 and other days, in which the 8 unit consumer per day.  The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, physical harassment and financial loss. Hence, it amounts to deficiency in service on the part of respondents and as such he had to file the present complaint and it is prayed that the present complaint may kindly be allowed and respondents may kindly be directed:-

1. To pay a sum of Rs.50,000 compensation to the complainant on account of suffering mental harassment alongwith Rs.100000/- as cost of litigations.

2 .                    On appearance, OPs filed written statement alleging therein that the complainant has neither any locus standi to file the present suit nor any cause of action has accrued to him for filing and maintaining the suit.  It is submitted that the complainant has not come with clean hands and suppressed the true and material facts.  It is further submitted that there is no such complaint of jumping the meter as alleged by the complainant.  It is submitted that OPs have issued correct bills to the complainant and the difference, if any, is due to backlog of units.  It is further submitted that Ops are ready to reset the meter of complainant in Lab if the complainant is ready to deposit the testing fees of meter and completes other formalities. Therefore, there is no deficiency in service on the part of OPs and the complainant is not entitled to any relief as prayed for and the same is liable to be dismissed with heavy costs.  

3.                     To prove its complaint, the counsel for complainant has tendered in evidence documents Annexure C1 to Annexure C6 and closed the evidence vide his separate statement dt. 12.03.2021.  On the other hand, counsel for OPs tendered in evidence affidavit of Deepak  SDO as Annexure RW1/A and documents as Annexure R-1 to Annexure R-4 and closed the evidence vide his separate statement dated 19.04.2023.

4.                     The grievance of the complainant is that the complainant paying the bill of electricity regularly.  On dated 21.07.2020 the electricity department issued bill in which the consumed units 8221 which was shown due to jumping of the department’s meter.   The complainant contacted the SDO and Xen DHBVN and in the beginning they said that we should issue new bills but they refused to do so.  The grievance of the counsel for the OPs is that there is no such complaint of jumping the meter as alleged by the complainant.  It is submitted that the OPs have issued the correct bills to the complainant and the difference, if any, is due to backlog of units.

5.                     The meter of the complainant has been checked by the respondent officials time to time.  The reading of the meter has taken by the authorized representative of the department.  He has not reported any technical fault in the meter of the complainant.  The disputed consumption of 8221 units not rebutted by the OP with any evidence hence the perusal of complainant’s previous bill can fix the average consumption by the complainant.

6.                 

 

 

 

After hearing the learned counsel for the parties and having gone through the material available on the records, we are of the considered view that the complaint is allowed, as there is deficiency & unfair trade practice on the part of the OPs.  The plea taken by the complainant is that the OPs have issued the bill with wrong meter reading.  The complainant has proved his case by placing on record his duly sworn affidavit Annexure CW1/A, copies of bills Annexure C2 to Annexure C5 and copy of application dated 4.2.2021 as Annexure C6.  From the perusal of Annexure C4, it is proved on record that the reading of the meter of the complainant is inflated as showing 8221 units which do not appear correct as per the previous continuous consumption by the complainant.  So, it is clear that the OPs have issued a bill by showing wrong meter reading, which amounts to deficiency in service on the part of the OPs.  The OPs have failed to controvert this plea of the complainant.  It appears that the OPs have nothing to say in this case to controvert the stand taken by the complainant. Hence, issuing of bills on basis of wrong meter reading by the OPs without any fault on the part of complainant amounts to deficiency in service on their part.         

7.                Therefore, in view of the circumstances mentioned above, complaint is allowed.  The OPs are directed: -

i.        To correct the meter reading on the basis of the previous consumption by the complainant.

2. To pay Rs.5500/- (Rupees Five thousand five hundred only) as litigation expenses.

          The compliance of the order shall be made within 30 days from the date of the order.  Certified copies of the order be sent to parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 21.08.2023.          

 

 

     (DM Yadav)                                (Saroj Bala Bohra)

      Member.                                   Presiding Member,

                                                                       District Consumer Disputes

                                                                        Redressal Forum, Bhiwani.

 

 

 

 

 

 

 

 

 

Present:-      Shri  Suraj Chand Aggarwal, Advocate for complainant.

        Ms. Reena Sharma, Advocate for OPs.

 

                    Arguments heard.  Vide separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

 

                 

Dt:21.08.2023      Member.                      Presiding Member,

                                                               District Consumer Disputes

                                                             Redressal Commission, Bhiwani.