Haryana

Bhiwani

CC/806/2019

Jagdish Chander - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

Arvind Dahiya

17 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

         CONSUMER COMPLAINT NO. :   806 of 2019

                             DATE OF INSTITUTION            :    14.10.2019

                                       DATE OF ORDER:                    :   17.05.2024

 

Jagdish Chander Rohilla son of Sh. Ram Chander R/o H.No.665 VPO Chang, Tehsil and District Bhiwani.

 

          ……Complainant.

 

Versus

 

1. Dakshin Haryana Bijli Vitran Nigam Ltd.  Vidyut Nagar, Hisar through its Managing Director.

 

2. Executive Engineer, Sub Urban, Sub Division, DHBVN, District Bhiwani.

 

3. The S.D.O., Sub Urban No.2, DHBVN, Bhiwani.

….. Opposite Parties

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Arvind Dahiya, Advocate for complainant.

                    Ms. Reena Sharma, Advocate for OPs.

 

ORDER:

 

Saroj Bala Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant is having an electricity account no.CA1D-2881-A. It is alleged that complainant was utter shock when he received electricity bill of Rs.19,908/- for the period from 20.06.2019 to 20.08.2019, however, prior to this, maximum bill of Rs.3542/- has come to complainant for the month 11/2018.  So, complainant approached the OPs but of no solution despite moving to C.M. Window.  Hence, the present complaint has been preferred by complainant alleging the bill as wrong and illegal which amounts to deficiency in service resulting into monetary loss as well as mental and physical harassment. In the end, prayer has been made to direct the OPs to correct the bill in question, not to disconnect the electricity connection to his premises till decision of the case, further to pay Rs.30,000/- as compensation for harassment. Any other relief, to which this Commission deems fit, has also been sought.

2.                 Upon notice Ops appeared through counsel and filed written statement raising preliminary objections qua deficiency in service, maintainability of complaint and suppression of material facts. The Ops have submitted that wrong reading was noted down by meter reading agency for the month of 07/19 to 09/19 due to human error, hence, the grievance of complainant has already been redressed but the complainant has not paid the settled amount. As such, complainant is not entitled to any relief from this Commission.  In the end, denied for any deficiency in service and prayed for dismissal of complaint with costs.

3.                 In evidence of complainant, his affidavit Ex.CW1/A alongwith documents Annexure C-1 to Annexure C-18 were filed and then closed the evidence.

4.                 On the other side, affidavit of Sh. Rajnish Kumar,  SDO was filed as Ex. RW1/A alongwith documents Annexure R-1 to Annexure R-2 and then closed the same.

5.                 We have heard learned counsel for the parties and perused the record on case file. Written arguments on behalf of complainant filed.

6.                 During the course of arguments, learned counsel for complainant has submitted written arguments wherein it is argued that  complainant has paid all electricity bills  and now nothing of OP Nigam is due towards him.  However, he has vehemently argued that as per pleadings of OP Nigam it had noted down wrong meter reading and because of which complainant has to suffer a lot of mental and physical harassment.  As such, complainant is entitled to get compensation for harassment as well as litigation expenses.

7.                 On the other side, learned counsel for OPs has not agitated about deposition of the upto date electricity bill by complainant.  However, the counsel has denied for any compensation to the complainant as well as litigation expenses.

8.                 After hearing learned counsel for the parties and going through the entire record on file, we have come to conclusion that complainant has deposited the disputed bill after its adjustment including bill upto May 2024.  The dispute arose to complainant in the month of June 2019 which too, admittedly, due to mistake of OP Nigam and because of this, complainant has knock the door of this Commission and pursue this matter for a period of about five years. Such, act and conduct of OPs have harassed the complainant mentally & physically and has to suffer financial hardship. Accordingly, the complainant is entitled to compensation for harassment from OPs besides litigation expenses.  As such, the complaint is partly allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To pay a sum of Rs.10,000/- (Ten thousand) to the complainant as compensation for harassment.

(iii)     Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                     In case failure, the OPs shall liable to pay simple interest @ 12% per annum on both the aforesaid amounts for the period of default. The aforementioned amount be given to complainant through any mode of payment. However, it is made clear that these amounts shall not be adjusted against electricity bills of complainant. Pending application(s) in this case, if any, also stands disposed of.

                    If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules.  File be consigned to the record room, after due compliance.  

Announced.

Dated:17.05.2024.