DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NARNAUL
CONSUMER COMPLAINT NO.118 of 2014
DATE OF INSTITUTION:- 28.08.2014
DATE OF ORDER:- 13.01.2015
Man Singh son of Shri Neki Ram, Resident of Nangal Chaudhary, Tehsil Narnaul, District Mahendergarh
……………COMPLAINANT
VERSUS
- Dakshini Haryana Bijli Vitran Nigam Ltd. through D.G.M., Operation, D.H.B.V.N., Narnaul
- A.G.M., Sub Urban Sub Division, D.H.B.V.N. Ltd. Nangal Chaudhary, Tehsil Narnaul, District Mahendergarh
………….. OPPOSITE PARTIES
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE :- Rajesh Jindal, President
Smt. Usha Yadav, Member
L.K. Nandwani, Member
Present:- Shri Sumit Chaudhary, Advocate for the complainant.
Shri V. P. Singh, Advocate for the opposite parties
ORDER:-
Rajesh Jindal, President:
According to the complaint, brief facts are that the complainant is having an electricity connection No.0014NC81 Account No. NN21-0705 from the opposite parties. The complainant has alleged that the opposite parties have wrongly and illegally issued the bills to him on average basis of 320 units by adding the fuel surcharge and E.D. The opposite parties have shown the old and new readings as same in the bills. The complainant moved an application with the opposite parties to rectify the bills, whereupon the S.D.O., DHBVNL, Nangal Chaudhary sought the report from the concerned official, who vide his report shown the electricity meter of the complainant as O.K. and in working condition. The opposite parties got deposited Rs.10,000/- on 0.7.12.2013 from the complainant. The complainant requested the opposite parties several times to rectify the bill No. 173 for the month of June 2014, bill No.4966 for the month of July 2014, bill No.3855 for the month of August 2014 and preceding bills issued on average basis , but to no effect. The complainant has prayed that the opposite parties be directed to refund the amount got deposited in excess from him, besides claiming compensation of Rs.50,000/- for mental agony and harassment.
2. The opposite parties filed joint reply stating, inter-alia, therein that on the application of the complainant, his electricity meter was checked by the concerned J.E., who found the same as O.K. The opposite parties have averred that as per readings the account of the complainant was over-hauled for the months from 5/13 to 4/14 vide sundry No.60/7/4 dated 18.09.2014 and an amount of Rs.22896/- was adjusted in his account. Thereafter, in the month of 9/14 N Code of the premises of the complainant was shown for the period from 5/14 to 9/14 and an amount of Rs.6854/- was deducted from his account. Bills for the months of 9/14 and 10/14 were rectified and an amount of Rs.3343/- was deducted from the account of the complainant. Therefore, the account of the complainant was over hauled upto the month of 10/2014. The opposite parties have averred that there is no dispute between the complainant and the opposite parties and as such the complaint becomes infructuous. In the end, it is prayed that the complaint be dismissed.
3. In order to make out his case, the complainant has placed on record his own supporting affidavit Annexure C-1, copies of bills Annexures C-2, C-5, C-6, C-7, C-9, C-10, copy of application dated 27.03.2014 Annexure C-3, copy of application dated 16.01.2014 Annexure C-4 and copy of application dated 11.09.2014 Annexure C-8.
4. In reply thereto, the opposite parties have placed on record supporting affidavit of its AGM Mr. Hanuman Dutt Sharma Annexure R-1 and copy of Ledger Annexure R-2.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned counsel for the complainant submitted that the account of the complainant has been rectified by the opposite parties, but the opposite parties are liable to pay litigation expenses to the complainant.
7. Learned counsel for the opposite parties submitted that the account of the complainant has been over hauled vide sundry dated 18.09.2014 Annexure R-2 and the grievance of the complainant has been redressed by the opposite parties and now the complaint of the complainant has become infructuous.
8. Admittedly, the relief claimed by the complainant has been granted by the opposite parties. Learned counsel for the complainant vehemently stressed for payment of litigation cost for mental agony and harassment of the complainant. Learned counsel for the complainant argued that the complainant has to file this complaint due to the wrongful act of the opposite parties and has suffered harassment by the opposite parties without any fault of his own. Keeping in view the facts and circumstances of the case, we are of the view that the complainant is entitled for cost, which is quantified at Rs.1500/-. Accordingly, we award cost of Rs.1500/- to the complainant against the opposite parties. The opposite parties are directed to adjust the said amount of cost in future bills of the complainant.
Announced:-
13.01.2015
(Smt. Usha Yadav) (L. K. Nandwani) (Rajesh Jindal)
Member Member President,
District Consumer Disputes
Redressal Forum, Narnaul
