Haryana

Bhiwani

CC/829/2019

Munni Devi - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

In Person

30 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

               CONSUMER COMPLAINT NO. :   829 of 2019

                                       DATE OF INSTITUTION            :    11.11.2019

                                                   DATE OF ORDER:           :    30.04.2024

 

Smt. Munni Devi wife of Sh. Rajbir Singh R/o H.No. 285, D.C. Colony, Bhiwani.

 

            ……Complainant.

 

Versus

 

1. SDO, DHBVNL, B-11 Sub Urban No.1, Bhiwani.

 

2. Executive Engineer, Dakshin Haryana Bijli Vitran Nigam Ltd., 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:-         Complainant in person.

                        Sh. Bijender Sheoran, Advocate for OPs.

 

ORDER:

 

Saroj Bala Bohra, Presiding Member.

 

1.                     Brief facts of the present complaint are that on 28.07.2018 electricity meter of complainant was changed having no.5574844252. It is alleged that since the installation of new meter, none from the OPs came to take reading of the meter and bill was being sent without any reading. She has further alleged that message was on mobile phone No.9466881590 that house was closed but since the meter is on the pole then there is no matter whether the house was open or closed. However, despite various requests, the reading was checked and more than 1500 units were found consumed and this bill was paid by complainant. Complainant has alleged that due to accumulation of readings, the electricity consumption rate have increased which has caused huge monetary loss to complainant as well as mental pain and physical harassment. Hence, the present complaint has been preferred seeking direction to Ops to rectify the electricity bill and to pay her compensation to the tune of Rs.40,000/-.

2.                     Reply to the complaint was filed by OPs submitting therein that new meter was installed in the house of complainant and meter reading was recorded as per Nigam’s rule and bill was sent on average basis and no extra charges were imposed in the bill. It is further state that no higher slab was imposed in the bill. As such, there is no deficiency in service and prayed for dismissal of complaint with costs.

3.                     In evidence of complainant, documents Annexure C-1 to Annexure C-7 were tendered and then closed the evidence.

4.                     On the other side, no evidence was produced on behalf of OPs, as such, it was closed by Court vide order dated 30.01.2024.

5.                     We have heard learned counsel for OPs and the complainant, also perused the record on case file.

6.                     Admittedly, after installation of new electricity meter of complainant, bill(s) have been sent by the OPs on average basis.  Perusal of bills Annexure C-1 to C-7 corroborates the version of complaint qua sending of bills on average basis or without actual meter reading basis.  On the contrary, to rebut the contentions of complainant, no documentary evidence was placed on file by OPs.  However, at the stage of arguments, complainant has only stressed upon harassment caused to her and to compensation on this account. After hearing both the sides and going through the record, we have come to the conclusion that OPs are deficient and negligent in providing proper service to complainant. Had the OPs redressed the grievance of complainant before knocking the doors of this Commission, she must not have dragged into this unwarranted litigation. Such, act and conduct of OPs have harassed the complainant mentally & physically and has to suffer financial hardship. Accordingly, the complaint is 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:-

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

                         The aforementioned amount shall be paid to the complainant in cash and not to be adjusted towards any electricity bills. In case of default, the awarded amounts shall attract simple interest @ 12% per annum for the defaulted period. 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:30.04.2024.