Haryana

Bhiwani

CC/172/2021

NARENDER - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

Raj kumar

16 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

         CONSUMER COMPLAINT NO. :   172 of 2021

                             DATE OF INSTITUTION            :    27.08.2021

                                       DATE OF ORDER:                    :   16.02.2024

 

Narender Kumar Goyal S/o Sh. Roshan Lal R/o H.No.1852, Sector-13, HUDA, Bhiwani, Tehsil and District Bhiwani.

 

          ……Complainant.

 

Versus

 

1. Dakshin Haryana Bijli Vitrran Nigam Limited, Vidyut Nagar, Hisar through its Managing Director.

 

2. The Executive Engineer, ‘OP’ City Division, DHBVNL, District Bhiwani.

 

3. The S.D.O. ‘OP’ Sub Divisional No.1, DHBVN, Bhiwani.

 

….. Opposite Parties

 

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

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Raj Kumar Kaluwas, Advocate for complainant.

                    Sh. Shyam Partap, Advocate for Ops.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that Ops installed an electric connection bearing A/c No.3550801686 at the aforesaid house of complainant. That earlier the Ops issued bills to the complainant on consumption basis. But complainant was shocked to receive bill for the period from 21.11.2020 to 27.01.2021 of 8884 readings for Rs.27,380/- which as per complainant was wrong, illegal and without any basis. So, complainant moved an application for correction in the said bill, upon which, meter was checked by OP No.3 vide complaint no.1271 dated 03.06.2021 and everything was found OK and reading was found as 6884.  However, the Ops against sent bill for Rs.31,502/- for the period from 27.01.2021 to 28.03.2021 by showing reading as 9527. Thereafter, the bill was sent for Rs.41091/- for the period from 02.06.2021 to 05.08.2021. As such, the complainant has submitted that the Ops are deficient in providing proper service to the complainant which has caused mental agony, physical harassment and humiliation to the complainant. Hence, the present complaint has been preferred seeking directions to the complainant to correct the wrong bill on the basis of consumption, not to disconnect the electricity supply to the premises of complainant till decision of this case and to pay Rs.3.00 lac as compensation for harassment. Further to pay Rs.11,000/- as litigation expenses. Any other relief to which this Commission deems fit has also been sought.

2.                 Upon notice, Ops appeared and filed written statement averring that complainant has paid the consumption bills of electricity uptill 19.10.2020 and thereafter, no amount of consumption of electricity has been deposited. The outstanding amount is Rs.31,741.93p. as on 07.06.2021 and the complainant is legally bound to deposit the outstanding amount.  Lastly, the bill was for Rs.41091/- for the period from 02.06.2021 to 05.08.20201. In the end, deficiency in service on their part has been denied and prayed for dismissal of complaint with costs.

3.                 Learned counsel for complainant tendered in evidence, affidavit of complainant as Ex.C1/A alongwith documents C-1 to C-4 and closed the evidence.

4.                 No evidence was produced on behalf of Ops despite availing sufficient opportunities.  Hence, evidence of OPs was closed by Court vide order dated 18.01.2024.

5.                 We have heard learned counsel for the parties and perused the record on case file.

6.                 Learned counsel for complainant has drawn our attention towards a document checking report of the meter dated 04.06.2021 (Annexure C-2) wherein reading has been shown as 6884, M & P Seal: OK and Working of Meter: OK. Learned counsel for complainant has argued that the disputed bill Annexure C-1 pertains to period from 21.11.2020 to 27.01.2021 for consumption of 3458 units (old 5426 & 8884 new) which means that on 04.06.2021 reading in the meter was 6884 then the mentioning of reading as 8884 on the aforesaid period was wrong and illegal and without any basis on the part of OP and prayed for acceptance of the complaint as prayed for.

7.                 On the other hand, learned counsel for OPs has argued that the bills is correct one and complainant is liable to pay the amount demanded vide disputed bills. The counsel has vehemently argued that in the facts & circumstances of this case, complaint may be dismissed with heavy costs.

8.                 After hearing learned counsel for the parties and going through the record, it is observed that on 04.06.2021, meter reading as per checking report (Annexure C-2) was 6884 then send bill for the period from 21.11.2020 to 27.01.2021 for units 8884, as such, there was difference of 2000 units in the disputed bill (Annexure C-1) but such mistake has not been admitted by the OPs in their pleadings or during the course of arguments nor they made any efforts to rectify such negligence. Further, the bills were being sent to the complainant after adding on the previous amounts and lastly sent the bill of Rs.41791/- (Annexure C-4). As such, we are of the view that the OPs have sent bills to the complainant on higher side which was illegal, gross negligence and deficiency in service on their part. Had the OPs redressed the grievance of complainant before knocking the doors of this Commission, he must not have dragged into this unwanted 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:-

(i)       To overhaul the electricity connection of complainant on the basis of six months consumption prior to the disputed bills. The amounts deposited by the complainant after the disputed bills be adjusted against his electricity account.

(ii)      To pay a sum of Rs.20,000/- (Twenty 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.

                                                           

                    The amounts mentioned in para (ii) & (iii) shall be paid to the complainant in cash and not to be adjusted towards the electricity bills.                         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:16.02.2024.