Haryana

Bhiwani

CC/4/2022

Neelam - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

Ram Mehta

23 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

         CONSUMER COMPLAINT NO. :   04 of 2022

                             DATE OF INSTITUTION            :    24.10.2016

                                       DATE OF ORDER:                    :   23.04.2024

 

Neelam wife of Sh. Karan Singh R/o village Bidhwan, Tehsil Siwani, District Bhiwani.

 

          ……Complainant.

 

Versus

 

1. SDO, DHBVN, Sub Division Siwani, Tehsil Siwani, District Bhiwani.

 

2. Executive Engineer-cum-Deputy General Manager, DHBVN Sub Urban Division, Bhiwani.

 

3. S.E., Op. Circle DHBVN, Bhiwani.

 

4. M.D. DHBVN Vidyut Nagar, Hisar, District Hisar.

 

….. 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. Ram Mehta, Advocate for complainant.

                    Sh. Rishipal Parmar, Advocate for OPs.

 

ORDER:

 

Ms. Shashi Kiran Panwar, Member.

 

1.                 Brief facts of the present complaint are that complainant is having an electricity account no.3713451000 and the bills thereof are being paid by her. It is stated that bill dated 10.12.2021 for the period from 14.10.2021 to 10.12.2021 was sent by Ops to the tune of Rs.61,038/- whereas the last bill paid by the complainant on 16.08.2021 was for Rs.233/- thus complainant has submitted that the bill was wrong and arbitrary by OPs. Complainant has submitted that the alleged bill was sent by Ops without actual consumption. But despite approaching the Ops as well as despite making complaint on C.M. Window, all went in vain.  Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of Ops resulting into mental pains and physical harassment besides monetary loss. In the end, prayer has been made to issue directions against the OPs to correct the electricity bill dated 10.12.2021, to pay Rs.50,000/- towards compensation for harassment and Rs.22,000/- as litigation expenses. 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, locus standi and suppression of material facts. The Ops have submitted that account of consumer was became nil on 20.01.2019 under surcharge waive off scheme after that from 20.03.2019  to 22.09.2021, the account of consumer of 917 days was overhauled as per recording previous reading 4170 and reading noted on 22.09.2021 was 15926, difference of which comes to 11756 units have been charged bifurcating the units in 917 days and generated the bill on the basis of  different slab after adjusting the paid amount during this period Rs.4146.64p. and issued bill of Rs.56,733/- is per consumer units to which the consumer is liable to pay.  OPs have submitted that the complainant can pay the disputed bill in part payments. It is stated that the bill dated 16.08.2021 was issued not on actual consumption basis. As such, the Ops denied for any deficiency in service on their part and prayed for dismissal of the complaint.

3.                 In evidence of complainant, his affidavit Ex.CW1/A alongwith documents Ex.C-1 to Ex.C-22 were filed and then closed the evidence.

4.                 On the other side, affidavit of Sh. Ram Niwas, Dealing person of OP was filed as Ex. RW1/A alongwith documents Ex.D-1 to Ex.D-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.                 From pleadings of OPs, it is derived that before the disputed bill dated 23.09.2021 (Ex. C6/A), complainant was paying bills of electricity regularly. After overhauling the electricity account of complainant, the disputed bill amount of Rs.56,733/- became due towards the complainant. It is also averred by OPs that bill dated 16.08.2021 sent by them to complainant was not on actual consumption basis. Thus learned counsel for complainant has argued that the disputed bill has been sent by Ops wrongly and arbitrarily which is liable to be set aside and they should be burdened with compensation for harassment and other expenses.

7.                 Perusal of bills sent by OPs to complainant prior to the disputed bill, for the period from 05.03.2021 to 11.04.2021 was for Rs.161/- (Ex. C-3) for 46 units, 11.04.2021 to 10.06.2021 for Rs.266/- (Ex. C-4), 10.06.2021 to 07.08.2021 for Rs.233/- (Ex. C-5) for 73 units were much lesser than the disputed bill. Perusal of payment receipts of electricity bills from Ex. C-13 to Ex. C-21 reveal that complainant was regularly paying the bill of electricity and that were less than Rs.500/- per bill. Thus it is observed that the disputed bill was sent by OPs on higher side.

8.                 After hearing learned counsels for the parties and going through the record, we have come to conclusion that the OPs have sent bills to the complainant without actual meter reading basis rather it was on arbitrary manner which amounts to gross negligence and deficiency in service on their part. OPs in support of their pleadings has submitted some details pertaining to the electricity account of complainant ( Ex.D-2) but the same is not covered with any laboratory or any other authentic report qua overhauling the electricity meter of complainant thus the said calculation is not appealing the case of Ops.  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:-

(i)       To rectify the disputed bill and send a modified bill to the complainant on actual consumption on the basis of six bills prior to disputed bill, without levying any surcharge(s). The amount(s), if any, deposited by the complainant after the disputed bill be adjusted against her electricity account.

(ii)      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.

                     The amounts mentioned in para (ii) & (iii) shall be paid to the complainant in cash and not to be adjusted towards the electricity bills. In case of default, the awarded amounts shall attract simple interest @ 9% per annum for the defaulted period. Pending application 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:23.04.2024.