DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.147 OF 2015.
DATE OF INSTITUTION: 15.05.2015.
DATE OF ORDER: .08.12.2015
Rahul Kumar aged 24 years, son of Shri Kanwar Pal son of Shri Bagh Singh, resident of village Palwas, Tehsil and District Bhiwani.
………Complainant.
Versus
- Managing Director, Dakshin Haryana Bijli Vitran Nigam having its Head office at Vidhut Nagar, Hisar.
- Deputy General Manager/Executive Engineer, Sub Urban Division, DHBVNL, Bhiwani.
- Assistant General Manager/SDO Sub Urban Division No. 2, DHBVNL Bhiwani.
………Opposite Parties.
COMPLAINT U/S 12 & 13 OF THE CONSUMER PROTECTION ACT,
BEFORE: Shri Rajesh Jindal, President,
Shri Balraj Singh, Member,
Smt. Ansuya Bishnoi, Member,
Present: Shri Om Parmar, Advocate for complainant.
Shri R.P Parmar, Advocate for Opposite Parties.
ORDER:-
RAJESH JINDAL, President:
The brief facts of the case are that the complainant’s father having meter no. PLID-0935-A and paid the electricity bill regularly. The complainant alleged that the Ops have wrongly charged Rs. 97140/- issued on 08.04.2015. The complainant alleged that he visited to the office of Ops many times to rectify the bill but to no avail. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of respondents and as such, he has to file the present complaint for seeking compensation.
2. Opposite parties on appearance filed written statement alleging therein that the meter of the complaint was faulty and as such average bill were issued to complainant and on 11.12.2014 premises of complainant was raided and consumer was found stolen electricity and found taking supply direct from IC PVC cut before meter and loss of energy was assessed including compounding Rs. 28235/-. It is submitted that the meter of the consumer was replaced vide MCO No. 83/18 dated 30.01.2013 and after that complainant account was overhaul from August 2012 to April 2015 as per rule and procedure of Nigam and Rs. 81173/- was adjusted vide SC&AR No. 80/523 dated 21.05.2015 and now complainant is only liable to pay Rs. 27187/- which is outstanding arrear upto October 2015. Hence, in view of the circumstances mentioned above, there is no deficiency in service on the part of Ops and the complaint of the complainant is liable to be dismissed against respondents with costs.
3. In order to make out his case, the complainant has placed on Annexure C-1 to Annexure C-4 alongwith supporting affidavit.
4. In reply thereto, the Ops have filed Annexure R-1 to R-4 alongwith supporting affidavit.
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 reiterated the contents of the complaint. He submitted that the Ops have wrongly charged Rs. 97,140/- in the bill issued on 08.04.2015.
7. Learned Counsel for the Ops reiterated the contents of the reply. He submitted that the complainant was found stolen electricity on 11.12.2014 and LL-I dated 11.12.2014 Annexure R-3 was issued by the raiding party. The electricity meter of the complainant was faulty and the same was replaced vide MCO No. 83/18 dated 30.01.2013. The account of the complainant was overhauled from August 2012 to April 2015 and a sum of Rs. 81,173/- was adjusted on 21.05.2015 vide sundry Annexure R-2. The complainant is liable to pay Rs. 27,187/- upto October 2015.
8. In the light of the pleadings and arguments of the parties, we have perused the record. The complainant has not mentioned about the issue of LL-I dated 11.12.2014 Annexure R-3 to him. In view of the law laid down by the Supreme Court of India in case of U.P. Power Corporation Ltd. and ors. versus Anis Ahmad Civil Appeal No. 5466 of 2012 decided on 01.07.2013. The Consumer Fora has no jurisdiction to decide the complaint involving the theft of the electricity. The Ops have at their own have already adjusted Rs. 81,173/- in the account of the complainant as on 21.05.2015 vide sundry Annexure R-2. As such the complainant has been given adequate relief of Rs. 81,173/- by the Ops. Now the Ops are claiming Rs. 27,187/- as arrear of consumption of electricity upto October 2015, which the complainant is liable to pay. Accordingly, the complaint of the complainant is disposed of with the direction that the complainant shall pay Rs. 27,187/- as arrear upto October 2015 to the Ops within 30 days from the date of passing of this order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 08.12.2015. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi), (Balraj Singh),
Member. Member.
