Haryana

Charkhi Dadri

CC/125/2023

Raj Singh Sangwan - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

Sh. Ajay Chhikara

04 Dec 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

                         

                                                          Complaint No.: 125 of 2023.

                                                         Date of Institution: 18.09.2023.

                                                          Date of Decision: 04.12.2024

Raj Singh Sangwan son of Sh. Partap Singh, resident of Ward No.16, Charkhi Dadri, Tehsil & District Charkhi Dadri

                   ….Complainant.

                   Versus

1. Managing Director, DHBVNL, Vidhut Nagar, Hissar, Tehsil & District Hisar.
2. XEN Opp. DHBVNL, Near Railway Station, Charkhi Dadri, Tehsil & District Charkhi Dadri (HR).
3. SDO, Opp. Sub Division DHBVNL, Near Railway Station, Charkhi Dadri, Tehsil & District Charkhi Dadri (HR).

                   …...Respondents.

          COMPLAINT UNDER  THE CONSUMER PROTECTION ACT.

 

Sitting: -      Shri Manjit Singh Naryal, President,

                   (Proceeded under Section 64 of the Consumer Protection Act, 2019)

 

Present:        Shri Ajay Chhikara, Advocate for the complainant.  

Shri Rajesh Dhaka, Advocate for the OPs.

 

ORDER

1. The case of the complainant in brief, is that he is having an electricity connection bearing account No.NDS 8713916073, so he is consumer qua respondent.  It is further alleged that during the COVID 19 time OPs have started sending the bills on average basis without taking actual readings of meter. The bill details are as under:-

Bill issuing Date	Old Units	New Units	Consumed Units	Billed Units
17/12/2021	11503.4			2150
20/01/2022	00			850
17/02/2022	00			700
20/03/2022	00			775
20/04/2022	00			775
07/05/2022	00	12736	12736	425
12/07/2022	12736	00	00	1650
09/10/2022	00	5842	5842	2225
5/11/2022	5842	6714.8	872.8	682.94
8/12/2022	6714.8	7027	312.2	834.71
9/1/2023	7027	7246	219	809.41
5/2/2023	7246	10371.6	3125.6	675
11/03/2023	10371.6	00	00	850
9/7/2023	00	4228.5	4228.5	4228.5
5/8/2023	4228.5			675
7/9/2023	6220			825

It is averred that OPs have issued a bill for Rs.1,08,670/- and he had made the part payment of a sum of Rs.50,000/- vide receipt No.871391618357 subject to correct the bill amount and moved an application vide diary no. 659 dt. 19.07.2023. It is averred that meter reader not used to take the reading of the meter properly and correctly and bills have been issued wrongly due to fault of the OPs. The complainant further alleged that he visited the office of respondents several times and requested to change the meter and to rectify the bills and are liable to be waive off all surcharge and penalty amount but they did not pay any heed. Hence, it amounts to deficiency in service on the part of respondents and as such, he has to file the present complaint.

2.       OPs on appearance filed the contested written statement and took preliminary objections qua maintainability; locus-standi; cause of action; suppression of true and material facts and no deficiency etc. The true facts are that OP no.3 issued correct bill. The electric meter of the complainant was replaced four times. First on dated 23.12.2022 the electric meter was changed due to the reason that “Reading not visible”, second time the electric meter was changed on 26.05.2022 due to block burnt, third time the electric meter was changed on 13.07.2022 due to the reason that reading not visible/readable and last fourth time the electric meter was changed on 04.05.2023 due to dead stop. The complainant has not deposited the bill amount of Rs.2,24,069/- and only part payment of Rs.50,000/- deposited. The request of the complainant was every time attended timely and properly. Hence, there is no deficiency in service on the part of the OPs and the complaint of the complainant is liable to be dismissed with costs.

3.                 The counsel for the complainant has tendered affidavit Ex.CW-1/A and documents Ex.C1 to Ex.C6 and closed the evidence on 11.10.2024.

4.                The counsel for the OPs has tendered affidavit Ex.DW-1/A and document Ex.D1 and closed the evidence on 28.11.2024.

5.                I have heard the learned counsel for the parties and perused the documents/evidence adduced by both the parties and having gone through the material available on record, I am of the considered view that the complaint of the complainant deserves acceptance as there is deficiency in service on the part of OPs. 

6.                Both the learned counsel for the parties reiterated the contents of the complaint as well as reply respectively. It was not disputed that the complainant was consumer of the OPs. The only issue raised by the complainant that the bills were issued for the defaulted meters for which he has made complaints four times to the OPs. But the OPs deliberately installed the defaulted meters just to harass the complainant. The OPs also not checked meter properly and sent the average bills sometimes. The counsel for the complainant submitted that after receiving the first electricity bill in the month of May 2022 for the amount of Rs.43339/- (Annexure C6), complainant requested OPs for rectification in the above noted bill then the complainant was asked to fill a form. After filing the said form when the next bill was received, complainant found that no any correction was made in the billed units and the bill was prepared on average basis. It is further submitted that in the meanwhile, when the complainant checked his account online he found that the bills were generated since 27.08.2021 and units mentioned in the bill are 11503.4 (Ex.C1) while the meter was installed in the month of April 2022. After filing complaint, no satisfactory action was taken and a new bill of amount Rs.88,407/- was issued. Counsel further argued that when complainant went to the  OPs  again to rectify the wrong bill sent by the OPs, the OPs disconnected  the electricity supply for the premises and forcefully pressurized to deposit a sum of minimum Rs.50,000/- to reinstall the electricity connection and also said if he would pay the said amount his bill would be rectify. The complainant paid Rs.50,000/- through receipt No.871391618357 dt.23.12.2022 but no action was taken to rectify the bills. After several complaints the OPs change the meter number 66045906 in place of 66080141 in the month of March 2023 to hide the irregularities and deficiency in service of the department. After filing a complaint before the District Consumer Disputes Redressal Commission at Charkhi Dadri, OPs again replace the new meter having serial number 66045906 with the same old meter having number 66080141. All the electricity bills prepared/generated willful negligence by the Ops from 27.08.2021 to till date are mostly on average basis without noticing  the actual consumed readings. On 09.11.2024, the OPs again disconnect the electricity supply and threatened if complainant would not pay a sum of Rs.1,00,000/- the connection would not be installed again. Under the pressure of the OPs, the complainant paid the demanded amount on 11.11.2024 to restore the connection. On the other hand, learned counsel for the OPs contended that  the bill of complainant was issued from 27.8.2021 to till update on consumption base without any fault but  defendant did not make payment of billed amount time to time from 27.08.2021 and Rs. 2,84,385/- is outstanding towards complainant.  Copy of Ledger is attached as Ex.D1, complainant is not depositing the billed amount regularly after filing present complaint, it is illegal act on the part of complainant, and thereby his supply is deemed to be disconnected as per law.

7.                This Commission has observed after hearing the rival contentions of both the parties and perusing the entire record as well as discussed above that the ledger (Ex.D1) shows that there are so many irregularities while preparing the bills of complainant’s account. After paying a huge sum of Rs.1,50,000/- and found the OPs are adamant to impose an amount of Rs.2,84,385/- by leveling illegal surcharges as CURR-SOP-SEG, CURR-FSA, CURR-ED, CURR-MTAX, PROPOSED LPSA, INTEREST etc. As such, the OPs are found deficient and negligent in providing a qualifying service to the complainant which caused mental and physical agony to the complainant.  Hence, the complaint of the complainant is accepted & allowed with costs and the OPs are directed: - 

1. Not to recover the disputed bill amount from the complainant and to overhaul the meter account of the complainant on actual reading without any surcharge or penalties.
2. To pay Rs. 10,000/- (Rs. Ten Thousand only) for mental and physical harassment as well as litigation charges.

                   The above order be complied within 45 days from the date of this order, failing which the interest @9% per annum shall be paid by the OPs for the delayed period till actual realization.   

8.                If the order of this Commission is not complied with, then the complainant shall be entitled to file execution petition under Section 71 of Consumer Protection Act, 2019 and in that eventuality, the defaulting party will be liable for prosecution under Section 72 of the said Act which provides punishment of imprisonment for a term which shall not less than one month, but which may extend to three years or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to Rs. one lac or with both. Copies of this order be sent to the parties free of costs as per rules and this order be promptly uploaded on the website of this Commission. File be consigned to the record room after due compliance.