Haryana

Bhiwani

CC/248/2021

Rattan - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

M.P Tanwar

20 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

         CONSUMER COMPLAINT NO. :   248 of 2021

                             DATE OF INSTITUTION            :    17.12.2021

                                       DATE OF ORDER:                    :   20.08.2024

 

Rattan Singh son of Sh. Ranjit Singh R/o village Mandhana, Tehsi & District Bhiwani at present residing at Bharat Nagar, Gujro Wala Chowk, Bhiwani, Tehsil and District Bhiwani.  

 

          ……Complainant.

 

Versus

 

1. Dakshin Haryana Bijli Vitran Nigam, through its Managing Director having its Head Office at Vidyut Nagar, Hisar.

 

2. Dakshin Haryana Bijli Vitran Nigam, through its XEN ‘OP’ City, Bhiwani, District Bhiwani.

 

3. Dakshin Haryana Bijli Vitran Nigam, through its S.D.O. Op. Bawani Khera Sub/Urban DHBVN Bawani Khera District 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. Madan Pal Saini, Adv. for complainant.

                    Sh. Mukesh Tanwar, Adv. for OPs.

 

ORDER:

 

Saroj Bala Bohra, Presiding Member.

1.                 Brief facts of the present complaint are that complainant is having a domestic electricity connection in his ancestral house at village Mandhana bearing old account no.B-15 MDIDO596 and new Account No.5387051000 and was paying its bills regularly. It is stated that since complainant has started residing at Bhiwani City since 2018, the house was closed. Complainant has alleged that due to change of the meter, he could not deposit the electricity bill dated 03.06.2021 because the new electricity meter which was installed by the OPs was showing 450 units at the time of installation however, in the year 2020 there was an old reading showing 450  and new reading showing 5005 for the consumption period of 299 days and thus the reading taken by the Meter Reader on 24.06.2020, 29.06.2020 for Rs.2728/- and new reading on 24.04.2021 are totally wrong, against law and facts and these are not binding upon the rights of complainant. However, complainant deposited the said bill amount on 08.08.2020 as online. He also paid bill amount of Rs.957 on 03.11.2020 but due to negligence of OPs, both the said bills have not been credited and thereafter they sent inflated bill for 299 days showing consumption units 4555 having amount Rs.24,822/-. Thereafter, bill dated 21.06.2021 was sent by OP showing old unit 5005 and new consumed unit 5113 unit i.e. 108 unit which related to 58 days was correct but the alleged arrears of electricity amount to the tune of Rs.22,463/- payable on due date and thereafter Rs.23,634/- in case of delayed payment is totally wrong and principal of natural justice. So the matter was brought into notice of administration through CM Window as well as legal notice  dated 18.10.2021 was also sent to the OPs but of no avail. Hence, the present complaint has been preferred by complainant alleging deficiency in service  resulting into monetary loss as well as mental and physical harassment. In the end, prayer has been made to direct the OPs to rectify the wrong electricity bill showing consumption units 4555 and arrears of alleged bill of Rs.24,822/- for 299 days  and not to disconnect electricity supply to his connection. Further not to lodge any FIR against the complainant. Rs.1.00 lac has also been sought as compensation for harassment besides legal fee of Rs.20,000/-. 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 maintainability of complaint, deficiency in service, locus standi and suppression of material facts etc.. On merits, it is submitted that as per records, the last bill paid by complainant was on 03.11.2020 for Rs.957/-. The total due bill against the complainant as on 20.02.2023 was Rs.41,571/-. It is admitted that the old meters were replaced with new one but the bills are correctly issued as per consumption and no excess amount has been charged by OPs. Hence, there is no deficiency in service on the part of Ops and prayed for dismissal of the complaint with costs.

3.                 In evidence of complainant, his affidavit Ex.CW1/A alongwith documents Ex.C-1 to Ex.C-18 were filed and then closed the evidence.

4.                 On the other side, documents Ex.R-1 to Ex.R-18 were tendered in evidence and closed the evidence.

5.                 We have heard learned counsel for the parties and perused the record carefully.

6.                 At the outset, the dispute arose to complainant when he received bill dated 24.04.2021 from OP for Rs.22,463/- (Ex. R-2) wherein energy charges have been show as Rs.21,969/-. Since, the complainant has disputed the bill, so he moved complaints to OPs Ex. C-9 & Ex. C-10. Thereafter, he also made an application dated 02.06.2021 (Ex. C-11) for lab testing of the electricity meter and paid fee Rs.100/- (Ex. C-12). Prior to the disputed bill, there was bill dated 23.02.2021 (Ex. R-1) was for Rs.929/-. Further, the bill dated 01.11.2020 (Ex. R-17) was also for Rs.957. Perusal of previous consumption and bills thereof, reveals that complainant was regularly paying the bill of electricity and that were about Rs.1000/- per bill. Thus it is observed that the disputed bill was sent by OPs on higher side and no explanation was given by OPs in this regard. Further, no report of laboratory has been placed on record by OPs despite making application and paying fee by complainant for testing of the meter from laboratory.

7.                 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. Had the OPs redressed the grievance of complainant before knocking the doors of this Commission, he 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 revised 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 his electricity account.

(ii)      To pay a sum of Rs.15,000/- (Fifteen 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 parties 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:20.08.2024.