BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.: 166 of 2015.
Date of Institution: 08.06.2015.
Date of Decision: 06.05.2019.
Sanjay Sheoran, Advocate District Bar Association, Bhiwani Chamber No. 272, District Courts, Bhiwani, Tehsil & District Bhiwani.
….Complainant.
Versus
- Managing Director, DHBVNL, Vidhyut Nagar, Hisar.
- Deputy G. M. (Executive Engineer), DHBVNL, City Division, Bhiwani.
- S.D.O., DHBVNL, Sub Urban, Sub Divn. No. 1, Bhiwani.
…...Opposite Parties.
COMPLAINT UNDER SECTIONS 12 AND 13 OF
THE CONSUMER PROTECTION ACT, 1986.
Before: - Hon’ble Mr. Manjit Singh Naryal, President.
Hon’ble Mr. Parmod Kumar, Member.
Hon’ble Mrs. Saroj Bala Bohra, Member.
Present: Shri Satender Ghanghas, Advocate for the complainant.
OPs already exparte.
ORDER:-
PER MANJIT SINGH NARYAL, PRESIDENT
The case of the complainant in brief, is that he is having an electricity connection No. VI21-3947 in his name in his chamber and thus he is the consumer of the OPs and paying the electricity bills regularly. It is alleged that the office of the OPs situates at Bhiwani under the jurisdiction of Bhiwani District, hence, District Forum, Bhiwani is having jurisdiction to try, entertain & decide the complaint. It is further alleged that the dispute started when the OPs have started issuing bills on average basis for 240 units per month, whereas consumption of complainant was very low, as there is only one tube light, one CFL and one fan installed in his chamber. It is further alleged that the bills issued for 240 units per month on average basis were wrong, illegal and liable to be corrected. It is further alleged that the OPs were requested many times orally as well as in writing, but to no effect. It is further alleged that the OPs kept on issuing bills as per their own wishes on average basis. It is further alleged that the consumption of electricity is very low in comparison with bills issued by the OPs and due to this reason he was unable in paying the bills. It is further alleged that the OPs have issued a bill dated 21.4.2013 for an amount of Rs. 19,589/-, which is wrong and illegal and liable to be set aside. It is further alleged that the complainant met with OP no. 3 and requested him to correct his bill dated 21.4.2013, but instead of correcting wrong bills the OPs have disconnected the electricity supply of the chamber of complainant in the month of June, 2013. It is further alleged that the OPs have issued bill dated 21.4.2013 for an amount of Rs. 19,589/-, showing old units as 395 and new units as 528, which is also wrong and illegal, as the same was not issued by the OPs as per the actual consumption shown by the meter of the complainant. It is further alleged that only 528 units were consumed by the complainant as per the reading shown by the meter and OPs have issued bills on average basis for 240 units per month, which is wrong. It is further alleged that the OPs cannot charge the bill more than the consumption shown by the meter. It is further alleged that the complainant met OP no. 3 again and requested for overhauling his account on actual consumption basis, but to no effect. It is further alleged that the OPs issued the bills on NDS tariff, which is also wrong, as the complainant is not producing anything from the electricity supply and the same was being used only for running one fan, one tube light and one CFL and there is no NDS use of electricity. It is further alleged that issuing of bills on NDS tariff basis is illegal and bills should be issued on DS tariff basis. It is further alleged that the OPs intentionally and deliberately not overhaul the account of the complainant as per actual consumption basis & by charging DS tariff despite several requests written as well as oral. Hence, it amounts to deficiency & negligence in service on the part of OPs and as such, he has to file the present complaint.
2. On notice, no one appeared on behalf of OPs No. 2 & 3 and they were proceeded as exparte vide order dated 11.8.2015. Notice issued to OP No. 1 through registered post not received back either served or un-served and the OP No. 1 was also proceeded as exparte vide order dated 28.10.2015. But on 11.2.2016, Shri CPS Chauhan, Advocate appeared on behalf of the OPs and moved an application for setting aside exparte order dated 28.10.2015, but the application has been dismissed by this Forum vide order dated 22.4.2019.
3. The complainant placed on record duly sworn affidavit as Annexure CW1/A and the documents Annexure C1 to Annexure C15 in evidence to prove his case and closed the evidence.
4. We have heard ld. counsel for the complainant at length and have gone through the case file carefully.
5. Ld. Counsel for the complainant reiterated the contents of the complaint. Ld. Counsel for the complainant has contended that this Forum vide its order dated 8.6.2015 directed the OPs to restore electricity connection of the complainant subject to payment of 50% amount of bill dated 21.4.2013. He further contended that complainant has deposited 50% amount i.e. Rs. 9795/- vide receipt Book No.000695 dated 3.8.2015 of bill dated 21.4.2013, but the OPs have not restore the electricity connection till date. He further contended that non-compliance of the order of the Forum amounts to contempt of court. He further contended that there is clear cut deficiency in service on the part of OPs and prayed for allowing the complaint with costs.
6.
After hearing the learned counsel for the complainant and having gone through the material available on the records, we are of the considered view that the complaint deserves acceptance, as there is deficiency & unfair trade practice on the part of the OPs. The plea taken by the complainant is that the OPs have issued the bills on average basis. The complainant has successfully proved his case by placing on record his duly sworn affidavit Annexure CW1/A, copies of bills Annexure C1 to C4, copies of applications written to OPs Annexure C4 to C13, Copy of application dated 3.8.2015 Annexure C14 and copy of receipt of 50% payment Annexure C15. The OPs have even failed to appear before this Forum to contest the complaint filed by complainant despite service of summons. It appears that the OPs have nothing to say in this case to controvert the stand taken by complainant. Thus, case of the complainant remained unchallenged & un-rebutted. From the perusal of the bills annexure C2 and C3, it is clear that the same were issued on average basis showing consumed units zero. Hence, issuance of bills on average basis by OPs without any fault on the part of complainant just to harass him for the reasons best known to them amounts to gross deficiency in service on their part. Moreover, it is also proved on record that the OPs have failed in restoring his electricity connection despite issuance of direction by this Forum, which shows the deficient & negligent conduct of the OPs. Furthermore, the OPs are Govt. department, but they did not bother to appear before this Forum to defend their case, which itself shows the malafide intentions and rude behavior of the officials/officers of the OPs department. The complainant has also suffered the professional loss, loss of reputation and has also failed to perform his duty properly towards his poor litigants merely due to the gross negligence on the part of the OPs.
7. Moreover, the OPs with malafide intention does not comply with order dated 8.6.2015 of this Forum and harassed the complainant without any reason for the last more than four years. The electricity is the basic need of the today’s life and the OPs with malafide intention deprived off the complainant from enjoying defect free electricity service. So in our view, complainant is also entitled for compensation on account of mental and physical harassment & punitive damages for deficiency in service & mal trade practice on the part of the OPs. Therefore, in view of the circumstances mentioned above, complaint of the complainant is partly allowed and the bills issued on average basis are hereby set aside. The OPs are further directed: -
i. To restore the electricity connection of complainant with immediate effect.
ii. To overhaul the account of the complainant on actual meter reading basis without charging any surcharge & penalty and to adjust the excess amount paid by the complainant.
iii. To pay Rs. 10,000/- (Ten thousand only) as compensation on account of mental agony & hardship, due to deficiency in service on the part of OPs.
iv. To pay Rs.5000/- (Five thousand only) as litigation charges.
The compliance of the order shall be made within 30 days from the date of the order. In case of default, the OPs shall liable to pay interest @ 12% p.a. on total amount as directed above vide clause No. iii to iv from the date of default i.e. after 30 days from the date of this order i.e. 01.05.2019. Certified copies of the order be sent to parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 06.05.2019.
(Saroj Bala Bohra) (Parmod Kumar) (Manjit Singh Naryal)
Member. Member. President,
District Consumer Disputes
Redressal Forum, Bhiwani
