Haryana

Fatehabad

CC/301/2019

Sharda Devi - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

R.K Panwar

21 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,FATEHABAD.

                                                           Complaint No.:301 of 2019.

                                                           Date of Instt.: 08.08.2019.

                                                           Date of Decision: 21.12.2023.

 

Smt.Sharda Devi wife of Rajbir Singh resident of village Bhirdana Tehsil & District Fatehabad.

 

                                                                             …Complainant.

                             Versus

 

1. Dakshin Haryana Bijli Vitran Nigam, Fatehabad District Fatehabad  through Executive Engineer, Operation Divison.
2. Sub Divisional Officer, Operation Sub-Division (Sub Urban) Dakshin Haryana Bijli Vitran Nigam, Fatehabad Tehsil & District Fatehabad.

 

                                                                             …Opposite parties.

 

             Complaint U/s 12 of the Consumer Protection Act, 1986

 

BEFORE:             Sh.Rajbir Singh, President.

                             Smt. Harisha Mehta, Presiding Member.

                            

Argued by:            Sh.Raj Kumar Panwar, Adv. for the complainant.

                             Sh.Kuldeep Sharma, Adv. for the Ops.

 

ORDER:

Sh.RAJBIR SINGH, PRESIDENT

                            

1.                          The complainant has filed this complaint against the    OPs with the averments that she is a consumer of the Ops having a domestic electric connection bearing BBID-2714-A installed at village Bhirdana; that she has been making the payment of electricity bills regularly and there is nothing due against her; that the Ops have sent a bill of Rs.15087/- on 08.01.2019  and in the said bill old reading has been shown as 22 and new reading has been shown as 4789 and further in the said bill Rs.14694/- has been shown as average adjustment; that after receiving of the bill, the complainant moved an application requesting the Ops to correct the same but all in vain. The act and conduct of the Ops clearly amounts to deficiency in service on their part. Hence, this complaint. In evidence the complainant has tendered her affidavit Ex.C1 alongwith document Annexure C1.

2.                          The OPs appeared and filed their joint reply contesting the complaint of the complainant on various grounds. It has been submitted that the complainant has not come to the court with clean hands and she has neither locus standi nor cause of action to file the present complaint, therefore, the present complaint is not maintainable; that bill for a sum of Rs.15087/- has been rightly sent to the complainant as per consumed units of 4767 by following the rules and regulations of the Nigam, therefore, the complainant is liable to make the payment thereof. Other pleas made in the complaint by the complainant have been controverted and prayer for dismissal of the complaint has been made. In evidence, the Ops have tendered affidavit of Sh.Rajesh Kumar as Annexure Ex.RW1/A with document Annexure R1.

3.                          Heard. We have examined the pleadings and documents of the parties very carefully. There is no dispute between the parties that there was an electric connection bearing account No.BBID-2741-A in the name of complainant and the connection was released for domestic purpose.  The complainant has come with the plea that the Ops Ops have sent a bill of Rs.15087/- on 08.01.2019  and in the said bill old reading has been shown as 22 and new reading has been shown as 4789 and further in the said bill Rs.14694/- has been shown as average adjustment and did not correct the same despite moving an application by her. On the other hand, it has been argued by learned counsel for the Ops that the bill to the tune of Rs.15087/-was sent for actual consumed units of 4767 and in support of his arguments he drew the attention of this Commission towards, copy of meter, Annexure R1

4.                          Learned counsel for the stressed hard that the bill Annexure C1 was sent to the complainant as per consumed units and in order to corroborate his stand has shown the Annexure R1.  The document which is being relied upon by learned counsel for the Ops is not visible and does not show how units have been recorded in the meter of the complainant; therefore, we have no hitch to reach at the conclusion that this document is not helpful to the case of the Ops.  The complainant has specifically pleaded in her complaint that the consumed units were 22 and in the bill dated 08.01.2019, the average adjustment to the tune of Rs.14694/- has been shown wrongly and illegally.  The Ops have no led any evidence to prove the fact that as to on what basis the average adjustment for a sum of Rs.14694/- has been made/shown in Annexure C1. The act and conduct of the Ops is quite depreciable as without taking care the consumers’ welfare, being government institute, it continued the practice of issuing bills by wrong calculation, therefore, we have no hitch to reach at the conclusion that the Ops are involved in unfair trade practice as mentioned in Consumer Protection Act,  due to which a poor lady has not only suffered mental agony, harassment but also involved in unnecessary litigation which could have been avoided if the Ops have acted properly and as per rules and regulations being a government institute but it appears that the OPs have taken the matter in a casual manner without taking-care the interest of the consumer and such like behavior from government institute is not acceptable, therefore, the present complaint deserves acceptance.

5.                          Keeping in view the above facts and circumstances it is clear that the complainant has proved her case by leading cogent and reliable evidence and the Ops are found deficient in providing services to her besides involving in unfair trade practice.  Hence, we allow the present complaint and declare the electricity bill Annexure C1 to be illegal and null & void. In the interest of justice the OPs are directed to overhaul the account of the complainant by charging the amount for the units consumed in the bill Annexure C1 by issuing new bill as per actual consumed units.  The Ops are further directed to a sum of Rs.11,000/- (Rs.Eleven Thousand) to the complainant towards compensation for harassment and mental agony etc. suffered by the complainant as well as for litigation expenses. The order be complied within a period of 45 days from today, failing which the awarded amount i.e. Rs.11,000/- would carry simple interest @ 9 % per annum from the date of this order till actual payment.  Application, if any, pending on the case file, needs not to be dealt with further and same is hereby disposed of with this order.

6.                          In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be 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 one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. This order be also uploaded forthwith on website of this Commission, as per rules, for perusal of parties herein. File be consigned to the record room after due compliance.     

Announced in open Commission.                                                            Dated: 21.12.2023

 

                                                                                                        

                                          (Harisha Mehta)         (Rajbir Singh)                                                                    Member                                 President