Shyam Lal filed a consumer case on 22 Jul 2016 against DHBVNL in the Jind Consumer Court. The case no is CC/130/2014 and the judgment uploaded on 10 Aug 2016.
BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JIND.
Complaint No. 130 of 2014
Date of Institution: 14.10.2014
Date of final order: 22.7.2016
Shyam Lal son of Sh. Chandan, resident of Arya Up Nagar, Narwana, Tehsil Narwana, District Jind.
….Complainant.
Versus
Sub Divisional Officer Operation (J-31), DHBVNL Narwana, Tehsil Narwana District Jind
…...Opposite party.
Complaint under section 12 of
Consumer Protection Act, 1986.
Before: Sh. Dina Nath Arora, President.
Smt. Bimla Sheokand, Member.
Sh. Mahinder Kumar Khurana, Member.
Present: Sh. Vinod Bansal Adv. for complainant.
Sh. M.L Mittal Adv. for opposite party.
ORDER:
The grievance of the complainant is that he is consumer of having electric connection bearing No. J31MA210931A. The opposite party had issued a bill dated 22.9.2014 amounting to Rs. 74938/- of 7310 units whereas the complainant had deposited all the previous bills in time and no amount is outstanding against him. On enquiry the opposite party told the complainant that from 10/2010 to 6/2014, they
Shyam La v/s DHBVNL
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will issue the bill to complainant on average basis not on actual reading.
2. On the other hand the version of the opposite party that from October 2010 to June 2014 the reading of the complainant could not be recorded and thereafter upto June 2014 the opposite party had issued his average bill to the complainant. The opposite party contented that the bill is correct one and issued on the actual consumption basis.
3. During the course of arguments the counsel for complainant had admitted that the bill in question was of actual consumption reading and he is not liable to pay the surcharge/interest because the opposite party had on fault had not to issue the bill on actual reading. The counsel for opposite party has argued that the bill issued by the opposite party is correct one and complainant is liable to pay the same.
4. The counsel for the complainant has made a statement that the opposite party has not issued the bill from 28.10.2010 to 28.8.2014 on reading basis. The opposite party had issued the bill on average/fixed units during the period 28.10.2010 to 28.8.2014. However the complainant is ready to deposit the amount shown in the disputed bill Ex. C-15 without surcharge/interest in six equal installments alongwith future bill after deducting the amount which the complainant had already deposited with opposite party on average / fixed basis.
5. Heard . After hearing the counsel for the parties as well as going through the the record we are of the considered opinion that the opposite party is deficient in
Shyam La v/s DHBVNL
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service not to issue the monthly bill on reading basis. They have issued for actual reading bill from the period 28.10.2010 to 28.8.2014 in bill dated 22.9.2014 which is illegal. However the complainant is ready to deposit the bill of actual reading without surcharge in six equal installments.
6. In view of the discussion above the complaint is partly allowed and the complainant is directed to deposit the amount shown in bill dated 22.9.2014 in six equal bimonthly installments. The opposite party is also directed to reissue the bill from the period 28.9.2010 to 28.9.2014 without surcharge/ interest after deducting the amount which was already paid by the complainant on average/ fixed basis . The opposite party is further directed to accept the said amount in six equal bimonthly installments without surcharge/interest. The complaint is decided accordingly. Copy of order be supplied to the parties under the rule. File be consigned to record room after due compliance.
Announced on: 22.7.2016
President,
Member Member District Consumer Disputes Redressal Forum, Jind
Shyam Lal v/s DHBVNL
Present: Sh. Vinod Bansal Adv. for complainant.
Sh. M.L Mittal Adv. for opposite party.
Arguments heard. To come up on 22.7.2016 for orders.
President,
Member Member DCDRF, Jind
22.7.2016
Present: Sh. Vinod Bansal Adv. for complainant.
Sh. M.L Mittal Adv. for opposite party.
Order announced. Vide our separate order of even date, the complaint is partly allowed. File be consigned to record room after due compliance.
President,
Member Member DCDRF, Jind
22.7.2016
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