BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.: 02 of 2015.
Date of Institution: 06.02.2015.
Date of Decision: 01.03.2019.
Ved Parkash Dalal, Advocate son of Shri Parbhu Ram, resident of House No. 2000, Sector-13, HUDA, Bhiwani.
….Complainant.
Versus
- Dakshin Haryana Bijli Vitran Nigam Ltd. through its Superintending Engineer, Bhiwani.
- The Executive Engineer, Urban Division, Dakshin Haryana Bijli Vitran Nigam Ltd., Bhiwani.
- The SDO, Sub Urban Sub Division No.1, City Bhiwani, Dakshin Haryana Bijli Vitran Nigam Ltd., 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 VP Dalal, Advocate complainant in person.
Shri R. S. Sharma, Advocate for the OPs.
ORDER:-
PER MANJIT SINGH NARYAL, PRESIDENT
The case of the complainant in brief, is that the complainant is having an electricity connection No.HB21-1603-A and paying the bills regularly. It is alleged that the meter of the complainant is installed on the pillar box and the OP is liable to look after the meter. It is further alleged that the meter of the complainant was burnt 15/16.11.2014 due to the negligence of the employees of the OP. It is further alleged that the OP has got deposited the cost of the meter i.e. Rs.1000/- from the complainant vide receipt No.347 dated 18.11.2014. It is further alleged that the complainant has raised objection with the OP regarding deposit of cost of meter, because there is no negligence on his part. It is further alleged that the complainant has requested many times to the OP for the refund the cost of meter, but to no effect. 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, opposite parties appeared and failed in filing written statement despite availing several opportunities including the last opportunities and the defense of the OP was struck off by this Forum vide its order dated 2.1.2019.
3. The complainant placed on record documents Annexure C1 to Annexure C2 in evidence to prove his case and closed the evidence.
4. Ld. Counsel for the OPs has not placed any documents on the record to rebut the case of the complainant.
5. We have heard ld. counsel for both the parties at length and have gone through the case file carefully.
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 only plea taken by the complainant that the meter of the complainant installed on the pillar box and the OP is liable to look after the meter and the OP has wrongly charged the cost of the new meter from him. Complainant has successfully proved his case by placing on record receipt of payment of cost of meter as annexure C1. The complainant has also placed on record copy of sales instructions No.52/2006 as Annexure C3, in which it has been clearly mentioned that the consumers shall not be held responsible for any physical damage of meters installed outside the premises which is not due to fault of the consumer. The OPs have even failed to file written statement despite availing several opportunities. It appears that OPs have nothing to say in this case to controvert the stand taken by the complainant. Thus, case of the complainant remained unchallenged and un-rebutted. Hence, charging of cost of meter from the complainant by the OPs amounts to gross deficiency in service on the part of the OPs.
7. Therefore, in view of the circumstances mentioned above, complaint of the complainant is partly allowed and the OPs are directed: -
i. To refund Rs.1000/- (One thousand only) charged as cost of meter along with interest @ 9% per annum from the date of deposit i.e. 18.11.2014 till its realization.
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iii. To pay Rs.1100/- (One thousand one hundred 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. i to iii from the date of default i.e. after 30 days from the date of this order i.e. 01.03.2019. 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: 01.03.2019.
(Saroj Bala Bohra) (Parmod Kumar) (Manjit Singh Naryal)
Member. Member. President,
District Consumer Disputes
Redressal Forum, Bhiwani.
