Haryana

Charkhi Dadri

CC/288/2021

Lakhi Ram - Complainant(s)

Versus

Executive Engineer (OP) Division DHBVN Ltd, - Opp.Party(s)

Sh. Shyam Lal Gujran

15 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 288 of 2021

                                                          Date of Institution: 08.11.2021

                                                          Date of Decision: 15.02.2024

 

Lakhi Ram, aged 78 yrs son of Sh Bhana Ram Resident of chamber No.64 Court complex, Charkhi Dadri, District Charkhi Dadri (Haryana)

                                                                                            ….Complainant.

Versus

1. Executive Engineer, (OP) Division, DHBVN Ltd., Charkhi Dadri.
2. SDO ‘OP’ City S/Division DHBVN Ltd., Charkhi Dadri.

 

 

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          COMPLAINT UNDER THE CONSUMER PROTECTION ACT.

 

Before: -      Hon’ble Sh. Manjit Singh Naryal, President

                   Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:        Sh. Shyam Lal, Adv. for complainant.

                   Sh. Devender Singh Parmar, Adv. for OPs.

 

ORDER:-

                    Lakhi Ram (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite parties (hereinafter referred to as “the OPs) with the averments that he is consumer of the OPs having electricity connection bearing A/c No. 6907511019 and is paying the bills regularly. It is averred that the OPs have issued bill on account of energy charges without mentioning the meter reading and units consumed. The fact was communicated verbally to the concerned official who assured that bill will be corrected by the person who will come to take meter reading, but the bill was not corrected.  It is averred that as such the complainant vide letter dated 11.11.2020 again requested to OP no.2 to do needful. The said letter was marked to Shri Mahesh, AFM for checking and report. After checking the meter it was assured that bill will be corrected and revised bill will be issued according to meter reading. But same was not done. It is averred that the complainant requested many times further to the OPs for correction of the alleged bill, but the OPs did not pay any heed on the request of complainant. It is further submitted that aggrieved by the act and conduct of the opposite parties, the complainant served a legal notice dated 02.03.2021. The opposite parties failed to reply to the legal notice dated 02.03.2021 and instea of correcting bill sent the bill No.690756626207 dt.30.09.2021 for Rs.21,642/- illegally and unlawfully.  Hence this complaint.

2.                Upon notice, the OPs appeared and filed the written statement and denied the allegations of the complainant. The OPs mentioned that the complainant has not come with clean hands and has suppressed the true and material facts from the commission. The true facts of the case are that complainant used the electricity for the commercial activity and he was in act of unauthorized use of electricity tempering of meter, distributions of meter and calibration of electric current are matter of technical nature which  cannot be decided by this Commission. The dispute relating to theft/dishonest abstraction of electric energy is not a consumer dispute and no complaint lies under the Act before any Commission and is no subject matter of proceedings under this Act. It is averred that the present complaint has been filed by the complainant just to waste the time of OPs and accordingly, prayed for dismissal of complaint.

3.                     In the evidence, the learned counsel for the complainant tendered affidavit as Ex. CW-1/A and documents Ex. C1 to Ex. C4 and closed the evidence on 14.02.2023.

4.                On the other hand, the Sh. Sandeep Kumar Phogat, SDO (OP) City Dadri tendered into evidence affidavit as Ex.RW-1/A and document Ex. R-1 and closed the evidence on 01.12.2023.

                   During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and the learned counsel for the OPs reiterated the contents of their written statement and drawn the attention of this Commission towards the documents so placed on record by the parties.

5.           We have heard arguments of both the parties and perused the documents presented before this Commission. The complainant charged the OPs for raising bills without mentioning meter reading and consumed units and challenged the bill No. 69075662607 dated 30.09.2021 for Rs. 21,642/- (Ex.C4). The OPs in his reply/written statement dated 15.07.2022 has inter alia has submitted as under:-

“That the Hon’ble Commission has no jurisdiction to entertain and decide a complaint filed by a consumer of electricity as assessment of the duty for unauthorized use of electricity, tempering of meter, distributions of meter and calibration of electric current are matter of technical nature which cannot be decided by the consumer Commission. The dispute relating to theft/dishonest abstraction of electric energy is not a consumer dispute and no complaint lies under the Act before any Commission and is not subject matter of proceedings under this Act.”

However, OPs have not submitted any evidence proving allegations made against the complainant. The OPs has submitted bill No.690750240397 dated 22.09.2023 for Rs. 23,532/- containing surcharge of Rs.10,924/-. The surcharge accumulated because of proceedings continuing in this Commission and there may be further amount of surcharge in ensuing bills which should be waived off.

6.                In the given facts, this Commission is of the view that there is deficiency in service on the part of OPs. Hence, the complaint is allowed and following order is pronounced:-

1. OPs to waive surcharge imposed on the complaint which was  for Rs. 10,924/- in the bill No. 690750240397 dated 22.09.2023 Ex.R1 and surcharge imposed/ to be imposed by the OPs in subsequent bills and raise bills based on actual consumption of units and revise the bills accordingly.
2. The OPs are also directed to pay a sum of Rs. 5000/- on account of mental agony, harassment etc. and litigation charges.
3.  Complainant is also directed to pay the revised bill to be raised by the OPs pursuant to above order.

7.                     The above order be complied within 45 days from the date of receiving the copy of this order.

8.                Certified copies of order be supplied to the parties free of costs.

9.                File be consigned after due compliance.