Haryana

Panchkula

CC/253/2015

RANVIR SINGH. - Complainant(s)

Versus

EXECUTIVE ENGINEER. - Opp.Party(s)

JASWANT SINGH.

08 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PANCHKULA.

 

                                                           Complaint No.:   253 of 2015

                                                           Date of Instt.:      10.11.2015

                                                           Date of Decision: 08.06.2016

 

 

Ranvir Singh Age 35 years son of Shri Mani Ram, resident of Transit Flats, Flat No.42 Sector 12-A, Panchkula, Haryana.

 

                                                                             ….Complainant

                             Versus

 

 

1. Executive Engineer, U.H.B.V.M. Ltd. Operation Division Panchkula Flat No.517 & 528, Power Colony Industrial Area Phase-II Panchkula.
2. Sub Divisional Engineer, U.H.B.V.N. Ltd. Operation Division Panchkula Flat No.517 & 518, Power Colony Industrial Area Phase-II, Panchkula.
3. Sub Divisional Engineer PWS B&R Panchkula, Flat No.1 Incharge Maintenance and Electricity transit flats Sector 12-A, Panchkula.

 

                                                                             …Opposite Parties.

 

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

 

BEFORE:             Mr.Dharam Pal, President.

                             Smt.Anita Kapoor, Member

                             Sh.S.P.Attri, Member

 

For the Parties:     Mr.Jaswant Singh, Advocate for complainant.

                             Mr.Y.P.Rana, Adv. for the Ops No.1 & 2.

                             Op No.3 is exparte.

 

ORDER:

(Dharam Pal, President)

                            

 

1.                          The complainant has filed this complaint against the    opposite parties with the averments that he is consumer of the Ops and they have installed a single meter for the entire flats and further have given connection to individual flats. They have issued a bill dated 03.09.2015 for the month of 01.08.2015 to 31.08.2015 for 608 units as the old reading was 9808 and new reading was 10416.  The Ops have charged @ Rs.8.76 per unit, therefore total bill comes to Rs.5326/- but they have raised a total bill of Rs.11651/- for the month of August, 2015.  Again the Ops have raised demand of Rs.15713/- for 464 units in the bill of September 2015 by showing Rs.11651/- as arrear despite the fact that it had been paid by the complainant. In the bill of October, 2015 the Ops have raised demand of Rs.17,237/- but the total consumed units have been shown as 134. The  bill sent by the Ops is on higher side and even they have shown Rs.15713/- as arrear in the same. The complainant has paid all the monthly bills within time. The Ops are charging Rs.8.76/- per unit but the maximum rate was Rs.6.75/- per unit. The above rates were approved by the Haryana Regulatory Electricity Commission on 17.10.2015 and the same was to commence from April, 2015 as published in Dainik Bhasker Newspaper. The complainant approached the Ops to correct the same but they threatened for the disconnection if the bill is not paid. He made a complaint regarding malfunctioning of the meter to the Ops but they sent bill of Rs.17,237/- during the billing circle of 01.10.2015 to 31.10.2015. The act and conduct of the Ops clearly amounts to deficiency in service on their part.  In evidence the complainant has tendered affidavit and documents Annexure CA, Annexure C1 & Annexure C2.

2.                          On notice, the OPs No.1 & 2 appeared and filed their joint reply contesting the complaint of the complainant on various grounds such as maintainability of the complaint and concealment of material facts from this Forum etc. It has been submitted that one meter No.HT/N396 was installed in the name of XEN PWD B&R in transit flats Sector 12-A, Panchkula therefore the complainant is not the consumer of Ops. The bill has been issued as per consumption of the electricity to the XEN PWD B&R and the Ops No.1 &  2 have not issued any bill to the complainant. The Ops have installed only one meter in the premises and further sub meters have been installed in the premises from the main meter and all the users divided the consumption of electricity.  The said bill has been issued by the Transit Flats Society and the complainant has not paid even a single penny to the Ops No.1 & 2. The rates of consumed units are settled by the Haryana Regulatory Electricity Commission and another charges have also been levied on the same i.e. line charges etc. There is no deficiency in service on the part of the Ops. Lastly, prayer for dismissal of the complaint has been made. In evidence the Ops have tendered affidavit Annexure RA.

3.                          During the proceedings of this case on the application of the complainant SDE PWD B&R Panchkula was made as opposite party to the present complaint. However, the OP No.3 did not appear before this Forum despite notice sent through registered post, therefore, it was proceeded against exparte vide order dated 11.03.2016.                   

4.                          We have heard the complainant in person and learned counsel for the opposite parties and have gone through the case file very carefully.

5.                          In order to prove his case the complainant has placed on record documents such as Rent/Electricity Charges Bill issued by SDE P IX Pkl. Annexure C1 and Copy of cutting of newspaper published on 17.10.2015 in Dainik Bhaskar, Haryana Chandigarh. The pleadings put-forth by the complainant with the support of these documents are not enough to prove that the Ops were deficient in providing service. Perusal of Annexure C1 reveals that it was not issued by the Ops No.1 & 2 rather the same has been issued by OP No.3 which is a separate body. The complainant has come with the plea that a single meter has been installed in the transit flats and further the electricity connections have been provided to the individual flats. Had it been so, he could have requested or asked the Ops No.1 & 2 to provide individual connection through a separate meter but he has not done so. Annexure C-1 proves that the complainant is residing in Flat no.42 Sector 12-A Panchkula but it does not show that the complainant was the consumer of the Ops No.1 & 2 because the complainant has not produced on file any document issued by the Ops No.1 & 2 in his name. The complainant in his complaint has mentioned about the bill dated 03.09.2015 for the month of 01.08.2015 to 31.08.2015 but he did not bother to place the same on the case file and further he also not placed on file any receipt of the bill to show that he had been making the electricity charges regularly. Annexure C-2 i.e. Copy of cutting of newspaper published on 17.10.2015 in Dainik Bhaskar, Haryana Chandigarh is also not helpful to the case of the complainant because it is a well settled law that in the absence of any reliable documentary material the news published in the newspaper cannot be read into evidence. On this point reliance can be taken from case law titled as Quamarul Islam Vs.S.K.Kanta 1994 (1) JT (SC) page 452.  In the present the complainant has not placed on case file any circular or notification issued by the Electricity Department/ Nigam with regard to the plea raised by him.  It is worthwhile to mention here that the provisions of CP Act are benevolent in nature and the Act has come into force to protect the consumers from getting harassed of hazardous service of service providers but it does not give any liberty to those who themselves violate the provisions of this Act. There is nothing on the case file to show that the Ops are deficient and violated the provisions of CP Act, therefore, we have no hitch to reach at a conclusion that the complaint is meritless and it requires dismissal. Accordingly, we dismiss the complaint. A copy of this order shall be forwarded, free of cost, to the parties to the complaint. File be consigned to the record room after due compliance.

 

Announced

08.06.2016        S.P.ATTRI      ANITA KAPOOR   DHARAM PAL

                           MEMBER                   MEMBER            PRESIDENT

 

 

Note: Each and every page of this order has been duly signed by me.

 

    

                                 

                                                         DHARAM PAL

                                                          PRESIDENT