Uttar Pradesh

Aligarh

CC/110/2015

SMT LILAWATI - Complainant(s)

Versus

EXECUTIVE ENGNEER DVVNL - Opp.Party(s)

31 Mar 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग
अलीगढ
 
Complaint Case No. CC/110/2015
( Date of Filing : 18 Sep 2015 )
 
1. SMT LILAWATI
W/O SRI RAM SINGH R/O VILLAGE GAHLAU BLOCK GONDA TEHSIL IGLAS
ALIGARH
UP
...........Complainant(s)
Versus
1. EXECUTIVE ENGNEER DVVNL
DVVNL (EDD III) LAL DIGGI
ALIGARH
UP
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. HASNAIN QURESHI PRESIDENT
 HON'BLE MR. ALOK UPADHYAYA MEMBER
 
PRESENT:
 
Dated : 31 Mar 2023
Final Order / Judgement
  1. The present complaint has been filed by the complainant before this commission alleging that he is the consumer of the Op through electricity connection and  prayed for  the following reliefs-
  1. Op be directed to correct the electricity bill amounting Rs. 274000/ and connection no. 5192/015427 be energized.
  2. Compensation for harassment Rs.5000/
  3. Litigation expanses Rs.2000/.

 

  1. The Complainant has stated that she is the consumer of the Op through tube-well electricity connection no. 5192/015427 of 5HP. Op had raised the bill of 7.5 HP instead of 5HP and she moved application dated 31.3.2009 for correction of the bill. She had paid the electricity bill upto 31.3.2009. Complainant had got registered under OTS scheme depositing the Rs.1000/ on 8.9.2011, 8.11.09 and 31.01.2015 but the bill was not corrected. On 31.1.2015 the bill was raised for Rs.274000/ and connection was temporarily disconnected in default of payment.
  2.  Op has filed WS stating that the alleged connection is not in the name of the complainant. The receipt no. 29/62278 dated 10.1.2015 bears the name of Smt Lilawati w/o Nirajan Singh whereas complaint has been filed by Smt Lilawati w/o Ram Singh. It shows that the complainant is not the consumer and compliant is liable to dismissed.
  3.  Complainant has filed his affidavit and papers in support of his pleadings.  Op has also filed his affidavit and papers  in support of his pleadings
  4. We have perused the material available on record and heard the parties counsel.
  5. The first question of consideration before us is whether the op is entitled to raise the electricity bill at the rate of load 7.5HP? If so, its effect.
  6. Complainant has stated that a tube-well connection of 5HP was granted to the complainant and electricity bill was raised at the rate of load 7.5HP instead of 5HP which disentitles the Op from demanding the bill amount Rs274000/. OP has raised preliminary objection to the effect that complaint has been filed by Smt Lilawati W/O Ram Singh whereas the electricity bill has been raised in the name of Smt Lilawati W/o Sri Nirajan Singh and thereby OP has raised objection that the complainant is not the consumer of the OP. Complainant has corrected the name of husband of Smt. Lilawati and name of Ram Singh has been replaced by the name of Nirajan singh as per order dated 28.3.2022. Thus the preliminary objection is demolished and complainant is held consumer of the OP. so far as the question of load is concerned there is a letter dated 19.9.2015  on the record which was issued by the OP to the complainant’s counsel under the information Act in which it has been informed that the electricity bills of all tube-well connections of 5HP load have been raised for 7-5 HP load instead of 5HP load. Thus there was general increase in the load of all the tube-well connections and OP is authorized to raise the bill accordingly. Thus there is no ground to interfere in raising bill at 7.5HP load by the Op.
  7.   The question formulated above is decided in favour of the Op.
  8.  Keeping in view the facts and circumstances of case, Complainant is not entitled to any relief and complaint is hereby dismiss.
  9. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
  10. SFile be consigned to record room along with a copy of this judgment.

 

             

 
 
[HON'BLE MR. HASNAIN QURESHI]
PRESIDENT
 
 
[HON'BLE MR. ALOK UPADHYAYA]
MEMBER
 

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