Haryana

StateCommission

A/131/2015

DHBVNL - Complainant(s)

Versus

JAI SINGH - Opp.Party(s)

B.D.BHATIA

02 Dec 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

                                                First appeal No.131 of  2015

Date of the Institution: 09.02.2015

Date of Decision: 02.12.2015

 

1. The S.D.O. Sub Division, Charkhi Dadri City,
   DHBVNL, Charkhi Dadri.
2. DHBVNL, Vidyut Nagar, Hisar through its Managing Director.
3. The Executive Engineer-in-charge Sub Division, Charkhi Dadri, DHBVNL, Charkhi Dadri.

                                                                   .….Appellants

 

Versus

 

Jai Singh S/oSh.Kishan Lal, r/o Prem Nagar, Charkhi Dadri Tehsil Charkhi Dadri,District Bhiwani.

                                                                            .….Respondent

CORAM:    Mr.R.K.Bishnoi, Judicial Member

                    Mrs.Urvashi Agnihotri, Member

 

Present:-    Mr.B.D.Bhatia, Advocate counsel for the appellants.

                    Mr.Sumit Sangwan, Advocate counsel for the respondent.

O R D E R

R.K.Bishnoi, JUDICIAL MEMBER:

 

          It was alleged by the complainant that he was having electric connection No.B-32GN 21-0118 installed in his shop.  As per bill No.2935 dated 27.09.2009  he was to deposit Rs. 18914/-.  He was not liable to pay surcharge etc. In bill dated 27.05.2010 Rs.2624/- were shown as payable after making adjustments. Opposite Parties (O.Ps.) did not issue any bill for the month of June & July, 2010, but, in the month of August, 2010 they issued bill to the tune of Rs.20649/- including Rs.17228/- as surcharge without giving any notice. He requested the O.Ps. to rectify the same, but, they again issued bill of Rs.83449/-, which was wrong and illegal. Thus there was deficiency in service on the part of the O.Ps.

2.      O.Ps. filed reply controverting his averments and alleged that a sum of Rs.17278/- was mistakenly refunded  twice the same amount. The bill issued for Rs.82,899/- in the month of July 2013 was as per rules and instructions of the Nigam.  The average of the complainant was again adjusted in the sum of Rs.26,486/-.  O.P.No.3 wrote letter No.5966 dated 31.01.2014 to AFM incharge area  after the complaint of consumer.  AFM reported on 06.02.2014 on the back of that letter that meter was dead stop. Last recorded consumption was 20,340 units in the month of 9/2012.  Rs.1,08,602/- were pending towards him upto 06.02.2014.

3.      After hearing both the parties the learned District Consumer Disputes Redressal Forum, Bhiwani (in short “ District Forum”) directed as under:-

“1.     Not to recover the disputed bill amount from the complainant.

2.      to overhaul the account of the complainant and to adjust the amount, if any, deposited by the complainant.

3.      to pay Rs.2200/- as litigation charges.”

4.      Feeling aggrieved therefrom, the opposite parties have preferred this appeal.

5.      Arguments heard. File perused. 

6.      Learned District Forum has only ordered to overhaul the account of the complainant and have not restrained permanently from effecting recovery of any amount from the complainant.  It is not disputed that before adding Rs.17228/- in the bill no notice was given to the complainant.  As per opinion of Hon’ble Punjab and Haryana High Court expressed in Punjab State Electricity Board and another Vs. Ashwani Kumar, Vol. CIV-1993-2) The Punjab Law Reporter 447 before effecting any recovery, notice is to be sent to the consumer.  So account of the complainant be overhauled and thereafter fresh bill be issued.  No surcharge shall be charged because it was the fault of the department who had shown his account in minus. 

7.      With this directions appeal stands disposed off.

8.      The statutory amount of Rs.1100/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

December 02nd, 2015

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.