Haryana

StateCommission

A/490/2015

UHBVNL - Complainant(s)

Versus

LALIT KUMAR - Opp.Party(s)

ROHIT DHEER

02 Jun 2016

ORDER

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                             

                                                         First Appeal No.490 of 2015

Date of Institution: 15.05.2015/29.05.2015

                                                           Date of Decision: 02.06.2016

 

S.D.O. ‘OP’ Sub Division, UHBVN, Beri Distt. Jhajjar, Haryana

 

…..Appellant

Versus

 

Lalit Kumar S/o Sh.Bhagwan Das R/o H.No.375, Sector-14, Distt. Jhajjar, Haryana.

                                                …..Respondent

 

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

                                    Mrs. Urvashi Agnihotri, Member.                                                                                                                                                                          

Present:                     Shri  Rohit Dheer, Advocate counsel for appellant.

                                    Shri Deepak Girotra, Advocate counsel for respondent.

 

                                                               O R D E R

URVASHI AGNIHOTRI MEMBER:

 

1. SDO, ‘OP’ Sub – Division, UHBVN, Beri, OP/appellant is in appeal against the Order dated 13.02.2015 passed by the District Consumer Disputes Redressal Forum (for short ‘District Forum’), Jhajjar, whereby the complaint of Lalit Kumar - Complainant has been allowed and the OP has been directed  not to recover the amount of Rs.3,02,003/-, raised on account of sundry charges from the complainant through bill dated 04.08.2014 declared as illegal and arbitrary and to pay a sum of Rs.3000/- on account of mental agony with Rs.2000/- on account of litigation expenses.
2. In brief, the complainant had a temporary electric connection from OP bearing account No.BCT0014 with sanctioned load of 0.960 KW being the registered Govt. Contractor which was got disconnected later on by making full payment. OP No.3 served a notice asking the complainant to deposit the pending amount of Rs.2,17,674/- OPs also sent a bill of Rs.3,04,129/- to the complainant for domestic meter No.A142-1274 at Rohtak. Several requests were made to the OPs not to demand the aforesaid amount from the complainant but when the request was not accepted, alleging deficiency in service on the part of the OPs, the complainant approached the District Forum praying the withdrawal of the disputed bill and not to recover any amount from him and instead to pay compensation and the litigation expenses to him.
3. Justifying their action, the OPs pleaded that the complainant has not made the payment regarding this electric connection and when a checking was held on 10.11.2010 by the vigilance team. It was found that single phase meter was installed in the premises and the connection had been taken under temporary purposes for some constructions. The total load consuming was found 9.603 K.W. The witness present at the time of checking, signed the checking report and a bill on the basis of said notice was issued to the complainant on the basis of correct reading. The plea of the OPs was however, rejected and the learned District Forum allowed the complaint on 13.02.2015 by granting the aforesaid relief.  
4. Against the impugned order dated 13.02.2015, the OPs / appellant have filed appeal before us reiterating their pleas raised before the District Forum. We have heard the learned counsel for the parties and have gone through the record, a perusal whereof shows that the OP has failed to prove any case of theft of electricity against the complainant. In fact, had there been any such theft committed by the complainant, the OP would have immediately lodged the FIR, which the OPs have failed to do. Further, the quantum of load released by the OPs to the connection on spot, did not bear proportion to the actual consumption by the OPs, moreso, when the same was only for the constructions of some Jhuggi etc. So far as, the signatures of some witness obtained by the OPs on the spot is concerned, the complainant has flatly denied any connection with the alleged person nor has any been produced by the OPs before the District Forum. Even the alleged signatures have not been got identified or proved by any expert to substantiate the case of the OP. In view of the aforesaid factual position, the finding of the learned District Forum and the relief granted by it in the following terms is fully justified;

“In view of aforesaid discussion and findings, it is observed that the respondents shall not recover the amount of Rs.3,02,003/- (along with any further surcharge / penalty etc., if any levied on this amount from the complainant) which has been raised on account of sundry charges from the complainant through bill dated 04.08.2014 placed on record as Ex. P-3 and the same is hereby declared as illegal and arbitrary. However, the amount already deposited by the complainant, if any, towards the above said amount shall be adjusted by the respondents in the future billing of complainant. The complainant had to file the present complaint due to the negligence and deficiency in service on the part of the respondents and as such, has suffered mental agony and harassment. Hence, we further direct the respondents to pay a sum of Rs.3000/- on account of mental agony, harassment and Rs.2000/- on account of litigation expenses for the present unwanted and unwarranted litigation only due to the deficiency in service on the part of the respondents. The complaint is disposed of accordingly”.

 

5. Consequently, the appeal stands dismissed with no order as to costs.
6. The statutory amount of Rs.2500/- deposited at the time of filing of the present appeal be refunded to the appellant against proper receipt and due verification.

 

June 02nd, 2016         Urvashi Agnihotri                   R.K.Bishnoi,                                     Member                                  Judicial Member                             Addl. Bench                           Addl.Bench                 

S.K.