Haryana

Ambala

CC/455/2016

Parkasho Devi - Complainant(s)

Versus

MD. UHBVN - Opp.Party(s)

Sunil Batra

22 Feb 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

                                     FORUM AMBALA

 

                                                          Complaint case no.        :  455 of 2016

                                                          Date of Institution         :  22.12.2016

                                                          Date of decision   :  22.02.2018

 

 

Parkasho Devi w/o Sh. Ramkesh r/o H.No.25/19, New  Lakshmi Nagar, Jandli, Ambala City.

……. Complainant.

 

1.       MD, UHBVN, Vidyut Sadan Plot No. C-16, Sector-6, Panchkula, Haryana.

2.       SDO, UHBVN, Model Town, New Model Colony, Ambala City.

 

 ….…. Opposite Parties

 

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER

MS. ANAMIKA GUPTA, MEMBER.

                            

 

Present:       Sh. Satish Kumar, counsel for complainant.  

                   Sh. Pardeep Bansal, counsel for OPs.

 

 

ORDER:

 

                   In nutshell, brief facts of the present complaint is that the complainant has applied for an electricity connection on her name in the year of 2013 to the OP No.2. She has deposited the required security amount as prescribed for new electricity connection. After depositing the security amount, staff of OP No.2 came to her house for installed as the construction work of the  house of the complainant required few more days to be completed. The staff  of OP No.2 has directed the complainant to inform them once the construction work is over so that electricity  meter can be installed at her house. On that day they took the electricity meter back with them. In the same year in  2013, the complainant’s husband was attacked by some anti social elements and in that attack he suffered  serious injuries and remain in hospital  for several months. After getting discharged from hospital the treatment was still going on for complete recovery. Due to the same incident, complainant could not inform OP No.2 as she has to take care of her minor children alongwith had to look after other hospital and judicial proceedings with regard to her husband. On 20.07.2016 when complainant visited the office of OP No.2 to request  to install the electricity meter at her house she was shocked to hear that her electricity bill  is pending to the tune of Rs. 20,911/- and the due date was 11.07.2016. When  complainant  inform the OP No.2 that her electricity meter is still to be installed and how could an electricity meter is still to be installed and how could an electricity bill be generate without installing the electricity meter. The complainant feeling aggrieved to this lodged her complaint to CM Window on 29.07.2016. The same is still pending with the concerned official/authority. After giving this compliant on CM Window, the staff of OP No.2 has installed the electricity meter at the house of the complainant on 09.08.2016 without her knowledge with malicious intentions. After that  OP No.2 called husband of the complainant to their office and said you will adjust  the bill in  question. When complainant’s husband and complainant reached  the office of OP No.2 then OP No.2 had handed over them a revise  bill amounting to Rs. 14,450/- from 16.07.2013 to 30.09.2016 payable by 31.10.2016. When  complainant requested OP No.2 to reconsider that as the electricity meter has just been installed at her house and how a bill of such a huge amount be issued for the usage of 260 units. The OP No.2 is threatening the complainant that they will disconnect the electricity connection in the house of the complainant. Thus, the OPs are harassing  the complainant physically as well as mentally by issuing the wrong and exaggerated bill. Hence, the present complaint.

2.                Upon notice, Ops appeared and filed written statement submitting that the complainant had applied for electricity connection vide application No.21456/DS dated 17.06.2013 and the same was released on dated 16.07.2013 bearing No.5981620000. They also stated that the complainant never visited in the office of OPs. The complainant failed to pay her electricity  bills due  to the reasons best known to her and the OP No.2 after adjusting her already paid amount  sent a bill of Rs.14,450/- for the period 16.07.2013 to 30.09.2016 but the complainant did not pay. The OPs further sent a bill of Rs. 15,365/- for period 30.09.2016 to 30.11.2016 which is still outstanding against her for payment. It is wrong to mention that the OPs ever threatened the complainant. The OPs are competent to disconnect the electricity connection of any person in case of default in paying the energy bill of consumed units despite of giving opportunities to them. The complainant is in arrear of huge amount of electricity bill of the OPs. Hence, there is no deficiency on the part of OPs and prayed for dismissal of the complaint.

3.                To prove his version complainant tendered his affidavit as Annexure C-X alongwith documents as annexure C-1 to C-6 and close her                          evidence. On the other hand, counsel for OPs have also tendered affidavit as Annexure RW1/A alongwith documents as Annexure R-1 to R-10 and closed their evidence.

4.                We have heard learned counsel for the parties and carefully gone through the case file.  It is admitted facts that the OPs have not recorded the reading of the meter of the complainant from 10/13 to 30.09.2016 and sent the bill  amounting of Rs. 14,450/- to the complainant on average basis for the period 10/13  to 30.09.2016  in a single bill dated 22.10.2016 Annexure-C-5 and further sent the bill Rs. 15,364/- for period 30.09.2016 to 30.11.2016 (including Rs. 14,450/-) which was not paid by the complainant due to reason OPs have not sent the bill in regular manner to the complainant  from  the date of installation of the meter from 16.07.2013 to 30.09.2016. Although the complainant had taken the plea that the meter has not been installed on 16.07.2013 and she never used the meter in question but this plea is not tenable because the complainant has signed the service connection order dated 16.07.2013 and connection  has been  released to the complainant as per Annexure R-1 i.e. service connection order, but the Ops have sent the bill single time. It was duty of the OPs to issue the bill regularly, so that the complainant could deposit the electricity bill.  In view of the above facts it is clear that Ops are negligent in performing their duty by not issuing the bill in time to the complainant.

5.                Keeping in view of the fact of the case, it would be appropriate to give the direction to the Nigam to charge the actual bill dated 22.10.2016 for  the period 16.07.2013 to 30.09.2016 without surcharge in four equal installments with the current bi –monthly bill after issuing the bill afresh. In case the complainant fails to deposit the installment in that eventuality Ops are at liberty to take action as per law. Accordingly, the present complaint is partly allowed with costs Rs. 3000/-. Order be complied with within one month after receiving the copy of the order. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :22.02.2018                                          

 

 

 

 (PUSHPENDER KUMAR)               (D.N. ARORA)

                                    Member                                         President