ORDER

01.07.2024

Sh. Sanjay Kumar, President

1. Brief facts of the present case are that OP is a company incorporated under the companies Act, 1956, having its registered office at Hudson Lines, Kingsway camp,  Delhi, who is engaged in the business of distribution of electricity and providing services related thereto and the complainant is an Inspector in Delhi Police and has been allotted a government accommodation/quarter no.D-5, Police Lines, Delhi-110085, in 1993, hereinafter referred to as the “Accomodation”. All the documents relating to allotment of said accommodation are filed on record. It is stated that the complainant had been consuming the electricity and the services provided by the OP and has also regularly been paying the electricity bills against the recorded consumption, since the allotment of the said accommodation in 1993.
2. It is stated that the electricity connection vide K No.1PP5061748859 with sanctioned load of 2.76 KW had been installed in the Accommodation of the complainant by the OP in 1993 but subsequently a new K No.3440017 4885L with the same sanctioned load of 2.76 KW was allotted to the complainant.   It is further stated that the complainant had regularly been paying the bills since the installation of the connection, against the said electricity connection nos., as and when bills were raised by the OP and received by the complainant. It is stated that lastly the complainant deposited electricity bill no.0409616836 for the month of September 2004 with due date 13.10.2004 amounting to Rs.1890, for the consumed 625 units and upto 1755 units as recorded from the meter by the OP on 02.09.2004. It is further stated that the complainant was shocked, stunned and surprised to receive electricity bill no.0411053660, for the month of November 2004 with due date 09.12.2004 amounting to Rs.40,970 showing debit/arrears amount of Rs.39,644.36p, but there were no details of the alleged debit/arrears amount shown in the electricity bill by the OP. It is further stated that as per the details given in the bill current units was taken upto 2231 units and consumption shown in this bill was  of only 476 units. Copy of the said bill dated 18.11.2004 is filed on record.
3. It is stated that complainant approached the regional/local billing office of the OP for rectification of the frivolous inflated bill and asked the reason for negligence and gross mistake, officials of the OP apologized about the frivolous inflated bill but failed to provide any satisfactory answer or reason thereto, and they gave the reason for mixing up the data in their computers. It is stated that officials in the office assured the complainant that this frivolous inflated bill would soon be rectified and the complainant shall get a corrected/revised bill very soon and then only he should make the payment. It is stated that the complainant gave his complaint in writing to the officials of the OP and OP issued the acknowledgment slip no.53190, to the complainant. It is stated that complainant believed the  assurance given by the officials and started waiting for the revised/corrected bill and reply as per promised b y the acknowledgment slop, but all hopes and assurances turned into a nightmare  when the complainant received a similar frivolous inflated/flattened bill no.0501518508, for the month of Jan 2005 with due 08.02.2005 amounting to Rs.42,820/- showing the alleged debit/arrears amount of Rs.42,202.08p without any specific details or reasons. In this bill total recorded consumption was of 227 units and upto 2458 units.
4. It is stated that  complainant again approached the regional/local billing office of the OP for rectification of this  second frivolous inflated bill and again asked the reason for gross mistake, officials of the OP again apologized about the frivolous inflated bill but again failed to provide any satisfactory answer or reason thereto, and they gave the same reason of mixing up the date in their computers. It is stated that officials in the office again assured the complainant that this frivolous inflated bill would soon be rectified and the complainant shall get a corrected/revised bill very soon and then only he should make the payment. It is further stated that complainant requested the officials of the OP to allow him to deposit the amount for the recorded consumption, but official/cashier of the OP refused to take the payment only of the recorded consumption and said we do not have any policy to take the part payment.
5. It is stated that complainant wrote several complaints to the officials of OP including Assistant Manager (Account) and General Manager requesting them to allow to deposit the amount for the recorded consumptions, but every the officials gave the same reply that as per their policy part payment is not allowed. It is further stated that complainant met with the officials of OP and they assured that soon inflated bill be rectified but inflated bill till the month of May 2006 kept coming. It is stated that inflated bills dated 06.07.2005, 18.11.2005, 13.01.2006, 18.03.2006 and 15.05.2006 are filed on record. It is stated that two legal notices were sent to OP dated 25.01.2005 and 09.03.2006 which were duly received by OP but frivolous inflated electricity bills are not rectified.
6. It is stated that complainant received an advise of disconnection under section 56 of the Electricity Act,  dated 23.05.2006 and no explanation or reason was than complainant approached the regional/local billing office of OP for rectification of the frivolous inflated bills but again OP failed. It is further stated that on 13.06.2006 suddenly officials of OP disconnected the supply and  remove the meter on 14.06.2006 without any further reason and intimation. It is stated that complainant deposited electricity bill no.0409616836 for the month of September 2004 with due date 13.10.2004 of Rs.1890/- for consumed 625 units upto 1755 units as recorded in the meter on 02.09.2004, therefore, complainant is only liable to pay only for the actual recorded consumption of units 3636 i.e upto 5391 units against the wrong false and inflated bill of Rs.61,860/-.
7. It is stated that it is clear and evident  that there are false, imperfections, shortcomings and inadequacy in the quality, nature and manner of performance of services on the part  of OP and there is deficiency of services on the part of OP resulting in huge losses, damages and mental tension to the complainant and his family members. The complainant is seeking orders against OP to rectify the frivolous inflated electricity bill, to pass an order for restoration of electricity connection, to award damages of Rs.5,00,000/- and litigation in favor of complainant.
8. OP filed WS and taken preliminary objections that complainant has suppressed the material facts with regard to outstanding dues against the connection no.42200175306 installed at quarter no.5, type III, police station Sultanpuri and complainant did not pay the outstanding dues at the time of vacating the said flat in 2002, therefore, present complaint is liable to be dismissed.
9. On merit all the allegations are  denied. It is stated that complainant made the payment of connection no.34400174885 upto September 2004 which is installed on 09.02.2004 at D-5 Police Line, Pitampura, Delhi. It is further stated that an electric connection bearing no.42200175306 at quarter no.5 type III, police station Sultanpuri and did not make the payment of regular bills for the electricity consumed by the complainant from September 1992. It is stated that said flat was vacated by complainant and same was allotted to Sh. P.S Mohassin on 08.08.2002 who took the possession on 10.10.2002 as per record of the police station Sultanpuri and prior to that complainant was the allottee of the said flat for residential purposes.
10. It is stated that at the time of surrendering the said flat the complainant neither obtained NOC from the concerned PWD department nor from the OP for clearance of outstanding dues and at Pitampura Quarter connection no.344001744885 was taken on the basis of allotment letter from the department. It is further stated that Sh. P.S Mohassin approached the office of OP for sanctioned of the electric connection in his name at the quarter no.5 type III, police station Sultanpuri on the basis of allotment letter dated 08.08.2002 and the possession letter dated 10.10.2002 and also ready to make the payment from October 2002 till date. It is stated that upto October 2002 the quarter in question in favour of complainant and the outstanding dues against the said connection no.42200175306 were Rs.39,644.36 which were required to be paid by the complainant before surrendering the quarter but the complainant failed to pay the same.
11. It is stated that after verification that the complainant has obtained the fresh connection at Pitam Pura the said dues of Rs.39,644.36 were transferred against the new connection no.34400174885 in the month of November 2004 which are legal and payable by the complainant and complainant is legally bound to pay the outstanding dues of earlier connection at his previous government quarter which were not paid by him. It is further stated that complainant did not make the payment from September 1992 and use the electricity regularly, therefore, there is no question of shock or surprise. It is stated that complainant has concealded the true and correct facts from this Hon’ble Forum and complainant was duly informed and apprised about these facts whenever he visited the office of OP. It is further stated that there is no negligence/mistake on the part of OP in transferring the legitimate dues of the complainant against the fresh connection at the Pitampura Government Quarter.
12. It is stated that complainant made the payment of the newly installed connection K NO.34400174885 upto September 2004 and after November 2004 failed to pay the dues, therefore, supply was disconnected as per law. It is stated that there is no fault, imperfection, shortcoming and inadequacy in quality or any deficiency of service on the part of OP. It is stated that complainant is not entitled for any damages or reliefs as claimed in  the complainant, therefore, present complaint is liable to be dismissed.
13. Complainant filed replication to the WS of OP and denied all the allegations made therein and reiterated contents of the complaint. It is stated that complainant vacated the flat at Sultanpuri in 1993 and not in 2002 and documents showing the  allotment and possession of the new flat at Pitampura Delhi in 1993 and documents are filed on record. It is stated  that the flat at Sultanpuri was vacated by complainant in the year 1993 and further allotted to P.S Mohassin on 08.08.2002 and from 05.06.1993 to 08.08.2002 the flat remained vacant, therefore, OP is illegally claiming arrears as there was no electricity used in the flat. It is stated that no arrears exists for the period 1992 to 2002. It is further stated that complainant has  not suppressed any fact with regard to outstanding dues against connection no.42200175306 installed at quarter no.5 type III, police station Sultanpuri.
14. It is stated that the possession of quarter no.5 type III, police station Sultanpuri was taken by complainant in 1989 and vacated in 1993 and all the electricity bills were duly paid by the complainant.  It is stated that complainant vacated the quarter no.5 type III, police station Sultanpuri after completing all the requisite and necessary requirements and Estate Department and the DESU were duly informed and clearance was also obtained. It is further stated that OP did not refund the security amount of electricity meter installed at quarter no.5 type III, police station Sultanpuri. It is stated that OP has transferred the alleged arrear illegally and negligently. It is stated that complainant is entitled for all the reliefs claimed in the complaint.
15. Complainant filed evidence by way of his affidavit. In the affidavit contents of complaint are reiterated. Complainant relied  on occupation slip of D-5 Police Line Pitampura dated 26.05.1993 and report of Estate Department dated 15.12.2004 Ex.CW1/1A to Ex.CW1/1B, copy of bill dated 22.09.2004 Ex.CW1/2, copy of bill dated 18.11.2004 Ex.CW1/3, copy of complaint with acknowledgment slip no.53190 Ex.CW1/4, copy of bill dated 08.02.2005 of Rs.42,820/- Ex.CW1/5, copy of inflated bills dated 06.07.2005, 18.11.2005, 13.01.2006, 18.03.2006 and 15.05.2006 Ex.CW1/6A- CW1/6E, copy of legal notices dated 25.01.2005 and 09.03.2006 Ex.CW1/7 and CW1/8 and copy of disconnection notice under section 56 Electricity Act dated 23.05.2006 Ex.CW1/9.
16. OP filed evidence by way of affidavit of Vikas Shandlya Consumer Service Officer. In the affidavit the contents of WS reiterated.
17. Written arguments filed by complainant as well as by OP.
18. We have heard Sh. D.K Sinha counsel for complainant and Sh. Harish Purohit AR for OP  and perused the record.
19. The complainant challenged the impugned bill dated 18.11.2004. In this bill OP shown Rs.39,644.6 as arrears. According to OP the outstanding dues is against the connection no.42200175306 in the name of complainant and installed at Quarter no.5, Type 3, Police Station Sultanpuri. The complainant did not pay regular bills from September 1992 prior to vacation of the flat. The complainant neither obtained NOC from concerned department who allotted flat nor from OP. According to OP this fact came to the knowledge when Sh. P.S. Mohsan approached the office of OP for sanction of electricity connection in his name alongwith allotment letter dated 08.08.2002 and possession letter dated 10.10.2002 and ready to pay from October 2002. The OP after verification transferred the dues at the fresh connection of complainant at D-5 Police Line, Pitampura.
20. This commission during the proceedings impleaded Delhi Police as party to adjudicate the dispute  of electricity dues against complainant. SI Dinesh Kumar and ASI Sumit Kumar police officials of outer district, Delhi Police appeared and filed record pertaining to allotment of flat to complainant Sultanpuri. As per documents filed the concerned record has been destroyed vide order dated 31.05.2023 with regard to allotment and vacation of flat at Sultanpuri by complainant. However, 1 DD entry filed on record dated 05.06.1993 whereby complainant occupied Pitampura flat, however no dues certificate not filed by Delhi Police Department pertaining to Sultanpuri flat. The complainant filed  on record allotment of D5 Police Line, Flat record pertaining to year 1993 i.e occupation slip dated 26.05.1993 and report of Estate Department dated 15.12.2004. The complainant taken the stand that he had vacated the Sultanpuri flat in the year 1993. However, he has  not filed any documentary proof  of taking no dues from OP at the time of vacation of the flat. On the other hand complainant filed original occupation slip 19.05.1993 of Pitampura flat and taking of possession vide DD entry 27 dated 05.06.1993. The complainant has not given any plausible explanation with regard to non filing of no dues of the Sultanpuri Flat because he kept all record of Pitampura and filed before  this Commission.
21. The OP filed detailed statement of account of Sultanpuri flat from August 1997 till December 2003. As per record the electricity  connection stand in the name of Ram Kumar. After going through the statement of account the last reading in August 1997 is 1030 and remained 1335 till December 2002. However, in October 2002 it shows arrears of Rs.39,644/-. The same amount as per statement of account of Pitampura flat transferred on 01.11.2004. These documents established on record that the electricity connection at Sultanpuri  flat remained in the name of complainant even after vacation in the year 1993. The onus shift on complainant to explain why the electricity connection remained in his name when he had already cleared all his dues and submitted no dues. The well settled procedure of allotment and vacation of government accommodation is that at the time of vacation the concerned authorities issue vacation report after submission of no due certificate of electricity connection or water connection or any other facility provided by government or any other agency. It is the duty of the occupant of the flat to get no dues certificate of electricity connection and submit with the authorities. The Police Department also failed to produce documents with regard to vacation of flat by complainant of Sultanpuri and submission of no dues certificate of electricity connection. The OP at its  own cannot remove the electricity connection unless consumer made a request and pay all dues against the electricity connection. The circumstances in the present case established that the complainant did not take no dues certificate from OP and electricity connection and meter remained installed in the name of complainant till the new allottee of the flat at Sultanpuri filed application for new connection.
22. The complainant being the officer of Delhi Police and got allotted government accommodation is well versed with the procedure of taking over the possession, handing over the possession and submission of no due certificates. It is established on record that complainant when vacated the Sultanpuri flat did not obtain the no dues certificate or cleared all the dues of OP with regard to the installed electricity connection. The electricity meter remained in the name of complainant till the new allottee applied for electricity connection with OP. The complainant cannot take advantage of his own slackness or carelessness  while following the procedure of clearing all the dues and taking of no dues and submitted with the concerned authorities. The complainant failed to take effective steps to remove the electricity connection from the Sultanpuri flat. Therefore, it remained in his name. The OP is charging only the statutory charges of meter remained installed in the name of complainant at Sultanpuri flat. The complainant is liable to pay the statutory charges in these special circumstances of the case.
23. On the basis of above observation and discussion complainant failed to establish deficiency of service on unfair trade practice on the part of OP. Hence, present complaint is dismissed. No order as to cost. File be consigned to record room.
24. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  01.07.2024.

         SANJAY KUMAR                     NIPUR CHANDNA              RAJESH

            PRESIDENT                                MEMBER                        MEMBER