Haryana

StateCommission

A/206/2014

DHBVNL - Complainant(s)

Versus

Ramesh Kumar - Opp.Party(s)

R Malhotra

23 Feb 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

                                                First appeal No.206 of  2014

Date of the Institution: 21.03.2014

Date of Decision: 23.02.2016

 

1. Dakshin Haryana Bijli Vitran Nigam Ltd., through its Managing Director, Vidyut Nagar, Hisar.
2. Executive Engineer, city Operation division, Dakshin Haryana Bijli Vitran Nigam Ltd., Bhiwani.
3. Sub Divisional Officer, Operation Citu Sub Division, Dakshin Haryana Bijli Vitran Nigam Ltd., Bhiwani.

                                                                   .….Appellants

 

Versus

 

Sh.Ramesh Kumar S/o Shri Shyam Lal R/o Dhanda Ladanpur Road,Dev Nagar Colony, Bhiwani, Haryana.

                                                                             .….Respondent

 

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

                    Mrs. Urvashi Agnihotri, Member

 

Present:-    Mr.Rajneesh Malhotra, Advocate for the appellants.

                    Mr.S.K.Bhardwaj, Advocate for the respondent.

O R D E R

R.K.Bishnoi, JUDICIAL MEMBER:

 

          File taken up today as 22.02.2016 was holiday on account of Guru Ravidas Jyanti.

2.      It alleged by the complainant that he was having connection No.DG 2060 SP and has been making the payments of electricity charges regularly. Opposite parties (O.Ps.) issued bill No.229 dated 19.03.2007 of Rs.1,51,168.38 paisa to him, which was deposited by cheque on 27.07.2007.  He requested the O.Ps. to refund the abovesaid amount alongwith interest, but they did not pay any heed.

3.      O.Ps. filed reply controverting his averments and alleged that  as per direction of the Audit party the account of the complainant was overhauled vide sundry item No.448/45 for the period April, 2006 to 11/2006 and 04/2005 to 11/2005 on consumption basis. It was further alleged that 63359 units were consumed by complainant and bill amounting to Rs.151168.38 paisa was issued to him vide memo No.229 dated 19.03.2007, so the amount charged was legal and perfect.

4.      After hearing both the parties the learned District Consumer Disputes Redressal Forum, Bhiwani allowed the complaint vide impugned order dated 16.01.2014 and directed as under:-

“1.     To overhaul the account of the complainant and to refund the amount deposited in excess by the complainant if not refunded or adjusted so far.

2.      To pay Rs.2200/- as costs of litigation.”

5.      Feeling aggrieved therefrom, the opposite parties-appellants have preferred this appeal. 

6.      Arguments heard.  File perused.

7.      Vide impugned order dated 16.01.2014 the learned District Forum has only directed the O.Ps. to overhaul the account of the complainant and has no where directed that nothing is to be recovered from him. Right of none of the parties is going to be effected by this order.  After overhauling account of the complainant, the complainant-respondent may afford an opportunity to show cause why the amount be not recovered from him, if any. Resultantly, appeal fails and the same is hereby dismissed.

8.      The statutory amount of Rs.25000/- 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.

 

February 23rd, 2016

Mrs. Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.