Haryana

Sonipat

CC/461/2015

Premo Devi W/o Bhale Ram - Complainant(s)

Versus

S.D.O. Op. Sub Division UHBVNL - Opp.Party(s)

Anand Kumar

19 Aug 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

 

                Complaint No.461 of 2015

Instituted on: 14.12.2015                                                     

Date of order:19.08.2016

 

Premo Devi wife of Bhale Ram, resident of village Ashawarpur  Sub Tehsil Rai, tehsil and distt. Sonepat.

 

…Complainant.          Versus

1.SDO (OP) Sub Division, UHBVN Ltd., Kundli at present Rai, tehsil and distt. Sonepat.

2.The Executive Engineer, (OP) UHBVNL, Fazilpur at present City Divn UHBVNL, Sonepat.

3.The Chairman, UHBVNL Shakti Bhawan, Sector 6, Panchkula.

         

                                       …Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Anand Kumar Adv. for complainant.

           Sh. Amit Balyan, Advocate for respondents.

 

Before-    Nagender Singh-President.

          Prabha Wati-Member.

           J.L. Gupta-Member.

 

O R D E R

 

        Complainant has filed the present complaint against the respondents alleging herself to be the consumer of the respondents vide account no.RS-12-2778F(old no.A-441) from the respondents.  The complainant made a complaint to the respondent no.1 regarding checking of the functioning of her meter no.RS-12-2778-F.  The complainant deposited Rs.600/- with the respondent no.1 on 12.8.2008.  But till date the meter has not been changed by the respondent no.1  The complainant again moved the application on 12.2.2008 and 8.4.2008 through her husband and status of the meter has been written by the officials that meter is stopped on 24.4.2008.  The complainant was/is receiving the bill on average basis since last about 7 years and the said bill has also not been corrected.  However, under memo no.8/4547 dated 29.7.2015 the AEE has overhauled the account and has demanded Rs.4161/- for overhauling the account illegally and wrongfully and that amounts to a grave deficiency in service on the part of the respondent. So, she has come to this Forum and has filed the present complaint.

2.       The respondents appeared and have filed the written statement submitting therein that they are issuing the electricity bills as per rules of the Nigam and there is no fault on the part of the respondents of any kind.  The notice vide memo no.8/4547 dated 29.7.2015 for Rs.4161/- sent to the complainant is legal and valid.  The complainant is not entitled for any relief and compensation and thus, prayed for the dismissal of the present complaint.

3.       We have heard the arguments advanced by both the learned counsel for the parties at length.  All the documents have been perused very carefully and minutely.  

4.       Ld. Counsel for the complainant has submitted that the complainant the consumer of the respondents vide account no.RS-12-2778F(old no.A-441) from the respondents.  The complainant made a complaint to the respondent no.1 regarding checking of the functioning of her meter no.RS-12-2778-F.  The complainant deposited Rs.600/- with the respondent no.1 on 12.8.2008.  But till date the meter has not been changed by the respondent no.1  The complainant again moved the application on 12.2.2008 and 8.4.2008 through her husband and status of the meter has been written by the officials that meter is stopped on 24.4.2008.  The complainant was/is receiving the bill on average basis since last about 7 years and the said bill has also not been corrected.  However, under memo no.8/4547 dated 29.7.2015 the AEE has overhauled the account and has demanded Rs.4161/- for overhauling the account illegally and wrongfully and that amounts to a grave deficiency in service on the part of the respondent.

         Ld. Counsel for the respondents has submitted that they are issuing the electricity bills as per rules of the Nigam and there is no fault on the part of the respondents of any kind.  The notice vide memo no.8/4547 dated 29.7.2015 for Rs.4161/- sent to the complainant is legal and valid.  The complainant is not entitled for any relief and compensation.

         The respondents in support of their case has placed on record Ex.R1 i.e. Internal Audit Half Margin report vide which the account of the complainant was overhauled for the period 7/11 to 6/12.  The actual consumption has not been mentioned in this document any where.  Further what is the base for overhauling the account of the complainant w.e.f. 7/11 to 6/12.

         The respondents have demanded Rs.4161/- from the complainant vide notice dated 29.7.2015.  But in our view, the respondents have no right to charge or recover the amount of Rs.4161/- from the complainant for the period 7/11 to 6/12 vide memo no.8/4547 dated 29.7.2015.  In our view, the respondents have no right to charge the said amount after the expiry of two years.    In our view, Section 56(2) of Indian Electricity Act, 2003 is fully applicable to the case in hand and the observation of this Forum is fully fortified by the decision of the Hon’ble State Commission, Haryana, Panchkula, rendered in First appeal no.54 of 2014 decided on 29.1.2014 titled as SDO Versus St. Hoshiyari Devi wherein it is specifically held that “No sum could be recovered from the consumer after the period of two years from the date when it became first due.”.

         So, it is held that the demand of Rs.4161/- raised by the respondents vide memo dated 29.7.2015 is wrong, illegal and totally unjustified and the complainant is not legally liable to pay the same to the respondents. The respondents are directed to withdraw the aforesaid illegal amount from the account of the complainant.  The respondents are further directed to install the electricity meter in the premises of the complainant, if not installed yet.

         With these observations, findings and directions, the present complaint stands allowed.

         Certified copy of this order be provided to both the parties free of cost.

         File be consigned after due compliance.

 

 

 

(Prabha Wati) (JL Gupta)            (Nagender Singh)           

Member,DCDRF, Member, DCDRF           President, DCDRF

Sonepat.      Sonepat.                Sonepat.

 

Announced 19.08.2016