Haryana

Sonipat

CC/20/2016

Smt. Meena Chauhab W/o Ashok Chauhan - Complainant(s)

Versus

S.D.O. U.H.B.V.N.L. - Opp.Party(s)

Mannu Malik

28 Jul 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

 

                Complaint No.20 of 2016

Instituted on: 18.01.2016                                                     

Date of order: 28.07.2016

 

 

Smt. Meena Chauhan wife of Ashok Chauhan, resident of H.No.F-138, TDI City, Kundli, distt. Sonepat.

 

…Complainant.          Versus

SDO UHBVN Ltd., Sub Division Rai, district Sonepat.

                                                                                                …Respondent.

 

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Mannu Malik, Adv. for complainant.

           Sh. Amit Balyan, Advocate for respondent.

 

Before-    Nagender Singh-President.

          Prabha Wati-Member.

           J.L. Gupta-Member.

 

O R D E R

 

         Complainant has filed the present complaint against the respondent alleging therein that she applied for a temporary electricity connection for construction of her house in the year 2014 and after completion of the construction, the complainant requested the respondent to install a permanent domestic electricity connection with sanctioned load of 15 KW and the complainant was released domestic connection no.RS-26-112-N.  The complainant was surprised to receive the bill dated 10.4.2015 for Rs.101915/- from the respondent in which Rs.95623/- were shown under the head of sundry charges.  On asking of the respondent, the complainant deposited Rs.7000/- against the bill dated 10.4.2015.  Thereafter the respondent further issued the bill in the month of 6/15, 8/15, 10/15 which are also wrong and illegal.  Now the respondent has issued the bill dated 11.12.2015 for Rs.157750/- in which Rs.150123/- has been charged under the head of arrears.  The complainant has alleged the said demand of Rs.150123/- of the respondent to be wrong and illegal. So, she has come to this Forum and has filed the present complaint.

2.       In reply, the respondent has alleged that the bill issued to the complainant are legal and   correct. The bill dated 10.4.2015 of Rs.101915/- includes Rs.95623/- on account of transfer of old account no.T/1389 in the same name and same consumer, Rs.67882/- on account of H/M NO.91 dated 21.1.2015 and Rs.27741/- in ledger) and the complainant is liable to pay the same to the respondent.  Similarly the bills for the month of June, August and October/2015 are also legal.  The bill of Rs.150123/- is also legal, correct and the complainant is liable to pay the same to the respondent. The allegations leveled by the complainant are wrong and false 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.  

         Ld. counsel for the complainant has submitted that the complainant applied for a temporary electricity connection for construction of her house in the year 2014 and after completion of the construction, the complainant requested the respondent to install a permanent domestic electricity connection with sanctioned load of 15 KW and the complainant was released domestic connection no.RS-26-112-N.  The complainant was surprised to receive the bill dated 10.4.2015 for Rs.101915/- from the respondent in which Rs.95623/- were shown under the head of sundry charges.  On asking of the respondent, the complainant deposited Rs.7000/- against the bill dated 10.4.2015.  Thereafter the respondent further issued the bill in the month of 6/15, 8/15, 10/15 which are also wrong and illegal.  Now the respondent has issued the bill dated 11.12.2015 for Rs.157750/- in which Rs.150123/- has been charged under the head of arrears.  The complainant has alleged the said demand of Rs.150123/- of the respondent to be wrong and illegal.

         On the other hand, ld. Counsel for the respondent has submitted that the bill issued to the complainant are legal and   correct. The bill dated 10.4.2015 of Rs.101915/- includes Rs.95623/- on account of transfer of old account no.T/1389 in the same name and same consumer, Rs.67882/- on account of H/M NO.91 dated 21.1.2015 and Rs.27741/- in ledger) and the complainant is liable to pay the same to the respondent.  Similarly the bills for the month of June, August and October/2015 are also legal.  The bill of Rs.150123/- is also legal, correct and the complainant is liable to pay the same to the respondent.

         In the present case, the respondent in support of their case has placed on record Annexure R1 Internal Audit Deptt. Half Margin report and sundry detail Annexure R2.  But the respondent has not placed on record any ledger of the account no.TC-01-1389 and account no.TC-02-1198 M/s G.P.A. Food to prove that these meters were connected with the complainant’s meter or to prove that any amount is pending against the complainant towards the alleged meter.  Initially the disputed amount was Rs.95623/- and the respondent has also charged the arrears on the aforesaid amount also.  But in our view, the said initial amount of Rs.95623/- was not chargeable from the complainant.  Accordingly, it is directed to the respondent to deduct from the complainant’s account the amount of Rs.95623/- alongwith subsequent surcharge, charged from the complainant.

         Further the perusal of the case file shows that vide order dated 18.01.2016, the complainant was directed to deposit Rs.50,000/- in lumpsum with ther respondent against the bill dated 11.12.2015 and if the above said amount was deposited by the complainant, in that event, it is directed to the respondent to adjust the above said amount in future bills of the complainant.

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

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

         File be consigned after due compliance.

 

 

(Prabha Wati)(J.L.Gupta)         (Nagender Singh)           

Member,DCDRF, Member,DCDRF        President, DCDRF

                                 Sonepat.

 

Announced 28.07.2016