Haryana

Yamunanagar

CC/865/2012

Pritam Yadav S/o Suraj Lal Yadav - Complainant(s)

Versus

S.D.O. UHBVNL - Opp.Party(s)

Vikas Kamboj

16 May 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                    Complaint No. 865 of 2012.

                                                                                    Date of institution: 13.08.2012

                                                                                    Date of decision: 16.05.2016.

Pritam Yadav aged about 53 years son of Sh. Suraj Lal Yadav resident of Gulab Nagar, Jagadhri, Tehsil Jagadhri, District Yamuna Nagar.

                        …Complainant.

 

                                    Versus

S.D.O., U.H.B.V.N.L, Sub Division, Jagadhri, District Yamuna Nagar.

 

                                                                                                                                     ...Respondent.  

 

BEFORE:       SH. ASHOK KUMAR GARG, PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Vikas Kamboj, Advocate, counsel for complainant.

              Sh. Zile Singh, Advocate, for respondent.   

 

ORDER

 

1.                     Complainant Sh. Pritam Yadav has filed the present complaint under section 12 of the Consumer Protection Act 1986.     

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the complainant is having a domestic electricity connection bearing account No. Y31-JC-20-1087M and paying all the electricity bills regularly. In September, 2011, the complainant was found that the electricity meter installed at his residence was lying dead and not working, therefore, he moved an application to the Op to check the meter and replace the same. The said application was duly received by the officials of the OP on 26.09.2011 but the officials of OP did not take any action and kept on sending the electricity consumption bills regularly firstly on minimum basis and after that on fixed units.  In the month of July, 2012, the Op Issued a bill bearing No. 1838 dated 24.07.2012 showing the consumed unit as 800 unit worth Rs. 4025/- which much more than the actual consumption of the electricity. The complainant again moved an application on 03.08.2012 to the OP but inspite of that Op did not replace the meter of the complainant. This act of the OP constitute deficiency in service. Hence, this complaint praying therein that the OP be directed to immediate replace the defective meter with new one and further to withdraw the bill bearing No. 1838 dated 24.07.2012 alongwith previous bills since first application dated 26.09.2011 and to issue fresh bills and further to pay compensation as well as litigation expenses.     

3.                     Upon notice, OP appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable; no cause of action; complainant has concealed the true and material facts from this Forum and on merit it has been admitted that the electricity meter of the complainant was defective so the bills were sent to the complainant on the basis of fixed units and it was told to the complainant to purchase a new electric meter from open market as the electric meters are not available with the OP and further it was also told to the complainant that after installation of the new electric meter, the account of the complainant will be overhauled by the OP and further it was found that any amount charged excess then the same will be adjusted of the last six months. Lastly, prayed for dismissal of complaint being no deficiency in service or unfair trade practice on the part of OP.    

4.                     To prove the case, complainant’s counsel has tendered affidavit of complainant as Annexure CW/A and documents such as Photo copy of bill dated 24.07.2012, 26.09.2011, 23.11.2011, 30.01.2012 as Annexure C-1 to C-4, Photo copy of application dated 26.09.2011 for replacement of electric meter as Annexure C-5, Reminder dated 03.08.2012 as Annexure C-6, Photo copy of bill dated 29.09.2015 as Annexure C-7 and Checking report as Annexure C-8 and closed the evidence on behalf of complainant.     

5.                     On the other hand, counsel for the OP tendered into evidence affidavit of Sh. Ravi Kajal, SDO (OP) UHBVNL Sub Division City Jagadhri as Annexure RW/A and document such as Photo copy of ledger of account as Annexure R-1 and closed the evidence on behalf of OP.

6.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully. Learned counsel for the complainant reiterated the averments made in the complaint and prayed for its acceptance whereas the counsel for the opposite parties reiterated the averments made in the reply and prayed for its dismissal.

7.                     The only grievance of the complainant is that in September 2011, complainant found his electricity meter installed at his residence lying dead and on this he moved an application on 26.9.2011 (Annexure C-5) to the Op to replace the same and reminder was also given on 03.08.2012 (Annexure C-6). Despite that the OP did not replace the meter and kept on sending the electricity bills on average fixed basis. Firstly, the bill was sent for the month of 03/2012 for 200 units consumed and after that in May, 2012 the electricity bill was sent for 400 units and after that from the month of July, 2012 to January, 2013 the electricity bills were sent on fixed 800 units on average basis.

                        During the course of arguments, learned counsel for the OP stated that the electricity meter of the complainant has been replaced vide MCO dated 10.02.2014 but till today his electricity account has not been overhauled by the Department. We have also perused the account statement filed by the OP (Annexure R-1) from which it is evident that from the month of January 2012, the meter of the complainant remained out of order as new and old reading has been shown as 3755 units but electricity bill has been raised for 195 units and after that the electricity bills have also been issued for the units of 200, 400 and 800 respectively on the fixed basis.

                        Learned counsel for the Op has admitted during the course of arguments that account of the complainant has not been overhauled till today after the MCO in the month of February 2014 for the period in which the meter of the complainant remained out of working. Hence, we have no option except to partly allow the complaint of complainant.

                        Resultantly, we partly allow the complaint of complainant and direct the OP to overhaul the account of the complainant for the previous period i.e. from 09/2011 to 02/2014 i.e. date of MCO on the basis of consumption of 12 months from April 2014 i.e. after MCO to February 2015 of new electric meter installed in the month of February, 2014 in the premises of complainant.  After overhauling the account of the complainant for the previous period, if any amount becomes due towards the complainant, the same be recovered from him as per rules of the Nigam and if any amount becomes due towards the OP the same be refunded to the complainant. The OP is also directed to charge the actual amount of new electric meter consumption charges from the complainant and also to pay Rs. 2000/- as litigation expenses to the complainant.  Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law.  Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance. 

Announced: 16.05.2016.

                                                                                    (ASHOK KUMAR GARG)

                                                                                    PRESIDENT

 

 

                                                                                    (S.C.SHARMA)

                                                                                     MEMBER