Haryana

Karnal

CC/180/2021

Sat Pal - Complainant(s)

Versus

S.D.O. Uttar Haryana Bijli Vitran Nigam Limited - Opp.Party(s)

Nidhi Rani

13 Mar 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 180 of 2021

                                                        Date of instt.24.03.2021

                                                        Date of Decision:13.03.2023

 

Satpal aged 45 years son of Shri Ram Chander, resident of village Sikri Tehsil Indri, District Karnal, Aadhar no.9442 8395 8832.

 

                                               …….Complainant.

                                              Versus

 

S.D.O. U.H.B.V.N. Ltd. Indri, Karnal.

                                                                      …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: Shri Nidhi Rani, counsel for the complainant.

                    Shri Jasbir Singh, counsel for the OP.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is consumer of the OP, vide domestic electricity supply connection no.K-L24-IJ24-2293, account no.3162031000. The complainant has made payment of the bill of March, 2020 amounting to Rs.321/- and subsequently from March 2020 to October 2020, the complainant has not received any bill from the OP and due to non-availability of bill, complainant remained unable to deposit the same. Thereafter, complainant received a bill in the month of December, 2020 amounting to Rs.6905/- which was paid by the complainant, vide receipt dated 30.12.2020. Complainant moved an application to the OP on 10.02.2021 stating therein that he has not received the bill timely due to which he had remained unable to make payment in due time. It is further averred that OP has issued the bill dated 28.01.2021 amounting to Rs.32877/- including the surcharge due date of which was 12.02.2021 and same was received after the expiry of due date and as such complainant remained unable to make the payment of the said bill in time. Complainant visited the office of OP several times and requested for correction/rectification of the said bill but OP did not pay any heed to the request of complainant and lingered the matter on one pretext or the other. Then complainant sent a legal notice dated 23.02.2021 to the OP but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version, raising preliminary objections with regard to maintainability; jurisdiction; cause of action and concealment of true and material facts. On merits, it is pleaded that all the bills were issued to the complainant but he did not pay the same, thereafter, OP issued bill bearing no.316203542346 dated 28.01.2021 to the tune of Rs.32398/- for 254 days, for 5746.71 units consumed by the complainant from 15.05.2020 to 24.01.2021. Prior to this complainant deposited an amount of Rs.5473 with the OP. The same was deducted from the due amount of Rs.37,717/-. So, bill issued to the complainant is correct and complainant is liable to pay the same. It is further pleaded that the amount deposited by the complainant has already been deducted in the bill dated 28.01.2021. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Complainant has tendered into evidence his affidavit Ex.CW1/A, copy of electricity bill dated 08.03.2020 Ex.C1, copy of payment receipt Ex.C2, copy of electricity bill dated 16.11.2020 Ex.C3, copy of payment receipt Ex.C4, copy of electricity bill dated 28.01.2021 Ex.C5, copy of legal notice Ex.C6, postal receipt Ex.C7, Regd. AD Ex.C8, copies of electricity bills and payment receipts Ex.C9 to Ex.C14 and closed the evidence on 21.12.2021 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Satya Parkash CA Ex.OP1/A, copy of ledger detail Ex.OP1, copy of bill dated 28.01.2021 Ex.OP2 and closed the evidence on 15.06.2021 by suffering separate statement.

6.             We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant has taken an electricity connection from the OP. Complainant has not received the bills and due to non-availability of bill, complainant remained unable to deposit the same and in this regard on 10.02.2021 complainant moved an application to the OP.  OP has issued the bill dated 28.01.2021 amounting to Rs.32877/- due date of which was 12.02.2021 and same was received after the expiry of due date and so that complainant remained unable to pay the said bill in time. Complainant visited the office of OP several times and requested for correction/rectification of the said bill but OP did not pay any heed to the request of complainant and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that all the bills were issued to the complainant but he did not pay the same.  OP issued bill dated 28.01.2021 to the tune of Rs.32398/- for 254 days, for 5746.71 units consumed by the complainant from 15.05.2020 to 24.01.2021. The bill issued to the complainant is correct and complainant is liable to pay the same and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Complainant has taken a plea that he had not received the electricity bill from March, 2020 to October, 2020 and when he received the electricity bill, he was shocked to see that OP has imposed the surcharge, penalty etc. The Covid-19 was on peak at that period and the possibility of not receiving the bill cannot be ruled out. Complainant has already paid Rs.6905/- on 30.12.2020 upto consumption of November, 2020. Complainant moved an application Mark-A to the OP with regard for not receiving the electricity bill in time. On 28.01.2021 OP issued a bill of Rs.32871/- including surcharge for the period from 15.05.2020 to 24.01.2021 while the complainant had already paid electricity bill upto November, 2020. It appears that OP has not issued the electricity bill in time and as per the actual consumption and imposed the surcharge in said bills.

11.           Thus, as a sequel to abovesaid discussion, we dispose off the present complaint with the direction to the OP to issue the fresh electricity bill as per actual meter reading, for the period of 15.05.2020 to 24.01.2021 and charged the same without imposing any penalty or surcharge etc. If complainant has already paid any amount of this period, the same shall be adjusted in the fresh bill issued by the OP and after adjusting the amount, if any amount is remained/pending the complainant will bound to pay the same. No order as to costs. Pending application(s), if any, also be disposed off accordingly. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:13.03.2023                                                                       

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

       

(Vineet Kaushik)             (Dr. Rekha Chaudhary)

                     Member                          Member