Haryana

Yamunanagar

CC/1109/2011

Rani Devi W/o. Mohan Sagar - Complainant(s)

Versus

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

None for complainant.

16 Nov 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                    Complaint No.  1109 of 2011.

                                                                                    Date of institution: 2.11.2011.

                                                                                    Date of decision: 16.11.2015.

Rani Devi aged 58 years wife of Shri Mohan Sagar resident of House No. 20/A, Sagar Kunj, Old Chhachhrauli Road, Near Water Tank, Jagadhri, District Yamuna Nagar.

 

                                                                                                         …Complainant.

                                    Versus

 

1. The S.D.O. (OP), Uttari Haryana Bijli Vitran Nigam Limited, Jagadhri, Distt. Yamuna Nagar.
2. X.E.N. Uttari Haryana Bijli Vitran Nigam Limited, Yamuna Nagar.
3. Uttari Haryana Bijli Vitran Nigam Limited, through its Chairman, Shakti Bhawan, Sector-6, Panchkula.  

 

                                                                                                            …opposite parties. 

 

CORAM:          SH. ASHOK KUMAR GARG, PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present: None for complainant. 

              Sh. D.S. Kamboj, Advocate, counsel for OPs.    

 

ORDER

           

1.                     Brief facts of the present complaint, as alleged by the complainant, are that complainant is having an electricity connection bearing account No. JC-20/0094W-C at her premises since 1996 and paying the bills regularly. The sanctioned load on the electricity connection of the complainant is 6 KW from the date of release of connection i.e. 1996 and the bills came in the figures between Rs. 2000/- to Rs. 3000/- which stood paid by the complainant regularly and at present there is nothing due against the complainant. In the month of September 2011, the complainant received a bill No. 1458 dated 26.9.2011 from the respondents (hereinafter referred as OPs) of amounting to Rs. 11265/- extra besides consumption charges. The complainant approached the OPs to clarify the same but all in vain. The OPs demanded illegal amount from the complainant and there is an unfair trade practice and also deficiency in service on the part of OPs and praying that OPs be directed to restrain from disconnecting the electricity connection of the complainant and further not demanding illegal amount of Rs. 11265/- raised by them vide bill No. 1458 dated 26.9.2011 and further to pay compensation as well as litigation expenses. Hence this complaint. Affidavit to this effect filed.  

2.                     Upon notice, opposite parties appeared through counsel and filed written statement by taking some preliminary objections such as complainant has no locus standi, has not come to this Forum with clean hand and on merit it has been admitted that one domestic connection bearing No. JC-20/0094W-C is standing in the name of complainant. Previously, the meter of the complainant was changed vide MCO No. 69/SN/290 dated 10.12.2006 as the same was dead stop  and on the basis of new meter which has been installed in the house of complainant on the basis of consumption shown by that meter. The account of the complainant was overhauled for the month of July 2006, September 2006 and November 2006 on the basis consumption shown by the new meter for the month of July 2007, September 2007 and November 2007 and after adjusting the amount already paid by the complainant an amount of Rs. 11265/- found outstanding towards the complainant at the time of audit by the Internal Audit Department of the Nigam and this amount has been demanded by the OPs by adding the same in the bill of September 2011. All other allegations leveled in the complaint are denied and lastly has been stated that there is no deficiency in service, hence the complaint is liable to be dismissed. Affidavit to this effect filed by Sh. S.L. Goel, SDO, UHBVNL Jagadhri.

3.                       Evidence of both the parties was closed by court order on 21.9.2015 as both the parties failed to produce evidence despite so many opportunities being last and with costs. However, at the time of filing of complaint the complainant has filed some documents i.e. electricity bills for the period from January 2009 to July 2011 besides the impugned bill bearing No. 1458 dated 26.9.2011 of amounting to Rs. 14446/- in which an amount of Rs. 11265/- has been shown as sundry charges.

4.                     We have heard the learned counsel for the OPs and have gone through the pleadings as well as documents attached with the file very minutely and carefully.

5.                     It is not disputed that complainant is having an electricity connection bearing account No. JC-20/0094W-C. The only contention of the complainant is that OPs have demanded a sum of Rs. 11265/- vide bill No. 1458 dated 26.9.2011 showing as sundry charges, which is illegal and liable to be quashed as the complainant is paying the consumption charges regularly and nothing is due against the complainant.

6.                     On the other hand, counsel for the OPs hotly argued that the meter of the complainant was changed vide MCO No. 69/SN/290 dated 10.12.2006 as the same was dead stop and the account of the complainant was overhauled for the month of July 2006 to November 2006 on the basis of consumption shown by the new meter for the month of July 2007 to November 2007 and after adjusting the amount already paid by the complainant, an amount of Rs. 11265/- found outstanding towards the complainant at the time of Audit by the Internal Audit Department of the Nigam and this amount has been demanded by the OPs by adding the same in the bill of September 2011 and prior to this neither any notice nor any opportunity of personal hearing has been given to the complainant. Further this contention has also been admitted by the OPs in their written statement that MCO was done on 10.12.2006 vide No. 69/SN/290 dated 10.12.2006 and the account of complainant was overhauled for the month of July 2006 to November 2006 and this amount has been demanded by the OPs by adding the same in the bill of September 2011 but the Ops kept mum for raising any demand for a period of near about 4 years. Further the OPs failed to file any affidavit or any cogent evidence showing the calculation or adjustment of the account of complainant and in the absence of any cogent evidence it cannot be presumed that account of the complainant has been overhauled correctly.

 7.                    After going through the relevant documents, it is admitted on the record that meter of the complainant was changed on 10.12.2006 and an amount of Rs. 11265/- has been pointed out by the Internal Audit Department in the month of September 2011 vide bill No. 1458 dated 26.9.2011  after a period of near about 4 years which is patently illegal in the light of Section 56(2) of the Electricity Act, 2003 wherein it has been clearly mentioned that no sum due from any consumer under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity. The meter of the complainant was changed on 10.12.2006 but the local account department of the opposite parties not overhauled the account of the complainant for next two years till the Audit by Internal Audit Department and amount of Rs. 11265/- has been demanded only Ist time on 26.9.2011 by the OPs. It shows that the local official of the opposite parties was totally negligent and hence, there is great deficiency on the part of the opposite parties.  As such, the complainant is entitled for relief qua waiving of the amount of Rs. 11265/- levied by the opposite parties vide bill No. 1458 dated 26.9.2011.           

8.                     Resultantly, we partly allow the complaint of complainant and direct the opposite parties not to charge the amount of Rs. 11265/- from the complainant which has been shown as average adjustment in the bill dated 26.9.2011 and the same is hereby quashed and if any amount has been deposited against this bill the same be refunded to the complainant alongwith interest at the rate of 7% per annum from the date of deposition till realization and further to issue correct bill as per actual consumption. Parties are left to bear their own costs. 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: 16.11.2015.

 

                                                                                                (ASHOK KUMAR GARG)

                                                                                                PRESIDENT

 

 

                                                                                                (S.C.SHARMA)

                                                                                                MEMBER