Haryana

Charkhi Dadri

cc/12/2019

Manoj Kumar Yadav - Complainant(s)

Versus

S.D.O OP Division city DHBVN, - Opp.Party(s)

Complainant in Person

16 Nov 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                                        Complaint Case No. 12 of 2019

                                                                        Date of Institution: 26.8.2019

                                                                        Date of Decision: 16.11.2023

 

Manoj Kumar Yadav son of late Sh. Surajbhan Yadav, resident of Ward No. 4, Charkhi Dadri, Tehsil and District Charkhi Dadri.

                                                                                                                      ..….Complainant.

Versus

1. S.D.O. OP Division, City DHBVN, Charkhi Dadri.
2. XEN, OP Division City DHBVN, Charkhi Dadri.
3. Dakshin Haryana Bijali Vitran Nigam, Vidyut Nagar, Hissar, through its Managing Director.                                                                                                                                                                                                                                                                                                           …....OPs/OPs.

                                   

COMPLAINT UNDER THE

                                    CONSUMER PROTECTION ACT

 

Before: -      Hon’ble Sh. Manjit Singh Naryal, President

                Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:          Complainant in person.

                      Sh. Kulwant Singh Phogat, Adv. for OPs.

           

ORDER:-

 

                  

                   Brief facts of the present complaint, according to the complainant, are that he is user of electricity connection No. 8435080000 for domestic purposes and paying all the bills regularly. It is averred that the meter was checked by the employee of the department on 27.4.2019 for regular reading and found that last digit of meter was showing half in size and asked the complainant to contact the department for replacement of meter. It is averred that an application was moved by the complainant to the OP No.1 on 2.5.2019, which was allowed and the meter of complainant was replaced by the OP after charging cost of meter i.e. Rs. 700/-vide receipt dated 8.5.2019. It is averred that thereafter the complainant received bill No. 84350475073 wherein the amount of Rs. 53.33 has been charged as meter service charges by the OPs. It is averred that the complainant has deposited the current disputed bill under protest for saving his connection for being disconnected and made an online complaint at DHBVN Portal and the complaint number is CMPB3200074963. It is averred that as per above circumstances, it is evidentiary establish that the complainant has been cheated by the concerned department as they even taken the cost of meter and also trying to charge the meter service charges as rental in the metered bills. It is averred that the complainant requested many times to the OPs for correction of the alleged bill as well as refund of amount of Rs. 53.33 ps and further not to charge the meter charges in upcoming bills, but the OPs did not pay any heed on the request of complainant. Hence, by alleging deficiency in service on the part of the OPs, the complainant seeks directions against the OPs to correct the bill of Rs. 856/- of complainant, not to file any criminal complaint in this regard and not to charge further meter service charge in upcoming bills and also pay compensation and the cost of litigation expenses to the complainant.

2.                On notice, the OP DHBVNL appeared and in its written statement, the OP denied the factum that the complainant made payment of Rs.700/-as meter cost. It is averred that the complainant has paid an amount of Rs. 600/-for the meter security and Rs. 100/-as meter installation charges but the complainant has not paid the meter cost till date. It is averred that the amount of Rs. 53.33 ps has been charged as meter service charges and the cost of meter has not been deposited by the complainant till today.  It is averred that the complainant is free to buy the meter from anywhere and he was not forced to buy the meter from the opposite party. It is averred that the meter service charges has to be paid by the customer where the meter was owned/provided by the nigam according to the instructions of the DHBVN. As such, it is averred that there is no deficiency in service on the part of the OPs and accordingly, dismissal of complaint has been sought by the OP.

3.                The complainant has tendered into evidence affidavit Ex. CW-1/A and documents Ex. C-1 to Ex. C-14 and closed the evidence on 17.12.2019.

4.                On the other hand, the OPs closed the evidence after tendering into evidence affidavit Ex. RW-1/A and documents Ex. RW-1/1 & Ex. RW-1/2 and closed the evidence on 3.2.2020.

5.                We have heard the arguments of complainant appearing in person and the learned counsel of OPs and have gone through the entire evidence so placed on record by both the parties very carefully and minutely.

        During the course of arguments, the complainant reiterated the contents of his complaint and the learned counsel of OPs reiterated the contents of written statement filed by OPs and drawn the attention of this Commission towards the documents so placed by them on behalf of the parties.

6.                We have observed that in the present complaint, the complainant alleges that he being user of the electricity connection No. 8435080000 is paying the bills of the nigam regularly and placed on record copies of bills Ex. C-1 to Ex. C-4 in this regard. It is submitted by the complainant that the said meter was checked by the employee of the department on 27.4.2019 and told that last digit of meter was showing half in size and asked the complainant to contact the department for replacement of meter. Upon this, an application (Ex. C-7) was moved by the complainant to the OP No.1 on 2.5.2019 for change of meter and the meter of complainant was replaced by the OP after charging cost of meter i.e. Rs. 700/-vide receipt dated 8.5.2019 (Ex. C-9). As per the allegations of complainant, before applying by the complainant for change of meter, the meter ownership was already changed by the OPs from Consumer Meter to Nigam Meter and this fact is clear from perusal of bills Ex.C-1 bill dated 29.3.2019 & Ex. C-2 bill dated 30.4.2019 because in bill Ex. C-1, the meter ownership is meter as Consumer Meter and in bill Ex. C-2, the meter ownership is mentioned as Nigam Meter. This shows that ownership of meter has been changed before moving of application by the complainant and deposit of amount of Rs. 700/-by him on 8.5.2019 (vide Ex. C-9). Hence, it is averred that there is deficiency in service on the part of the OPs and it is prayed by the complainant that the amount of Rs. 700/-paid by the complainant vide receipt (Ex. C-9) on 8.5.2019 to the OPs on account of change of meter and monthly rental as meter service charges be refunded to the complainant and the OPs be directed to correct the bill of Rs. 856/-and also not to file any criminal complaint against him and further not to charge any MSC in upcoming bills.

7.                 On the other hand, it is argued by the learned counsel of OPs that the complainant has paid an amount of Rs. 600/-for the meter security and Rs. 100/-as meter installation charges but the complainant has not paid the meter cost till date.

8.                We have perused the bill dated 29.3.2019 (Ex. C-1) which shows that the meter service charges was Zero and meter security was also mentioned Zero in the said bill, but in the subsequent bill dated 30.4.2019 (Ex. C-2), the OPs have shown meter service charge as Zero and meter security as Rs. 600/- which created doubt that the Complainant had already deposited the amount of Rs.600/-. However, the said amount of Rs.600/- was paid on 8.5.2019 when total amount of Rs.700/- was paid (ie. Rs.100/- towards meter installation charges and Rs.600/- towards Meter Security – Non Energy) (vide Ex. C-9). The OPs has asserted that this amount of Rs.700/- was including the amount of Rs.600/-as security amount + Rs. 100/-as installation charges. The OP had changed the ownership of the meter from ‘Consumer Meter’ (CM) as mentioned in the bill Ex. C-1 dated 29.3.2019 to “Nigam Meter” (NM) as mentioned in the bill Ex. C-2 dated 30.4.2019.

 9.      The Complainant had requested for change on Meter on 02/05/2019 and an amount of Rs.700/- was paid (i.e. Rs.100/- towards meter installation charges and Rs.600/- towards Meter Security – Non Energy) on 08/05/2019 as evident from Ex-9. Accordingly, the ownership of the meter could not be changed from CM to NM prior to 08/05/2019.  This is a mistake on the part of OP.

10.     The OP has asserted that security deposit is to be deposited and meter service charges are to be paid if the Meter is supplied by the Nigam (OP). The old meter which was replaced was not provided by the OP, hence there were no security deposit and no meter service charges in earlier bills raised by the OP.  The OP further asserted that the meter was provided by the OP, hence the same contains Security Deposit – Rs.600/- and meter service charges – Rs.53.33 as contained in Bill dated 25/07/2019 (Ex-C-3).   

11.              In view of our aforesaid discussions and findings, we are of the considered view that the OPs have wrongly mentioned meter security – Rs.600/- in Bill dated 30/04/2019 (Ex. C-1) while the amount was deposited on 08/05/2019 by the complainant vide receipt (Ex. C-9). This mistake on the part OP is the reason for genesis of the present complainant.  Hence, the OP is responsible for filing of the present complainant by the Complainant.

12.     Therefore, we hereby direct the OPs as under:

1. To allow the Complainant to arrange his own meter and enjoy the benefit of non paying any meter service charges as he was enjoying  prior to installation of new meter.
2. To refund/adjust the amount of Rs. 600/-deposited as Meter Security – Non Energy paid vide Receipt No.843508068006 dated 08/05/2019 (Ex. C-9) and not to charge any meter service charges on compliance of direction given at (i) above.  
3. To pay a sum of Rs. 3000/-(Rupees three Thousand only) to the complainant on account of mental agony, harassment etc. on this account.
4. To pay a sum of Rs. 3000/-(Rupees three Thousand only) to the complainant on account of litigation charges. on this

account.

13.       The present complaint stands allowed in the manner as indicated above.

14.           The above order be complied within 45 days from the date of receiving the copy of this order.

15.              Certified copies of order be supplied to the parties free of costs.

16.               File be consigned after due compliance.

Announced.

Dated: - 16.11.2023