District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.149/2022.
Date of Institution: 10.03.2022.
Date of Order: 28.10.2024.
Smt. Saroj Devi aged 58 years W/o Sh. Om Parkash R/o H.NO. MCF-2064, Block-B, Gali No. 17, 25’ Road, Near Church, S.G.M. Nagar, Faridabad Aadhar card No. 6563 2127 3585.
…….Complainant……..
Versus
1. SDP (OP), D.H.B.V.N.L, Sub Division, F-14, No. 4 NIT, Faridabad.
2. XEN, DHBVNL. Sector-23, Faridabad.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma………..Member
Indira Bhadana………….Member.
PRESENT: Sh. N.C.Verma, counsel for the Complainant.
Sh. Gajender Chauhan, counsel for opposite parties No.1 & 2.
ORDER:
The facts in brief of the complaint are that previously the husband of the complainant namely Sh. Om Parkash was the holder an electricity connection bearing account BNO. 7777430000 (Old A/c. No. 121145DUSB140655), which was installed at H.No. B-514, Sanjay Colony, Distt. Faridabad and after the death of her husband the complainant was paying the electricity charges regularly to the opposite parties. The Old electricity meter of the complainant premises was not working properly in the year 2018. The complainant made several complaints to the opposite parties to replace the said meter with a new one but after sanctioning the new meter to the complainant, the same was not replaced with after repeated requests and reminders of the complainant due to which the complainant was paying heavy bills on average basis since the year 2018. After best efforts of the complainant to make complaints to the Higher Officials including C.M.Window Faridabad, the opposite parties had changed the meter in the month of September,2021. The complainant received a bill NO. S821J1002149QUS3551 dated 10.10.2021 for a sum of Rs.4,481/-. The complainant deposited the same. The complainant got shocked and surprised when she received another bill No. S82110802291QUS4585 dated 08.12.2021 for a sum of Rs.6,364/-, in which the opposite parties had showed that a sum of Rs.1,957.31 paisa as arrears. Rather there was no arrears towards the complainant as the complainant was regularly paying the electricity charges to the opposite parties. After receiving the said bill the complainant immediately rushed to the opposite party NO.1 and made a complaint regarding the said bill. Upon which the opposite party No.1 had advised to the complainant to deposit the same and assured the complainant that excess amount would be adjusted in her upcoming bill. The complainant got shocked and surprised when she received another bill for the month of February,2022 vide bill NO. S82280702291QUS3662 dated 07.02.2022 for a sum of Rs.28,403/-, in which the arrears of the complainant had showed as Rs.28,013/-. Rather there was no outstanding towards the complainant against the said electricity and excess amount of the complainant had deposited with the opposite parties. The complainant immediately rushed to opposite party No.1 and disclosed him about the said excess blll amount. Upon which the opposite party No.1 and its office bearer had disclosed to the complainant that her old electricity meter was burnt. When the complainant disclosed to the opposite party No.1 and its officials that her previous meter was not burnt and she had strict proof in this regard and requested the opposite party No.1 to show the previous record of her old meter. Upon which the opposite party No.1 and its office bearer had deleted all the records of his previous meter infront of the complainant and taunted the complainant by making jokes upon her. When the complainant disclosed to them that their said act was not good towards the old aged mother of a Indian Army Officer as well as old aged woman then the opposite party No.1 and his office bearer told to the complainant that “what would do his son” and threatened the complainant that if she would not deposit the payment of said bill then they would disconnect the electricity connection of the premises of the complainant and would also lodged a false FIR against her by booked her in the offence of theft of electricity. Thereafter the complainant approached to opposite party No.2 but he also supported the version of the opposite party No1 and its officials by threatening the complainant to disconnect her electricity connection as well as to book her in the false case of theft of energy. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) declare that bill No. S82110802291QUS4585 dated 08.12.2011 for a sum of Rs.6,364/- and bill NO. S82280702291QUS3662 dated 07.02.2022 for a sum of Rs.28,403/- were null and void and having no authenticity in the eyes of law.
b) correct the above said bills according to actual meter reading and adjust the excess amount deposited by the complainant in her bills and also direct the opposite parties to send the correct and actual bills as per meter reading to the complainant in future.
c) pay Rs.2,00,000/- as compensation for causing mental agony and harassment .
d) pay Rs. 21,000 /-as litigation expenses.
2. Opposite parties Nos.1 & 2 put in appearance through counsel and filed written statement wherein Opposite parties Nos.1 & 2 refuted claim of the complainant and submitted that as per the records available with the answering opposite parties, there was an electricity connection bearing its account NO.7777430000, which was in the name of sh. Om Parkash and the same had been installed over the premises bearing House No. B-514, Sanjay colony, Faridabad. The user of the above said electricity connection always remained irregular in making the payment of consumption charges to the opposite parties. As per audit report/records available with the opposite parties, the complainant had failed to make the payment of amount of Rs.6364/- as mentioned in bill dated 08.12.2021 and further she failed to make the payment of amount of Rs.28,403/- as mentioned in the bill dated 07.02.2022. It was the complainant, who instead of making the payment of said amounts to the opposite parties, had filed this complaint as against the opposite parties. The opposite parties reserve their right that in case of non-payment of the amount sin question by the complainant, they would disconnect the electricity connection installed over the premises of the complainant. Opposite parties Nos. 1 & 2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties– D.H.B.V.N with the prayer to: a) declare that bill No. S82110802291QUS4585 dated 08.12.2011 for a sum of Rs.6,364/- and bill NO. S82280702291QUS3662 dated 07.02.2022 for a sum of Rs.28,403/- were null and void and having no authenticity in the eyes of law. b)correct the above said bills according to actual meter reading and adjust the excess amount deposited by the complainant in her bills and also direct the opposite parties to send the correct and actual bills as per meter reading to the complainant in future. c) pay Rs.2,00,000/- as compensation for causing mental agony and harassment . d) pay Rs. 21,000 /-as litigation expenses.
To establish his case, the complainant has led in his evidence Ex.CW1/A – affidavit of Saroj Devi, Ex.C-1 – photo, Ex.C-2 to C-6 –payment receipts, Ex.C-7 – Electricity bill dated 07.02.2017,, Ex.C-8 – bill dated 08.04.2017,Ex.C-9 – bill dated 29.01.2018, Ex.C-10 – bill dated 08.02.2018, Ex.C-11 – bill dated 10.04.2018, Ex.C-12 – bill dated 11.06.2018, Ex.C-13 – bill dated 13.10.2018, Ex.C-14 – bill dated 11.12.2018, Ex.C-15 – bill dated 14.02.2019, Ex.C-16 – bill dated 08.04.2019, Ex.C-17 – bill dated 14.06.2019, Ex.C-18 – bill dated 08.08.2019, Ex.C-19 – bill dated 08.10.2019, Ex.C-20 – bill dated 08.12.2019, Ex.C-21 – bill dated 08.02.2020, Ex.C-22 – bill dated 08.06.2020, Ex.C-23 – bill dated 30.12.2021, Ex.C-24 – bill dated 07.02.2022, Ex.C-25 – bill dated 10.10.2021, Ex.C-26 – bill dated 08.12.2021,
Shri Gajender Singh Chauhan, counsel for opposite party has suffered a statement that written version filed by the opposite party may be read as evidence on behalf of opposite parties. Accordingly, evidence on behalf of opposite parties have been closed vide order dated 17.02.2023.
6. During the course of arguments, counsel for the complainant has placed on record the details of bill amount which was paid by the complainant vide Annx. X
7. During the course of arguments, counsel for opposite parties stated at Bar that opposite parties have already adjusted the paid amount in the account of the complainant. But the counsel for the complainant argued at length and stated at Bar that it is not shown in my bill. Hence, the Commission is of the opinion that the complaint is disposed off with the direction to opposite party to:
i) process the claim of the complainant
i) Overhaul the account of the complainant vide Annx. X
ii) Adjust the paid amount.
iii) Opposite party will mark that amount adjusted by the opposite parties and send a copy of that bill to the complainant.
There are no order as to costs.. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 28.10.2024 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
