Haryana

Charkhi Dadri

cc/113/2019

Siriniwas Bindal - Complainant(s)

Versus

SDO DHBVN Operation Division Dhbvn - Opp.Party(s)

Manoj Kumar

24 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

                              

                                                                   Complaint No.: 113 of 2019.

                                                                   Date of Institution: 24.09.2019.

                                                                   Date of Decision: 24.07.2024

 

Shree Niwas Bindal S/o Sh. Om Parkash Binda, R/o Aashram Road, Charkhi Dadri, Tehsil & District Charkhi Dadri. Mobile No.8199985300

 

                                                                             ….Complainant.

 

                                      Versus.

1. S.D.O. DHBVN (O) Division, Charkhi Dadri.
2. Executive Engineer, DHBVN (O) Division, Charkhi Dadri.
3. S.E.. DHBVN, Circle, Bhiwani.

…...OPs.

 

                   COMPLAINT UNDER  THE CONSUMER PROTECTION ACT.

 

Sitting: -     Hon’ble Shri Manjit Singh Naryal, President,

                   Hon’ble Shri Dharam Pal Rauhilla, Member,

 

Present:       Shri Manoj Kumar Yadav, Adv. for the complainant.  

Shri Dharamvir Vashisth, Advocate for OP no.1 to 3 (Main Case).

Shri Kulwant Singh Phogat, Advocate for OP no. 1 to 3 (contempt   application)

 

 

O R D E R

1.           The facts of the complaint in brief, are that he is having a domestic electricity connection bearing No.5459470000 and meter no.7294279.  He used to making payment of electricity charges regularly. The above electricity connection in the name of Iswar Chand and the complainant is user of electricity supply through the said meter. Hence, he is a consumer qua respondents. It is further alleged that according to the above meter readings from 08.10.2018 to 31.12.2018 old 4802 and new 4956 i.e. 154 reading have been consumed and this bill for 84 days for Rs.1615/- which was later deleted by the department. Prior to this, the complainant deposited the bill regularly. Thereafter the bill dated 06.04.2019 was uploaded on the website, according the old reading of 4.06.2018 was 4502 and new reading of 16.03.2019 was shown as 13846 i.e. on showing consumption of 9344 reading, a bill of Rs.72847/- was given which is against the law. It is worth noting that when the complainant opened the website again to see the new and old reading of the bill amount of Rs.1615/-, the related bill amount of Rs.1615/- was deleted from the website due to negligence on their position.  The complainant repeatedly requested OPs to get the meter checked and get the complainant bill corrected so that payment could be made, when the complainant tried to match the reading recorded in his meter with the bill,  he saw the meter, he was surprised that the number of the meter which was installed earlier was recorded above and now the serial number of the meter which was installed recently is 5652860/8/13. It is surprising that how 9344 readings were consumed. Apart from this, how the meter number of meter number recorded in the name of the complainant and in the bills was changed, by which authority or which employees, this was a departmental manipulation, cheating.  Hence, it amounts to deficiency in service and negligence on the part of OPs because the complainant never applied to the department for any kind of technical issue or change in the meter and as such, he had to file the present complaint.
2.           The complaint of the complainant was admitted by this Commission and OPs were directed not to disconnect electricity connection if the complainant deposits 20% of the disputed bill amount vide order dated 25.11.2019.
3.           OPs on appearance had filed written statement alleging therein that reading of the complainant meter was noted on 04.06.2018 as 4502. Thereafter when the reading of the complainant’s meter was recorded on 16.03.2019, the reading of 13846 was shown. Thus a total of 9344 units were consumed in 285 days. According to the rules and instructions the total amount of electricity consumed was Rs. 72,847/- for which bill was issued on 31.03.2019. The bill has been issued correctly as per the rules and instructions of the department for the electricity used by the complainant and the complainant is bound to pay the said amount.  After installing meter no. 7294279, no other meter has been installed and the bill has been issued as per the reading recorded in the meter. So, the amount charged from the complainant is correct and legal and he is bound to deposit the same with the Nigam. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of the OPs and as such, the complaint of the complainant is liable to be dismissed with costs. 
4.           Complainant has tendered affidavit Ex.CW1/A, documents Ex. C1 to Ex. C10 and closed her evidence on dated 17.12.2019.
5.           Ld. Counsel for the OPs has tendered affidavit Ex.RW-1/A and documents Ex.R1 to Ex.R2 and closed the evidence on dated 15.11.2022.
6.           We have gone through the record of the case carefully and have heard the learned counsels for the parties.
7.           After hearing learned counsel for both the parties and having gone through the material available on record, we are of the considered view that the complaint of the complainant deserve acceptance as there is deficiency in service on the part of OPs.  It is admitted fact that electricity connection bearing No. 5459470000 stands in the name of Iswar Chand.
8.           This Commission vide its order dated 25.11.2019 had directed OPs not to disconnect the connection of electricity of the complainant on deposit of 20% of the disputed bill. The complainant had deposited 20% amount on 13.12.2019. However, the complainant had filed contempt application alleging that OPs had not complied with the order of this Commission and raised bills including the disputed amount The said application is being disposed off with this order in original complaint no. 113 of 2019. Hence, no separate order on contempt application is required.
9.           We have gone through the contents of the complaint and reply field by the OPs and documents placed on record and arguments advanced by the respective counsel. It is admitted fact that the complainant is user of electricity meter bearing account no.5459470000, Meter no.7294279 installed at his residence in the name of Iswar Chand. The complainant was making payment of bill amount raised by the OPs from time to time as long as bills were sent for genuine readings actually consumed by the complaint. We have perused the past bills and previous readings mentioned on the bills and also Master Data Sheet (Ex.R1) having consumed units since December 2015 to September 2022. The disputed bill raised in March 2019 for 9344 units for Rs.70,792/- payable till due date and Rs. 72,847/- being gross amount payable after due date with surcharge of Rs.2055/-. To arrive at units consumed  during 04.06.2018 to 16.03.2019 for which disputed bill was raised in March 2019, it is necessary to take cognizance  of past bills. The units consumed as per past bill (Ex.R1) from August 2017 to December 2018 are as under:-

	Units consumed
August 2017
October 2017
December 2017
February 2018
April 2018
June 2018
August 2018
October 2018
December 2018
Average units 398.55 per billing cycle rounded to 400

As evident from the above table based on units consumed in the past as per above table the average units consumed arrives at 398.55 which may be rounded to 400 units. Accordingly, the consumption during 04.06.2018 to 16.03.2019 should be taken as 400 instead of 9344 units taken by the OPs vide bill dated 31.03.2019 Ex.C10.

10.           In the light of  above facts and documents placed on record and arguments advanced by the respective  advocates, the present complaint is allowed and the following directions  are given:-

1. To set aside the impugned bill no.545941949802 dated 31.03.2019 for Rs. 70,792/- is paid within due date and Rs. 72,847/- if paid after the due date with surcharge of Rs.2055/- for the period from 04.06.2018 to 16.03.2019.
2. Against the above said impugned bill, raise revised bill for 400 units without any surcharge or penalty and revise the subsequent bills and recover the amount from the complainant in case of short payment or adjust the amount against future bills in case of excess payment and settle the issue once for all.
3. To pay Rs. 3,000/- as compensation on account of mental pain and agony.
4. To pay Rs. 3,000/- as litigation expenses.

11.              The compliance of the order shall be made within 45 days from the date of receipt of the certified copy of the order, failing which further interest @12% will be payable for the delayed payment. Certified copies of the order be supplied to the parties free of costs.  File be consigned to the record room, after due compliance.