Haryana

Karnal

CC/520/2021

Darshan Kaur - Complainant(s)

Versus

SDO (OP) UHBVNL - Opp.Party(s)

J.P. Singh

14 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 520 of 2021

                                                        Date of instt 24.09.2021

                                                        Date of Decision: 14.08.2024

 

Darshan Kaur aged about 70 years wife of Shri Ram Singh, resident of village Garhi Khajur, Choura, Tehsil Gharaunda, District Karnal. Aadhar no.9184 0995 5306.

                                                                        …….Complainant.

                                              Versus

 

SDO (OP) UHBVNL, Sub Urban-II, Gharaunda, Karnal.

 

                                                                        …..Opposite Party.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.     

              Ms. Sarvjeet Kaur..…..Member

 

 Argued by:  None for the complainant.

                 Shri Naresh Kumar, counsel for the OP.

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is owner in possession of house situated at the abovesaid address, an electric connection no.HJ-22-1775-L 1 KW of DS category was got installed by OP, its bill was being paid regularly by the complainant as per its consumption. In the beginning of 2020, the said meter started to give irregular/excessive reading upon which the complainant moved many complaints to get checked it and installed new meter but to no avail. As a result of which, regular excessive bill of faulty/excessive readings of meter is being sent by the OP, for which the complainant is not liable to pay the same. Now the OP sent a bill of Rs.37,821/- illegally. The OP advised the complainant to get deposited the entire amount of wrong reading even. Upon which the complainant requested the OP to correct the bill and meter or to get installed the check meter in the premises so that correct bill/amount may be given but OP did not pay any heed towards the genuine request of the complainant. Rather disconnected its supply on 17.09.2021 without any rhyme and cause. The electricity is the basic necessity of the today life and complainant is facing very hardship due to the illegal act of the OP. The OP flatly refused to admit the genuine request of the complainant to correct the meter/bill. 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; cause of action; locus standi and concealment of true and material facts. On merits, it is pleaded that the bill in question is regarding the actual consumption of electricity and no excess amount has been credited in the account of the complainant. It is further pleaded that there was no problem in the meter of the complainant. The complainant is quite irregular in making payment of the electricity bills and she paid last bill of Rs.2785/- on 23.07.2020 and after that till today she has not paid even a single penny in the office of OP. Every time the bills were sent as per the consumption of electricity but complainant did not bother to pay the same. However, there were some errors in the calculation of bills and in August, 2021 the said error was removed and rebate of Rs.3570/- was given to the complainant vide sundry item no.01/263 and after giving said rebate an amount of Rs.38378/- was due and outstanding against the complainant and that was not paid by her and as such her connection was rightly disconnected. However, after the order of this Commission she paid Rs.10050/- as part payment of said outstanding amount on 10.11.2021. Remaining amount is still outstanding. It is further pleaded that no doubt the electricity is basic necessity but same is payable and without paying bill who will provide said basic necessity. Complainant consumes the electricity for more than one year without paying the electricity bills.  The OP on the request of complainant overhauled the account of complainant and gave rebate of Rs.3570/- to her. There is no deficiency in service and unfair trade practice on the part of the OP. 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.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of electricity bills dated 10.09.2021, 09.07.2021  and 11.06.2021 Ex.C1 to Ex.C3, copy of payment receipt Ex.C4, copies of applications dated 14.09.2021 22.07.2021 regarding correction of the electricity bill Ex.C5 and Ex.C6 and closed the evidence on 13.06.2023 by suffering separate statement.

5.             On the other hand, learned counsel for the complainant has tendered into evidence affidavit of Vinay Sehgal Ex.OPW1/A, copy of bill detail Ex.OP1, copy of sundry detail Ex.OP2 and closed the evidence on 11.08.2023 by suffering separate statement.

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

7.             Complainant has alleged in his complaint that she is having an electricity connection and paying the electricity bills as per consumption regularly. In the year 2020, the said meter become defective and in this regard she moved many complaints. The OP sent a bill of Rs.37,821/- which is not as per the actual consumption.

8.             Per contra, learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that the bill issued to the complainant as per the actual consumption of electricity. The complainant is herself defaulter in not making the payment of the electricity bills and she paid last bill of Rs.2785/- on 23.07.2020 and thereafter nothing was paid by the complainant. An amount of Rs.38378/- were due against the complainant and that was not paid by complainant and as such her connection was rightly disconnected. After the order of this Commission she paid Rs.10050/- as part payment of said outstanding amount on 10.11.2021. Remaining amount is still due and lastly prayed for dismissal of the complaint.

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

11.           Complainant has alleged that she is paying the electricity charges regularly. The onus to prove her version was relied upon the complainant but she has miserably failed to prove the same by leading any cogent and convincing evidence. There is nothing on the file to prove that complainant is paying the electricity bills regularly. Complainant has paid Rs.2785/- on 23.07.2020 and thereafter nothing was paid by the complainant. Complainant has also failed to place on file any receipt with regard to deposit the bills after 23.07.2020. There was some error in the calculation of the bill and in August, 2021 the said error was removed and rebate of Rs.3570/- was given to the complainant by the OP.  Rather, OP has placed on file, copy of bill detail of Smt. Darshan Kaur (complainant), bearing account no.L31HJ221775. On perusal of the said bills details, it has been proved on record that, complainant has not cleared the bills.

 12.          The disputed bill is amounting to Rs.38378/-.  As per the order dated 13.10.2021 of the Commission, complainant has made payment of Rs.10050/- out of the disputed amount and thereafter nothing was paid by the complainant. Hence, complainant is herself on fault for not making the payment of outstanding as well as current electricity bills . Moreover, neither the complainant nor her counsel has pursued the present complaint for the last two adjourned dates, it appears that the complainant is no more interested to pursue her complaint.

13.           Thus, as a sequel to abovesaid discussion, the present complaint is devoid of merit and deserves to be dismissed and same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:14.08.2024                                                             

                                                            President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

 (Sarvjeet Kaur)

                              Member