Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 729
Instituted on : 28.12.2021
Decided on : 07.11.2023
Anita aged 54 years w/o Sh. Narender, H.No.236P, Sector-2, Rohtak.
.......................Complainant.
Vs.
- SDO (OP), Sub Division No.1, UHBVN, Rohtak.
- XEN City, (OP) Division UHBVN, Rohtak.
…………...Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.AnandDuhan, Advocate for the complainant.
Sh.NeerajSikka Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case, as per complainant are that she had deposited Rs.1000/- on 16.02.2015 on account of processing fees for installation of Net meter for grid connected solar power system. But the opposite parties have not installed net meter stating non-feasibility of net metering system. Complainant requested the opposite parties to refund or adjust the processing fee in bill, but no clarification received from the respondents despite repeated personal visits and correspondence made by the complainant to the office of opposite parties. In RTI reply opposite party No.1 has confirmed that processing fee amount of Rs.1000 is refundable due to non installation of net meter. In RTI reply by opposite party No.1 it was again confirmed that Rs.1000/- has not been adjusted. Complainant served a legal notice dated 18.12.2020 to opposite party No.2 and in response to the same, opposite party No.2 issued directions by Endst. no.285/C1/No.1 dated 23.12.2020 to opposite party No.1 for information and further necessary action and for issue a reply to consumer. But no reply has been received from the opposite party No.1 till date. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund/adjust the processing fee of Rs.1000/- alongwith interest and compensation of Rs.50000/- on account of harassment and mental agony to the complainant..
2. After registration of complaint, notices were issued to the opposite parties. Opposite parties in their reply has submitted that due to failure on the part of complainant to complete further formalities due to which the net meter could not be installed. It is further submitted that as per norms of UHBVNL the processing fees is not refundable. Procedure of application for new connection at column no.7 it is submitted that processingfee(Not refundable). In online portal if file cancelled in this procedure except processing fee all amount is refundable. Processing fee is not refundable. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. Ld. Counsel for the complainant in his evidence has tendered his affidavits Ex.CW1/A, documents Ex.C1 to Ex.C18 and closed his evidence on dated 23.01.2023. Learned counsel for opposite parties has tendered affidavit Ex. RW1/A, documents Ex. R1 and closed his evidence on dated 18.04.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. It is an admitted fact that the net meter was not installed by the opposite parties. As per written statement and affidavit filed by the respondent officials it has been submitted that as per the norms of UHBVN the processing fee is not refundable. So the claim of the complainant is not maintainable and the processing fee cannot be refunded. In support of its contention, they have placed on record sale circular No.U-02/2020. We have minutely perused this document and as per rule 4.4.1 ‘Application for new connection’ and under sub rule (6) it is mentioned that: “Processing fee(non-refundable) as per rates prescribed under Haryana Electricity Regulatory Commission(Duty to supply electricity on request, Power to recover expenditure incurred in providing supply & power to require security) Regulations 2005, shall be paid by the applicant while applying for a new connection”. But in the present case it has been admitted fact that the net meter has not been installed in the premises of complainant.Perusal of the sale circular shows that the processing-fee shall be paid by the applicant while applying for a new connection and the same is non refundablebut this circular is silent about the situation when connection is not installed by the opposite parties. In this circular it has not been mentioned anywhere that if the connection has not been released or net meter has not been installed in the premises of the consumer in that situation which rule will be applicable i.e. fee will be refunded or not. We have also perused the documents of complainant. The complainant sought some information under RTI from the department and it has been admitted by the department vide memo no.1335 dated 09.08.2019 placed on record as Ex.C4. As per this circular it has been mentioned that : “Processing fee amount of Rs.1000/- is refundable due to not installed the Net Meter”. Meaning thereby the department itself admitted that amount of Rs.1000 is refundable. Hence it should be refunded but till date the same has not been refunded despite various letters written by the complainant. We have also perused the letter Ex.C10 written by the complainant to opposite party No.2 and on this letter, an endorsement has been made by opposite party No.2 and the letter has been forwarded to opposite party No.1 for taking necessary action in the matter and to redress the grievances of the consumer, failing which entire responsibility will rest upon the opposite party No.1. Hence it was the prime duty of the respondent no.1 to sort out the grievances of the customer but the matter has not been sorted out. Hence there is deficiency in service on the part of respondent no.1 and opposite party No.1 is liable to refund the processing fee to the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No.1 to refund the amount of Rs.1000/-(Rupees one thousand only) alongwithinterest @ 9% p.a. from the date of filing the present complaint i.e. 28.12.2021 till its realization and also to pay Rs.6000/-(Rupees six thousand only) as compensation on account of deficiency in service and Rs.4000/-(Rupees four thousand only) as litigation expenses to the complainant and to adjust the alleged awarded amount in the future bills/account of the complainant. Order shall be complied within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
07.11.2023
..................................................
Nagender Singh Kadian, President
………………………………..
TriptiPannu, Member.
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Vijender Singh, Member.
