District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 597/2019.
Date of Institution:06.12.2019.
Date of Order:03.05.2023.
Smt. Guddi Nagar C-174, Sector-11, Faridabad – 121006 through her brother in law Satender Kumar Nagar, Karta of the family.
…….Complainant……..
Versus
1. SDO Operation Sub Division, F-11, East, Circle No.1, Dakshin Haryana Bijli Vitran Nigam Limited, Old Faridabad.
2. Dakshin Haryana Bijli Vitran Nigam Limited, F-11, East Sub Division, Circle-1, Old Faridabad through its Account Officer.
3. The Executive Engineer, Dakshin Haryana Bijli Vitran Nigam Limited, Faridabad (Old).
4. The Junior Engineer, Dakshin Haryana Bijli Vitran Nigam Limited, Circle-1, Old Faridabad.
5. The Chairman, Dakshin Haryana Bijli Vitran Nigam Limited, Hissar, Haryana.
…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. Udaiveer Singh , counsel for the complainant.
Sh. Y.K.Sharma , counsel for opposite parties.
ORDER:
The facts in brief of the complaint are that the complainant had been paying electricity bills as per the consumption of the electricity from time to time which was evident from the bills Nos. 02396 dated 10.03.2015 and 02402 dated 10.05.2015 that were paid through demand drafts issued by the complainant at the appropriate time. Thereafter, all of sudden the opposite party raised the bill No. 412424225045 dated 01.11.2015 for astronomical amount of Rs.4,27,501/- which for the domestic consumption of energy was unfathomably unreasonable. For rectification of the said bill the complainant gave a representative of the concerned SDO on 18.11.2015. The opposite parties made some minor rectifications but the unreasonable surcharge was not removed. The complainant kept on making on account payments to the opposite parties but despite several representations and meetings the opposite parties failed to correct the entries in the electricity account of the complainant. The complainant again represented to the concerned SDO on 22.08.2016 for rectification of the entries and reversal of the unreasonable surcharge. Consequent to minor rectifications of the entries in the electricity account of the complainant and continuous on account payments made by the complainant towards energy consumption, the opposite parties raised bill NO. 412422775663 dated 04.01.2016 of Rs.37,564/- which still contained the surcharge which was required to be reversed. Ion 16.5.2019 the opposite parties raised the bill No. 412424593900 dated 16.5.2019 of Rs.33,402/- which did also contain the unreasonable surcharge that requires to be reversed. It was also worth mentioning that form time to time there had been press releases issued by the
department to waive off surcharges and the above representation dated 16.12.2018 was given in the wake of press release dated 05.12.2018 of Executive Engineer with regard to waiver of surcharges and making the payment towards energy consumption in instalments but the department did neither waive off surcharge nor allowed the complainant to make payments in instalments. The department did again raise the bill of Rs.50,697/- on 15.11.2019 which was unreasonable owing to the fact that the energy consumption of the complainant was much lower, predictably the said bill includes unreasonable surcharges and penalties which require to be reversed because the complainant had made no default on this account. The complainant and her family had been being harassed in the hands of the department since the year 2015 when they raised unreasonable bill of Rs.4,27,501/- for domestic consumption of the energy which fact shows callous indifference on the part of department because since then the people from the department had been visiting complainant’s house and making threats to disconnect the electricity connection. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) issue the correct bills of the electricity connection to the complainant as per consumption of the complainant electricity meter.
b) the bills which have been issued by the opposite parties to the complainant containing unreasonable surcharges and penalties were quite illegal, null and void and against the law and the complainant was not liable to pay the surcharges and penalties to the opposite parties in any manner whatsoever,
c) pay Rs. 4,00,000/- as compensation for causing mental agony and harassment .
d) to restrain the opposite parties from disconnecting the electricity connection of the complainant illegally, forcibly and unlawfully.
e) any other relief, which this Hon’ble Forum deem fit and proper under the circumstances and facts of the case may kindly be granted to the complainant.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complainant had concealed the certain material facts from this Hon’ble court. In fact the connection bearing account No. 4124290000 exist at the house of complainant for Domestic Category. It was submitted that the complainant was not deposited his electricity bill regularly. In the month of March 2019 the answering opposite parties issued the bill dated 13.03.2019 to the complainant in which the current electricity charges was Rs.1880.04ps. and arrears/outstanding dues was Rs.27,110/-. The total bill payable for the due date i.e 1.4.2019 was Rs.28,990/- and after due date the surcharge was applicable Rs.831/-. The complainant made the part payment on dated 16.12.2018 by cheque. In the month of May 2019 the answering opposite parties issued the bill dated 16.5.2019 to the complainant in which the current electricity charges was Rs.3580.99ps. and arrears/outstanding dues was Rs.29,821.18/-. The total bill payable for the due dated i.e.3.6.2019 was Rs.33,402/- and after due date the surcharge was applicable Rs.959/-. From the above said amount of bill the complainant had deposited Rs.10,000/- as part payment on 01.07.2019 by cash. In the month of July 2019 the answering opposite parties issued the bill dated 12.07.2019 to the complainant in which the current electricity charges was Rs.8501.80ps. and arrears/outstanding dues was Rs.24,361.17/-. The total bill payable for the due date i.e. 29.07.2019
was Rs.32,800/- and after due date the surcharge was applicable Rs.951/-. From the above said amount the complainant had not deposited any amount with the department of answering opposite parties. In the month of September 2019, the answering opposite parties issued the bill dated 20.09.2019 to the complainant in which the current electricity charges was Rs.11,320.10ps and arrears/outstanding dues was Rs.33,751.47. the total bill payable for the due date i.e. 30.09.2019 was Rs.45,072/- and after due date the surcharge was applicable Rs.1308/-. From the above said amount the complainant had not deposited any amount with the department of answering opposite parties. In the month of January 2020 the answering opposite parties issued the bill dated 20.01.2020 to the complainant in which the current electricity charges was Rs.1584.49 ps. and arrears/outstanding dues was Rs.50,652.63 ps. The total bill payable for the due date i.e.31.01.2020 was Rs,52m237/- and after due date the surcharge was applicable rs,.1518/-. From the above said amount the complainant had not deposited any amount with the department of answering opposite parties. In the month of March 2020 the answering opposite parties issued the bill dated 14.3.2020 to the complainant in which the current electricity charges was Rs.1389/- and arrears/outstanding dues was Rs.53,755.12ps. The total bill payable for the due date i.d.15.05.2020 was Rs.55,144/- and after due date the surcharge was applicable Rs.1604/-. From the above said amount the complainant had not deposited any amount with the department of answering opposite parties. In the month of May 2020 the answering opposite parties issued the bill dated18.05.2020 to the complainant in which the current electricity charges was Rs.2745.90ps. and arrears/outstanding dues was Rs.56,748.12. The total bill payable for the due date i.e. 28.5.2020 was Rs.59,431/- and after due date the surcharge was applicable Rs.1729/-. From the above said amount the complainant had not deposited any amount with the
department of answering opposite parties. In the month of July 2020 the answering opposite parties issued the bill dated 20.07.2020 the complainant in which the current electricity charges was Rs.812,03ps. and arrears/outstanding dues was Rs.61,160.35 ps. The total bill payable for the due date i.e.30.07.2020 was Rs.61,692/- and after due date the surcharge was applicable Rs.1804/-. From the above said amount, the complainant had deposited Rs.8000/- on 14.08.2020. Opposite party 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.
To establish his case the complainant has led in his evidence, Ex.PW1/A – affidavit of Satender Kumar Nagar, Ex.P-1 to 3 – bills, Ex.P-4 – letter regarding correction of bill, Ex.P-5 – bill dated 21.01.2016, Exd.P-6(colly) & P7 – letters, Ex.P-9 to 10 – bills., Ex.P-10 to 26 – bills.
On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties Ex.RW1/A – affidavit of Man Mohan Singh, SDO (OP),DHBVNL, Subdivision East,
Sector-16A, Faridabad, Ex.R1-R-9 – bills, Ex.R-10 – Sundry charges and(including adjustments).
5. After going through the evidence led by the parties, the Commission is of the opinion that the complaint is disposed off with the direction to opposite party to over haul the account of the complainant and adjust the paid amount which was paid by the complainant. Opposite party is also directed to charge only the
consumed unit charges from the complainant. Opposite party is further directed to waive off the surcharge and any other hidden charges and issue a new updated bill till the date of order. The complainant is also directed to pay the current bill regularly. 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: 03.05.2023 (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.
