District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 124/2020
Date of Institution:04.03.2020.
Date of Order:02.05.2023.
Raj Rani Munjal wife of Shri Ravi Kant Munjal resident of House No. 19,Sector-21B, Faridabad, permanent resident of House No. 5A-71, NIT, Faridabad.
…….Complainant……..
Versus
1. SDO Operation Sub Division No.4, Office at: NIT 3, Opposite Police Station, Dakshin Haryana Bijla Vitran Nigam, Faridabad.
2. The Executive Engineer, Operation Division, Dakshin Haryana Bijli Vitran Nigam, Office at Sector-15, Near Gurudwara, 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. K.B.Yadav, counsel for the complainant.
Sh. Y.K.Sharma , counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant was the owner and in possession of property/House No. 19, Sector -21B, Faridabad. The complainant had got constructed her house way back in year 2000 and had applied for electricity connection before opposite parties for which the complainant was given temporary electricity connection bearing No.25/T-421 and later the applicant was allotted with permanent electricity connection bearing NO.BB12/1866 and the opposite parties installed the proper electricity meter. The complainant requested to the office of opposite parties vide application dated 29.01.2004 to kindly adjust her security deposit paid by her at the time of availing temporary electricity connection in her electricity bill against meter bearing No. BB12/1866. The said application of the complainant was duly allowed by the opposite party No.1 on 25.05.2004 on the same application moved by the complainant and security deposit of the complainant got adjusted by the opposite party against the bill for meter bearing No. BB12/1866. The complainant had applied only once for electricity connection and the same was for the aforesaid address of complainant bearing House NO. 19, Sector-21B, Faridabad and the complainant was allotted the temporary connection and thereafter the permanent connection by the opposite party against meter bearing NO. BB12/1866 and since the very inception of permanent electricity meter, the complainant was making payment of all electricity charges regularly and on time. The complainant was also in possession of all the electricity bills paid by her till date. The complainant received the bill for month of July 2019 issued on 13.07.2019 received by her on 26.07.2019 and to her utter dismay in the said bill sum of Rs.1,46,905/- was raised under the column of sundry charges/allowances. It was worth mentioning that all this while the complainant had been regularly making the payment of all the electricity charges levied by the opposite party against electricity consumption qua the said electricity connection. The complainant on receipt of said bill immediately paid visit to the office of opposite party No.1 asking the clarification and justification of said sundry charges levied on her and she was apprised by the officers of opposite parties that the said arrear had been raised in her bill against electricity meter account bearing No. BB12/1743 with which the complainant had no nexus or concern. The opposite party also provided copy of bill against said electricity account NO. BB12/1743 in which the name of the electricity account holder was same as name of complainant and the house address was quite similar i.e House No. 19, Sector-21C, Faridabad instead of Sector-21B, Faridabad. The complainant made the written representation dated 27.07.2019 alongwith supporting documents to the Executive Engineer, DHBVNL i.e opposite party No.2 to rectify highly exaggerated frivolous bill raised by the department under column of sundry charges, but of no avail as the same turn out to be deaf ears. On 01.08.2019 the complainant again approached and moved an application to the concern SDO vide application dated 01.08.2019 on which the complainant was assured that they should look into the matter and do best whatever was possible for redressal of the same. The complainant through her representative made various visits to the office of opposite party requesting them to rectify the bill erroneously added by opposite parties but of no avail as till date the same was lying and reflected as unpaid in further and subsequent raised bills and surprisingly in every bill the said amount was enhanced by the opposite parties. The opposite parties were illegally harping upon adding the said frivolous amount imposed upon complainant alleging that the same was respect to another electricity meter bearing No. BB12/1743 claiming it to be entered in their record under the name of complainant whereas the complainant bluntly told them she had only applied for electricity connection once qua the said property and was allotted permanent electricity connection bearing NO. BB12/1866. 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) rectify the bill of the month of July 2019 wherein sum of Rs.1,46,905/- has been raised in addition to consumption charges under the column of sundry charges and declared the same as null and void, which was issued by the opposite parties to the complainant..
b) Declaring the sundry charges added in subsequent bills after month of July 2019 to till date which was being added and increased by opposite parties wrongly.
c) pay Rs.1,50,000/- as compensation for causing mental agony and harassment .
4) pay Rs. 55,000 /-as litigation expenses.
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that the complainant/consumer with old account No. 25/T-421 and new account No. BB1/1866 with sanctioned load 3.80 KW was issued bill for account bearing NO. BB12/1743, due to the confusion in the address with House No. 19, Sector-21C, Faridabad with house No.19, Sector-21B, Faridabad by billing section. The complainant when approached the opposite party No.1 as alleged was guided ot contact the billing section of the department or leave a copy for correction in the address with wrong account bearing NO. BB12/1743 with the C.A of the Nigam for correction but the same was not adhered by the complainant due to which the confusion lingered on the part of the complainant. Any how the bill had been corrected and the correction in the address had been made by the billing section of the Nigam. Opposite parties 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–DHBVNL with the prayer to: a) rectify the bill of the month of July 2019 wherein sum of Rs.1,46,905/- has been raised in addition to consumption charges under the column of sundry charges and declared the same as null and void, which was issued by the opposite parties to the complainant. b) Declaring the sundry charges added in subsequent bills after month of July 2019 to till date which was being added and increased by opposite parties wrongly.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Raj Rani, Ex.C-1 – letter dated 29.01.2004, Ex.C-2 – receipt No. 38, Ex.C-3 – bill-cum-receipt, Ex.C-4 – bill dated 13.07.2019, Ex.C-5 – bill for the period 07.03.2019 to 17.05.2019, Ex.C-6 – bill bearing No. BB12/1743 in which the name of the electricity account holder is same as name of complainant and the house address in quite similar i.e House No.19, Sector-21C, Faridabad instead of Sector-21B, Faridabad. Ex.C-7 – application filed by the complainant to The Executive Engineer, Bijli Board, Faridabad to rectify highly exaggerated frivolous bill raised by the department against meter/Bijli account No. BB-12/1866. Ex.C-8 – bill dated 20.9.2019.
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 Naginder Singh, SDO, OP working in the office of DHBVNL, Sub Division NO.4, Faridabad, Ex.R-1 – bill for the period 17.05.2019 to 12./07.2019, ex.R-2 – current hill for Rs.1,43,369/-.
6. In this case, the complainant was given temporary electricity connection bearing No.25/T-421 and later the applicant was allotted with permanent electricity connection bearing NO..BB12/1866 and the opposite parties installed the proper electricity meter. As per Ex.C-1 – application dated 29.01.2004 moved by the complainant to SDO, DHBVNL to adjust her security deposit paid by her at the time of availing temporary electricity connection in her electricity bill against meter bearing No. BB12./1866. As per bill for the month of July 2019 issued on 13.07.2013 for a sum of Rs.1,46,905/- was raised under the column of sundry charges/allowances. Bill for the preceding months of May, June, 2019 vide Ex.C-5 the complainant had been regularly making the payment of all the electricity charges levied by the opposite party against the electricity consumption qua the said electricity connection. The opposite party also provided bill against said electricity account No. BB12/1743 in which the name of the electricity account holder is same as name of complainant and the house address is quite similar i.e House No. 19, Sector-21C, Faridabad instead of Sector-21B. Faridabad.
On the other hand, counsel for opposite parties has argued that they have corrected the bill as well as the correction of the address of the complainant vide Annx. R1 (While the Ex.R-2 is for H.NO.19, Sector-21C).
7. After going through the evidence led by the parties, the Commission is of the opinion that the complaint is allowed. Opposite parties are directed to :
a) rectify the bill for the month of July 2019 wherein sum of Rs.1,46,905/- has been raised in addition to consumption charges under the column of sundry charges and declared the same as null and void.
b. declare the sundry charges added in subsequent bills after month of July 2019 to till date which is being added and increased by the opposite parties wrongly.
c) pay Rs.2200/- as compensation for causing mental agony & harassment .
d) pay Rs.2200/- as litigation expenses to the complainant.
Compliance of this order be made within 30 days from the date of receipt of copy of this order. A copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 02.05.2023 (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.
