Haryana

Ambala

CC/127/2016

Manphool Singh - Complainant(s)

Versus

SDO UHBVN Ltd. - Opp.Party(s)

In Person

10 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                                                                                    Complaint Case No. :    127 of 2016

        Date of Institution    :     03.03.2016

                                                        Date of Decision      :     10.06.2016

 

Manphool Singh S/o Balak Ram R/o village Kurali, Tehsil Naraingarh, District Ambala.

……Complainant.

 

Versus

 

1.         Sub Divisional Officer, UHBVN Ltd. Naraingarh, Tehsil Naraingarh, District Ambala through its SDO.

 

2.         Uttar Haryana Bijli Vitran Nigam Ltd. (UHBVNL) through Superintendeing Engineer OP, Circle Ambala ( Haryana).

 

3.         The Chief Engineer (OP) UHBVNL, Panchkula (Haryana).

 

……Opposite Parties

 

Complaint Under Section 12 of the Consumer Protection Act

 

CORAM:        SH. A.K. SARDANA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.

                       

Present:          Complainant in person.

                        Sh. Sanjeev Chaudhary, Adv. counsel for Ops.

 

ORDER.

 

                        Complainant has filed the present complaint averring therein that he is consumer of OP for domestic supply with sanctioned load of 0.5 KW vide account no.Y11 KR122 201N and is paying the electricity bill regularly. In the month  for February 2016, complainant received electricity bill bearing No.2209 dated 03.02.2016 amounting to Rs.22054/- wherein sundry charges of Rs.20819/- has been levied without disclosing any details thereof.  Complainant has further alleged that aforesaid sundry charges so imposed in the bill dated 03.02.2016 are illegal and inflated one.   Complainant has further contended that OP No.1 has shirked to perform their official duty and failed to correct the bill in question as per the consumption of the complainant which is a deficiency in service as well as unfair trade practice on the part of Ops.  In the end, complainant has requested for issuing a direction  to Ops to correct the bill No.2209 dated 03.02.2016 and also to pay compensation to the tune of Rs.25,000/- towards mental agony, harassment and litigation expenses etc.

2.                     Upon notice, Ops appeared through counsel and tendered written statement raising preliminary objections qua non-maintainability of  complaint and suppression of material facts etc. On merits, Ops have urged that the bill sent to the complainant is regarding consumption of two months plus charges for replacement of old meter by new one as per Govt./Nigam’s Instructions since the previous meter installed at the premises of complainant was dead, so bill sent to the complainant to the tune of Rs.22054/- is correct one and complainant is liable to pay the same and requested for dismissal of the complaint since there is no deficiency in service on their part.

3.                     To prove his version, complainant tendered his affidavit as Annexure CX alongwith document i.e. bill in question dated 03.02.2016 as Annexure C-1 and closed his evidence whereas on the other hand, counsel for OPs has tendered affidavit of one Sh. Yash Pal Rana, SDO UHBVNL as Annexure RX  alongwith documents i.e. Meter Change Order dt.27.06.2014 &  Internal Audit Half Margin Report relating to period w.e.f. July 2012 to May 2014 as Annexures R-1 & R-2 respectively and closed their evidence.

4.                     We have heard the complainant as well as counsel for the Ops and gone through the disputed bill dated 03.02.2016 wherefrom it reveals that the complainant is using domestic supply for sanctioned load of 0.5 KW and the bill has been sent for Rs.22054/- regarding consumption of 201 units during the period ranging from 04.11.2015 to 04.01.2016 costing Rs.1234.86 paisa plus an amount of Rs.20819/- levied as sundry charges but neither any detail of the sundry charges has been shown in the bill in question nor Op has anywhere explained in whole of the written statement that on what basis and for which period, the aforesaid amount of Rs.20819/- has been levied whereas the Ops have contended that the sum of Rs.20819/- has been added in the bill on account of change of the old meter with new one and previous consumption charges but perusal of Annexure R-2 (Audit Half Margin Report) placed on record by Ops reveals that a sum of Rs.25654.40 paisa has been proposed for recovery from complainant pertaining to the period from July 2012 to May 2014 arbitrarily by the Audit Party analyzing the consumption from July 2011 to June 2014.  Thus without going further aspect of the case, we have come to the conclusion that the said demand of the Ops is clear cut violation of Section 56(2) of  the Electricity Act which says as under:-

                                                “56. Disconnection of supply in default of payment.

                                                (2)       Notwithstanding  anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown  continuously as recoverable as arrears of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.”

                        As such, the Ops have adopted unfair trade practice by imposing a sum of Rs.20819/- in the bill dated 03.02.2016 under the garb of sundry charges on the basis of Audit Observation Report even without producing any record before the Forum relating to period of alleged dead/burnt meter installed at the premises of complainant and thus we are of the view that the aforesaid amount of Rs.20819/- has been levied by the Ops arbitrarily & without affording any opportunity of hearing to the complainant. Further, our Hon’ble State Commission (Haryana State Consumer Disputes Redressal Commission, Haryana, Panchkula)  has held in one similar case titled as Dakshin Haryana Bijli Vitran Nigam Ltd. & Anr. Vs. Rajji Bai reported in 2009(1) CLT Pg. 526 that “Electricity Act, 2003, Section 56-Sales Circular No.27/96-Electricity bill-Sundry Charges-Demand made by Ops on the basis of objection raised by the Audit Party-Ops were duty bound to supply the necessary details of the audit report and to give a proper notice in terms of the Sales Circular which it has not complied with-Demand also barred in view of Section 56 of the Act, 2003-Order of the District Forum setting aside the demand upheld”.

Therefore, in view of the facts discussed above, we have no hesitation in holding that Ops have  not only committed unfair trade practice with the complainant rather they are deficient in providing proper services to the complainant. Accordingly, the complaint is partly allowed and Ops are directed to comply with the following directions within thirty days from the communication of this order:-

1. Not to charge sundry charges amounting to Rs.20819/- as levied in the bill no.2209 dated 03.02.2016 from the complainant and correct the bill dt.03.02.2016 & all other bills issued thereafter relating to Account no.Y11 KR122201N of complainant accordingly. However, the complainant is directed to deposit the remaining amount of the bill in question, if not deposited earlier, within 30 days from today alongwith simple interest  @ 9% per annum w.e.f. due date of bill i.e. 23.02.2016 (payable by cash).
2. Also to pay a sum of Rs.1000/- to the complainant on account of litigation expenses.

 

                                    The aforesaid directions must be complied with by the Ops within the stipulated period otherwise the complainant shall be entitled to get the said order enforced under due provisions of the Consumer Protection Act. Copies of this order be sent to the parties concerned free of costs, as per rules. File after due compliance be consigned to record room.

 

ANNOUNCED:10.06.2016                                                               Sd/-                       

                                                                                             (A.K. SARDANA)

                                 PRESIDENT                

 

                                                                                                             Sd/-

(PUSHPENDER KUMAR)  

                                                                                                              MEMBER