BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.
Complaint Case No. : 397 of 2010
Date of Institution : 03.09.2010
Date of Decision : 18.03.2016
Labh Singh son of Sh. Ronki Ram R/o village Sahabpura, Tehsil and District Ambala.
……Complainant.
Versus
1. Uttar Haryana Bijli Vitran Nigam Limited through its Executive Engineer, Operation Division, UHBVNL, 12 Cross Road, Ambala Cantt.
2. Sub Divisional Officer, Uttar Haryana Bijli Vitran Nigam Limited, Operation Sub Division No.1, 12 Cross Road, Ambala Cantt.
……Opposite Parties
Complaint Under Section 12 of the Consumer Protection Act
CORAM: SH. A.K. SARDANA, PRESIDENT.
SH. PUSHPENDER KUMAR, MEMBER.
Present: Sh. P.S. Sharma, Adv. counsel for complainant.
Sh. R.S. Saini, Adv. counsel for Ops.
ORDER.
Complainant has filed the present complaint alleging therein that he is having a domestic electricity connection bearing No. MH02-2867-A/AS-1254 in the Rural area. His previous connection No.MH022-033Z in the said premises was disconnected due to defaulting amounts. It has been submitted that OP No.1 floated a scheme for domestic and agricultural consumers of Rural areas vide Sales Circular No.U-21/2015 according to which, defaulting consumer can deposit regular bills for 20 months and his defaulting amount shall be waived off and accordingly the complainant taking the benefit of the said scheme, got his connection restored in the year of 2005. However, in place of old account No.MH022-033Z, the complainant was allotted new account No.MH02-2867-A/AS/1254 and as per the scheme, complainant never remained defaulter since the restoration of his electricity connection upto July 2010 but the Ops issued a letter bearing memo No.4378 dated 20.08.2010 demanding a sum of Rs.25,123/- as arrears of electricity which is illegal, against the instructions of OP Nigam and violative of Electricity Act. Thus the Ops have acted against their own Sales Circular which amounts to grave deficiency in service and unfair trade practice on the part of Ops. In this way, complainant has prayed that the notice/demand letter dated 20.08.2010 be declared illegal and Ops be directed to withdraw the same and pay damages & litigation expenses etc. as mentioned in the prayer para.
2. Upon notice, OPs appeared through counsel and filed written statement raising preliminary objections qua non-maintainability of complaint and suppression of material facts by the complainant that he was having an earlier connection bearing No. MH02-2031 and he committed a default in making payment of electricity bills of Rs.25123/- so his connection was permanently disconnected on 20.04.2000. It has been further urged that as per policy of Ops vide sale circular No.U-21/2005, if any consumer pays 20 bills regularly without any interruption or break from November 2005 onwards, in that event, he would not be liable to pay the defaulting amount like that of the complainant. But the complainant after Permanent disconnection of his first connection obtained another electricity connection bearing No. MH02-2867 in the same premises and failed to pay monthly bill of Rs.168/- of June 2007 and also failed to pay bill of July 2007 and he lastly paid both these bills on 27.08.2007. Thus he could not be given the benefit of above scheme and the said defaulting amount of Rs.25123/- remained outstanding in his above disconnected account which has now been transferred to his present electricity connection account number vide notice dated 20.08.2010 and he is liable to pay the same, failing which his present connection is also liable to be disconnected. However, as per rules/standing instructions of the OP Nigam, no subsequent electric connection should be released or allowed to be operated in such a defaulting premises/residence and thus prayed that the complaint may kindly be dismissed with costs.
3. To prove his version, counsel for complainant tendered affidavit of complainant as Annexure CX alongwith documents as Annexures C-1 to C-24 and closed the evidence whereas on the other hand, counsel for Ops tendered affidavits of Sh. Sandeep Singh, SDO & Mewa Lal, A.F.M. as Annexures RX & RY alongwith documents as Annexures R-1 & R-2 respectively and closed the evidence on behalf of Ops.
4. We have heard learned counsel for the parties and gone through the record very carefully. The main grievance of the complainant is that his old electricity connection was permanently disconnected by the Ops due to his default in paying the electricity bills. However, as per Sales Circular No. U-21/2005 of the OP Nigam, he got restored his connection and paid all the bills regularly but despite that the OP Nigam demanded the defaulting amount of Rs.25123/- vide notice dated 20.08.2010 (Annexure C-22) which is illegal and liable to be set aside.
On the other hand, contention of the OP Nigam is that complainant opted the scheme floated by them vide their sales circular No.U-21/2005 (Annexure C-23), according to which complainant had to pay 20 electricity bills regularly commencing from November 2005 but complainant failed to pay the bill qua the months of June & July 2007 and thus a sum of Rs.25123/- outstanding of the previous connection levied to his current bills.
5. At the very outset, it is admitted by the parties to the complaint that electricity connection of the complainant was restored by the Ops under the Scheme floated vide Sales Circular No.U-21/2005 of OP whereby the complainant had to pay electricity bills for the next 20 months regularly commencing from November 2005. From the bills placed on record by the complainant, it is clear that he has paid the bills regularly w.e.f. November 2005, the commencing period to till May 2007 but undisputedly, he has defaulted in making payment of bills qua the months of June & July 2007. However, the complainant has deposited the amount of the bills of June & July 2007 with surcharge in the bill of August 2007 as clear from the close scrutiny of bills dated 18.06.2007, 17.07.2007, 19.08.2007 & 17.09.2007 (Annexures C-8, C-9,C-10 & C-11) respectively meaning thereby that the complainant is not in default of the payment of bills for next 20 moths and if the Ops were of the view that complainant has violated the term of sale circular No.U-21/2005, then they have not to accept the defaulted bills amount with surcharge rather to disconnect the supply to the electricity connection in question of the complainant and now, after a period of further 3 years i.e. in the year of 2010, it does not look nice from the mouth of Ops that the complainant is not entitled for the benefit of waiver scheme issued by Ops vide Sale Circular No.U-21/2005 and thus we have no hesitation in holding that the demand of Rs.25123/- made by Ops vide notice dated 20.08.2010 is illegal. Even otherwise, the said demand is also violative as per Section 56(2) of 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.”
Hence, the Ops have adopted unfair trade practice as well as are deficient in providing proper services to the complainant. Accordingly, the complaint is allowed and Ops are directed to comply with the following directions within thirty days from the communication of this order:-
- To withdraw the impugned notice issued vide memo no.4378 dated 20.08.2010 by Op No.2 whereby a sum of Rs.25123/- was intended to be debited/transferred in A/c No.MH02-2867-A of the complainant and if the said amount has been charged from the complainant, then refund the same with simple interest @ 9% per annum from the date of deposit by complainant to till date.
- Also to pay a sum of Rs.10,000/- on account of harassment, mental agony & litigation charges etc.
The aforesaid directions must be complied with by the Ops within the stipulated period otherwise the awarded amounts shall fetch simple interest @ 12% per annum for the period of default and 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:18.03.2016 Sd/-
(A.K. SARDANA)
PRESIDENT
Sd/-
(PUSHPENDER KUMAR)
MEMBER
