Haryana

Ambala

CC/96/2022

Amarpal Singh - Complainant(s)

Versus

SDO UHBVNL - Opp.Party(s)

01 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	96 of 2022
Date of Institution	:	24.03.2022
Date of decision	:	01.05.2024

Amarpal Singh aged 57 years, son of Sh. Kartar Singh, resident of Plot No.07, Badshahi Bagh Colony, Ambala City.

          ……. Complainant.

                                                Versus

Sub Divisional Officer (East), UHBVN, Ambala City.

                                                                         ….…. Opposite Party

Before:        Smt. Neena Sandhu, President.

                     Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:      Shri Bhupinder Singh Garg, Advocate, counsel for the complainant.

                   Shri Sandip Kumar, Advocate, counsel for the OP.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To withdraw the bill in dispute and not to claim any amount qua the period in question and to issue the amended bill.
2. To pay compensation to the complainant on account of mental agony and harassment to the tune of Rs.1,00,000/-.
3. To pay cost of litigation of Rs.11,000/-.

 

2.             Brief facts of the case are that the complainant took electric domestic connection for his house from the OP on 15.12.2011 and electric meter was installed by the OP in the premises of the complainant having account No. 5544920000. Thereafter, the complainant started paying the electric charges to the OP regularly. As per the scheme of the OP, the electric meter installed in the premises of the complainant was taken out and was installed on the electric pole, adjoining to his house of the complainant, the meter reader is taking the reading from the meter and as per the consumption the electric bill is being paid by the complainant. To the surprise of the complainant the OP issued bill dated 28.02.2022 for Rs. 1,47,367/- to be paid by 28.02.2022 failing which it was told that the electric connection shall be disconnected. On receiving the infiltrated bill, the complainant went to the office of the  OP  and gave a written complaint dated 09.03.2022 to the  OP  office to rectify the bill, which is showing the meter reading bill old 9089 and new reading 49920.5 showing the unit consumed 40831.5 for the period from 15.09.2015 to 08.02.2022 but to no avail.  The OP is threatening the complainant to make the said payment failing which his electricity connection will be disconnected. However, the grievance of the complainant was not redressed despite various requests made by him.  Hence, the present complaint.
3.           Upon notice, the OP appeared and filed written version wherein it raised preliminary objections with regard to cause of action; the complainant has not come with clean hands and has suppressed material facts from this Commission; this Commission has no jurisdiction to decide this complaint etc. On merits, it has been stated that the complainant was being issued bill of the disputed meter on average basis since 15.09.2019 and now on checking the said meter by the department on 08.02.2022, it showed the reading of 49920 units consumed by the complainant for the period from 15.09.2015 to 08.02.2022 and as such, bill in the sum of Rs.1,47,367/- was issued in his favour. Rest of the averments of the complainant were denied by the OP and prayed for dismissal of the present complaint with costs.
4.           Learned counsel for the complainant tendered affidavit of complainant as Annexure C-A alongwith documents as Annexure C-1 to C-15 and closed the evidence on behalf of complainant. On the other hand, learned counsel for OP tendered affidavit of Vaibhav, SDO (op.) Sub Division East Ambala as Annexure R-1 and closed the evidence on behalf of the OP.
5.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by raising excessive electricity bill against the actual electricity consumed by the complainant, for the period 15.09.2015 to 08.02.2022, despite the fact that number of requests were made to the OP to withdraw the said illegal demand, it is deficient in providing service and negligent.
7.           On the other hand learned counsel for OP submitted that the complainant was being issued bill of the disputed meter on average basis since 15.09.2019 and now on checking the said meter by the department on 08.02.2022, it showed the reading of 49920 units consumed by the complainant for the period from 15.09.2015 to 08.02.2022 and as such, bill in the sum of Rs.1,47,367/- was issued in his favour.
8.           The moot question which needs to be decided in this complaint is as to whether, the bill dated 28.02.2022, Annexure C-1 raised by the OP qua the electricity, allegedly consumed by the complainant, starting from 15.09.2015 to 08.02.2022, and especially when the same has been challenged by the complainant in this complaint, are correct or not. It may be stated here that the OP has miserably failed to place on record any  cogent evidence, to prove as to how, such a huge amount of bill to the tune of Rs.1,47,367/- against alleged consumption of 49920 units for the period from 15.09.2015 to 08.02.2022 has arrived. It has also not been justified by the OP as to why it had allegedly raised the bills on average basis qua the meter in question for the period from 15.09.2015 to 08.02.2022. There is nothing on record that on receipt of complaints from the complainant regarding excess bill aforesaid for the period from 15.09.2015 to 08.02.2022, necessary steps to ensure that the meter was actually defective or not for the said period, have been taken by the OP. The OP has also failed to justify this Commission as to why it kept mum for the period from 15.09.2015 to 07.02.2022 and did not raise any demand from the complainant for the alleged consumption of 49920 units. On the other hand, on receipt of complaints from the complainant regarding excessive bill for the said period, showing consumption of 49920 units excessive units, it was required of the OP to place on record  a meter testing report from any laboratory authorized by State Electricity Regulatory Commission and provide a copy of the said report to the complainant. However, there is nothing on record to prove that such steps were even taken by the OP in this case. Mere providing of one sheet, Annexure C-15 which is not based on any technical expert report of laboratory is of no help to the OP. In our considered view, in such a situation the complainant cannot be burdened to pay Rs.1,47,367/- demanded by the OP vide bill dated 28.02.2022, Annexure C-1 for the period from 15.09.2015 to 08.02.2022.

9. Resultantly, the demand raised by the OP vide bill dated 28.02.2022, Annexure C-1, to the tune of Rs.1,47,367/- alongwith allied charges in respect of the electricity meter in dispute for the period from 15.09.2015 to 08.02.2022 followed by any further penalties is quashed.
10.  In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:-  

• To withdraw the bill dated 28.02.2022, Annexure C-1 to the tune of Rs.1,47,367/-, alongwith allied charges, in respect of the electricity meter in dispute for the period from 15.09.2015 to 08.02.2022, as the same stood quashed by this Commission.
• To pay amount of Rs.3,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
• To pay Rs.2,000/- as litigation expenses.

 

The OP is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of this order. However, it is also made clear that any amount paid by the complainant in line of order dated 25.03.2022 passed by this Commission shall be adjusted by the OP in the forthcoming bills qua the meter in question.Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room

Announced:- 01.05.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President