Haryana

Charkhi Dadri

cc/152/2021

Sandeep Kumar - Complainant(s)

Versus

SDO, Urban (OP) , Sub Division , Dakshin Haryana Bijli Vitran Nigam - Opp.Party(s)

Sh. Sachin Maratha

01 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

COMMISSION, CHARKHI DADRI. 

 

                                                 Complaint No.      :  152 of 2021                                                                           Date of Institution:     19.07.2021

                                                 Date of order:     :     01.08.2024

 

Sandeep Kumar age 40 years S/o Sh. Prithvi Singh Sakna Champapuri, Street No.8, Charkhi Dadri, Tehsil & District Charkhi Dadri,

..Complainant.

                                                VERSUS

1. SDO, Sub urban (OP), Sub Division, Dakshin Haryana Bijli Vitran Nigam, Near Railway Station Charkhi Dadri, Tehsil & District Charkhi Dadri.
2. Exective Engineer (OP), Sub Division, Dakshin Haryana Bijli Vitran Nigam, Near Railway Station Charkhi Dadri, Tehsil & District Charkhi Dadri.
3. Superintendent Engineer (OP), Division, Dakshin Haryana Bijli Vitran Nigam, Bhiwani, Tehsil & District Bhiwani.
4. Through Managing Director, Dakshin Haryana Bijli Vitran Nigam, Headquarter Office Vidyut Nagar, Hisar.

                                                                 ..Opposite parties (OPs).

                   COMPLAINT UNDER THE CONSUMER PROTECTION ACT,

Before-        Hon’ble Sh. Manjit Singh Naryal,PRESIDENT.

Hon,ble Sh. Dharam Pal Rauhilla, MEMBER.

 

Argued by:  Sh. Sachin Maratha, Adv. for complainant.

                   Sh. Dharamvir Vashisth, Adv. for OPs.

    

O R D E R

1.                 Sandeep Kumar (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite parties (hereinafter referred to as “the OPs”) with the averments that he is user of electricity connection No. 9620180000 and paying all the bills regularly. It is further averred that complainant had paid the last electricity bill of Rs. 12,596/- for 1617 consumed units from 49205 to 50822 units as per bill dated 13.02.2021 for the period from 07.11.2020 to 13.02.2021. After paying the bill, the complainant had given a request to the department on 17.02.02021 for disconnection/removal of the meter. Acting on which, the department had removed the meter on 17.02.2021 and informed after payment of Rs. 12596/- towards last bill dated 13.02.2021 nothing would be payable by the complainant. However, on 13.02.2021 the department had issued a new bill no.962014790636 in which old unit was shown as 50822 and the new unit is 50827 for Rs. 3118/-, whereas the complainant had paid bill upto 50822 units for Rs. 12596/- as per bill dated 13.02.2021. When the complainant contacted OPs for refund of electricity meter security then department informed that connection of complainant was permanently disconnected (PDCO) on 24.02.2021 and last bill was paid upto 13.02.2021. The complainant has made several requests to the OPs to cancel the wrong bill and return the security of the electricity connection but they do have not done so. So, complainant made requests as well as visited the office of OPs many times but of no avail despite issuance of a legal notice dated 03.06.2021. Hence, the present complaint has been preferred seeking directions against the OPs:-

1. To cancel the electricity bill of complainant.
2. Return the security deposit alongwith interest of electricity connection.
3. To pay Rs.50,000/- on account of mental and physical harassment.

2.                 Upon notice, the OPs appeared and they filed their joint written statement contesting the present complaint. The OPs in written statement have submitted that the complainant had given an application to the department for disconnection/removal of the meter on 17.02.2021 and while taking action on the request of the complainant, the electricity meter was removed. At that time, there was 50827 units shown in the meter. The bill of Rs.12596/- upto 50822 units was already deposited by the complainant. It was averred that when complainant connection was permanently disconnected on 24.02.2021 he had declared that based on the consumption used from 13.02.2021 to 24.02.2021, the bill of additional 5 units shown by the meter was billed to MMC. On the basis of load and as per rules, a total bill of Rs.3118/- is outstanding. The department asked to pay the outstanding bill of Rs. 3118/- to get refund of security deposit but the complainant clearly refused to do so and thus, prayed for the dismissal of the present complaint.

3.                To prove its complaint, the counsel for complainant has tendered in evidence affidavit of complainant as Ex. CW1/A and documents Ex. C-1 to Ex.C-13 and closed the evidence vide order dt. 23.12.2022

4.                     On the other hand, the counsel for the OPs have filed affidavit Ex.RW1/A and tendered documents Ex.R1 to Ex.R3 and closed the evidence vide order dt. 10.08.2023.

5.                We have heard the arguments advanced by learned counsel for both the parties.  All the documents have been perused very carefully and minutely.

6.                Complainant is a consumer of OPs having account No.9620180000 for supply of electricity. The complainant has been regular in making payments of Electricity Bills for electricity consumed as per Bills raised by the OPs from time to time. After making payment of last Bill (Ex.C1) for Rs.12,596/- for 1617 units consumed  (new reading 50822 and old reading 49205) during 07.11.2020 to 13.02.2021, the complainant on 17.02.2021 requested for permanently disconnection of electricity connection and removal of meter. On acceding to the request of the complainant, the connection was permanently disconnected and declared PDCO on 24.02.2021. The complainant consumed electricity during 17.02.2021 to 24.02.2021 (Ex.C13) for 5 units (from 50822 to 50827) from 13.02.2021 to 15.03.2021 for  which bill was issued by the OPs Rs.3118/- (including MMC for Rs.3019.75/-) as per their routine practice generated from the system (Ex.R2). The OPs have not considered the fact that the connection was already been permanently disconnected vide PDCO on 24.02.2021, hence MMC for Rs. 3019.75/- should not be included in the bill. The same are required to be deleted from the bill and remaining bill amount of Rs. 98.25/- should be charged for 5 units consumed by the complainant. Simultaneously, security deposit amount of Rs.9,000/- is to be refunded.

                   In view of the abovementioned facts and documents placed on record and arguments made by the counsel  for both the parties, the complaint is allowed and OPs are directed to comply with the following directions within 45 days from the date of order:-

1. To remove MMC charged for 3019.75/- from the bill Ex.C13 and charge balance amount of Rs. 98.25 only for consumed 5 units and closed the account of the complainant permanently as requested by the complainant and agreed by the OPs.
2. To refund the security amount of Rs. 9,000/- to the complainant alongwith interest @ 9% from 24.02.2021 till its realization.
3. To pay  Rs.3,000/- towards compensation for harassment and mental agony and Rs. 3,000/- towards cost of litigation

7.                The above order be complied within 45 days from the date of this order, failing which OPs shall be liable to pay interest @12% per annum from the date of filing of the complaint till its realization.

                   This order be communicated to the parties free of costs and file be consigned to the record-room.