Haryana

Karnal

263/2012

Ram Kishan S/o Antu Ram - Complainant(s)

Versus

SDO Uttar Haryana Bijle Vitran Nigam Limited., Executive Engineer UHBVN - Opp.Party(s)

Sh. R.C. Goyal

18 Sep 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL

.

                                                           Complaint No. 263 of 2012

                                                                Date of instt.22.05.2012                                       

                                                              Date of decision: 05.03.2015

 

 Ram Kishan son of Sh.Antu Ram @ Anant Ram, resident of village Jundla District Karnal.                                   

                                                     ………..Complainant.

                             Versus

 

1.SDO, (OP) UHBVNL, Jundla District Karnal.

2.Executive Engineer, UHBVNL Division No.2 near Karan Stadium, Karnal.

                                                ……… Opposite Parties.

 

                            Complaint U/s 12 of the Consumer

                             Protection Act.

 

Before                        Sh.Subhash Goyal……. President.

                                    Sh.Subhash Chander Sharma….Member.

                  

 

 Present                    Sh.R.C.Goyal Advocate for the complainant.

                                    Sh. Amrit Lal  Advocate for the OPs.

 

ORDER

 

                        The  complainant has filed the present complaint u/s 12 of the Consumer Protection Act on the allegations that  he is consumer of the OPs vide connection bearing account No. AP-11/1572-P and the said connection was in the name of father of the complainant and after the death of father of the complainant the connection was got transferred in the name of the complainant and at that time the OPs had charged a sum of Rs.2750/- as meter charges/security vide receipt No.163 dated 28.8.2007 which was liable to be refunded. The complainant requested the OPs but the OPs continued to postpone the matter on one  pretext or the other and the complainant gave application to the OPs but in vain. Thereafter legal notice was also served but  of no avail. The complainant has thus sought refund of Rs.2750/- alongwith interest as well as compensation on account of harassment caused to him. The complainant has also tendered his affidavit Ex.CW1 in support of the averments made in the complaint alongwith  copies of letters Ex.C1 to Ex.C4 and bill Ex.C5.

 

2.                 On notice the OPs appeared and filed written statement raising preliminary objections that the complaint was not maintainable; that the complainant has got no locus standi to file the present complaint; that the complainant has no cause of action to file the present complaint; that the complainant has suppressed the true and material facts and that the complainant was estopped by his own act and conduct from filing thepresent complaint etc.

 

                   On merits, it was contended that  the OPs inadvertently charged Rs.2750/- in excess from the complainant and when this fact came into knowledge of the OP then the OPs adjusted the said excess amount of Rs.2750/-  in the account of the complainant. It was also contended that there was no deficiency in services on the part of the Ops and dismissal of the complaint has been sought.

 

3.                 We have heard the learned counsel for the parties and have gone through the case file very carefully.

 

4.                 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties, it emerges that the complainant  is consumer of the OPs vide connection bearing account No. AP-11/1572-P and the said connection was in the name of father of the complainant and after the death of father of the complainant the connection was got transferred in the name of the complainant and at that time the OPs had charged a sum of Rs.2750/- as meter charges/security vide receipt No.163 dated 28.8.2007 which was liable to be refunded. The complainant requested the OPs but the OPs continued to postpone the matter on one pretext or the other and the complainant gave application to the OPs but in vain. Thereafter legal notice was also served but  of no avail. The complainant has thus sought refund of Rs.2750/- alongwith interest as well as compensation on account of harassment caused to him.

 

                    However, as per the contentions of the OPs, the complainant has not come to the court with clean hands and has suppressed the true facts but has admitted that while transferring the aforesaid connection the OPs had inadvertently charged a sum of Rs.2750/- in excess from the complainant and when the said fact came to the  knowledge of the OPs, then the said amount has been adjusted in the account of the complainant and as such there was no deficiency in services on the part of the OPs.

 

5.                 Therefore, in view of the circumstances of the case, there is no dispute that a sum of Rs.2750/- has been inadvertently charged in excess but the same has been adjusted in the bill dated 16.9.2012 Ex.O2. It is pertinent to mention here that the complainant has placed on the file copies of the letters written by him to the OPs which has been placed on the file as Ex.C1 to Ex.C4 but there is nothing on the file that the said letters were ever received by the OPs. However, the letter dated 17.11.2010 has been received by the OPs on 18.11.2010 wherein the complainant has mentioned that a sum of Rs.2750/- be adjusted in the bill and the same has now been adjusted in the bill dated 16.9.2012 Ex.O2. Therefore, the deficiency in service is qua  adjustment of the said excess amount. Therefore, the complainant is hereby held entitled to the interest on the said amount of Rs.2750/- from 18.11.2010 till 16.9.2012.  The complainant shall also be entitled for a sum of Rs.550/- towards harassment caused to him and the legal fee and litigation expenses. The present complaint is accepted accordingly. The Ops shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced

 5.03.2015                                                                  (Subhash Goyal)

                                                                         President,

                                                                         District Consumer Disputes  

                                                                          Redressal Forum, Karnal.

 

                  

                        (Subhash Chander Sharma)

                                        Member.

 

 

 

Present                 Sh.R.C.Goyal Advocate for the complainant.

                             Sh. Amrit Lal  Advocate for the OPs.

 

                             Arguments in part heard. For reamining arguments the case is adjourned to 5.3.2015.

 

Dated:

2.03.2015                                                         (Subhash Goyal)

                                                                      President,

                                                                         District Consumer Disputes  

                                                                          Redressal Forum, Karnal.

 

                  

                        (Subhash Chander Sharma)

                                        Member.

 

Present                 Sh.R.C.Goyal Advocate for the complainant.

                             Sh. Amrit Lal  Advocate for the OPs.

 

                             Remaining arguments heard.Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced:

5.03.2015                                                         (Subhash Goyal)

                                                                       President,

                                                                         District Consumer Disputes  

                                                                          Redressal Forum, Karnal.

 

                  

                        (Subhash Chander Sharma)

                                        Member.