BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.

Complaint no.15/15.

Date of instt.: 21.01.2015. 

                                                 Date of Decision: 30.07.2015.

Dayal Chand Gupta S/o Sh. Dhanpat Ram, R/o Kothi No.207, Sector 19-I, HUDA, Kaithal, Tehsil & Distt. Kaithal.

                                                        ……….Complainant.      

                                        Versus

1. Uttari Haryana Bijli Vitran Nigam Ltd. through its Secretary, Sector-6, Panchkula.

2. S.D.O., Division No.II, UHBVN, Kaithal, Uttari Haryana Bijli Vitran Nigam Ltd.

3. Executive Engineer, UHBVN, Kaithal, Uttari Haryana Bijli Vitran Nigam Ltd. 

..……..Opposite Parties.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.

Before:           Sh. Jagmal Singh, President.

                        Sh. Rajbir Singh, Member.

     Smt. Harisha Mehta, Member.

Present :        Sh. Shamsher Singh, Advocate for complainant.

Sh. Jaswant Dhull, Advocate for the opposite parties.

                       ORDER

(JAGMAL SINGH, PRESIDENT).

                       The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he is having electricity connection bearing account No.X-42 KA240470K at his house and has been paying the bills regularly.  It is alleged that in the month of December, 2012, the complainant received a bill where 80 units were shown to be consumed and a bill of Rs.1547/- was received and the same was duly paid by the complainant.  It is further alleged that in the last week of December, 2012 when the complainant was present at his shop, two employees of UHBVN had come to the house of complainant and changed his old meter with new one.  It is further alleged that in the month of February, 2013 the complainant received the bill amounting to Rs.35,373/- against the consumed units shown as 5371 and the readings were shown as old-I and new-1181, irrespective of the facts that the bill was showing as only 1181 units consumed.  This way, the Ops are deficient in service.  Hence, this complaint is filed.   

2.     Upon notice, the opposite parties appeared before this forum and filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi.  There is no deficiency in service on the part of answering Ops.  On merits, it is submitted that the bill for the month of 10/2012 and 12/2012 were issued on the average basis as the meter of complainant has become defective in September, 2012.  The complainant was charged for 80 units in 10/2012 and 12/2012 for Rs.1547/- bi-monthly.  The burnt and defective meter of the complainant was changed on his request in the month of January, 2013 as he has deposited the cost of meter i.e. Rs.3300/- on 27.09.2012, final reading of the old meter was 16401 units and he was charged upto 12210 units, hence balance units of old meter is 16401 units minus 12210 units = 4191 units and new meter was installed with initial reading 1 and new reading is 1181 units, hence consumed 1181-1+ 1180 units.  So, the bill for the month of 2/2013 was for 4191 units of the old meter plus 1180 units for the new meter total 5371 units for Rs.35,373/-.  The bill for the month of 2/2013 is as per the actual and factual position and on actual consumption basis.  The Ops have charged Rs.35,373/- in the month of 2/2013 as per rules and regulations of UHBVN.  The other contents of complaint are denied and so, prayed for dismissal of complaint.    

3.     In support of his case, the complainant tendered in evidence affidavit Ex.CW1/A and documents Annexure C1 to C8 and closed evidence on 18.05.2015.  On the other hand, the Ops tendered in evidence affidavit Ex.RW1/A and documents Ex.R1 to R3 and closed evidence on 03.07.2015.     

4.     We have heard ld. counsel for both the parties and perused the case file carefully and minutely and also have gone through the evidence led by the parties.

5.     Keeping in view the facts and circumstances of the case, we found that the complainant is having electricity connection bearing account No.X-42 KA240470K at his house and has been paying the bills regularly.  Ld. Counsel for the complainant contends that in the month of February, 2013 the complainant received the bill amounting to Rs.35,373/- against the consumed units shown as 5371 and the readings were shown as old-I and new-1181 and consumed units were shown as 1181.  The said bill is wrong, excessive and illegal.  On the other hand, ld. Counsel for the Ops contends that the bill for the month of 10/2012 and 12/2012 were issued on the average basis as the meter of complainant has become defective in September, 2012.  The burnt and defective meter of the complainant was changed on his request in the month of January, 2013 as he has deposited the cost of meter i.e. Rs.3300/- on 27.09.2012, final reading of the old meter was 16401 units and he was charged upto 12210 units, hence balance units of old meter is 16401 units minus 12210 units = 4191 units and new meter was installed with initial reading 1 and new reading is 1181 units, hence consumed 1181-1+ 1180 units.  So, the bill for the month of 2/2013 was for 4191 units of the old meter plus 1180 units for the new meter total 5371 units for Rs.35,373/-.  So, we are of the considered view that the Ops have rightly issued the bill for the month of 2/2013 as per the actual and factual position and on actual consumption basis.  Hence, the complainant has failed to prove any deficiency on the part of Ops.

6.     Thus, in view of above discussion, we find no merit in the present complaint and dismiss the same.  No order as to cost.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.

Announced.

Dt.30.07.2015.

                                                                (Jagmal Singh),

                                                                President.

                (Harisha Mehta),     (Rajbir Singh),       

                        Member.         Member.