Haryana

Karnal

CC/214/2021

Smt. Kanta Thakral - Complainant(s)

Versus

Sh. Rajiv Dhillon, SDO - Opp.Party(s)

21 Mar 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                       Complaint No. 214 of 2021

                                                        Date of instt.12.04.2021

                                                        Date of Decision:21.03.2022

 

Smt. Kanta Thakral aged 64 years wife of Shri Satpal Thakral, resident of house no.1189, Sector 7, Urban Estate, Karnal-132001. Mobile no.9416173844.

 

                                               …….Complainant.

                                              Versus

 

Shri Rajiv Dhillon, SDO, Sub Urban Sub Division, UHBVN, Karnal.

 

                                                                     …..Opposite Party.

 

Complaint Under Section 35 of the Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

           

 Argued by: Complainant in person.

                    Shri Amit Munjal, counsel for opposite party.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is consumer of OP and having an electricity connection bearing account no.9059810000. Complainant is paying the electricity charges regularly. The complainant is receiving the wrong bills w.e.f.23.03.2019 to till date. During the bill for the period from 23.03.2019 to 18.05.2019 arrears of an amount of Rs.19183.81/- was shown and total bill was for Rs.20664/-. After receipt of this bill, complainant requested the OP, vide application no.1/PF dated 29.05.2019 for rectification/correction of bill but bill not corrected as yet. Thereafter, complainant moved so many applications dated 19.07.2019, 24.10.2019, 19.11.2019 and 21.01.2020 for rectification of the bill in question to the OP and her husband also visited personally in the office of OP for rectification of the bill, but OP is adamant and failed to rectify the bill. Thereafter, complainant moved an application on 21.09.2020 to the OP and its senior officer regarding harassment and mental torture by Shri Rajiv Dhillon, SDO (OP) but no action taken till date, inspite of lapse of more than two years. In this way there was deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version raising preliminary objections with regard to maintainability; locus standi; cause of action; jurisdiction and concealment of true and material facts. On merits, it is pleaded that the electricity connection is in the name of complainant, with sanctioned load of 5.40 KW for domestic supply. It is further pleaded that the account of complainant was audited by IAP no.49, Head Quarter Indri, vide half margin no.457 dated 02.01.2019 as per sale circular no.15/2014 and 25/2016 and found chargeable amount of Rs.18,627/- as the meter of the complainant remained defective from 10.03.2015 to 13.11.2016 for 20 months and billed during this period for 2492 units. It is further pleaded that the meter of the complainant was defective, then the new meter was installed and as per the reading of consumption shown in the new meter, then the previous consumption was charged as per the sales circular. The bill issued by the OP is true and correct as per sales circular and after audited the account of complainant and thus complainant is liable to pay the same. It is further pleaded that the account of the complainant was overhauled on the basis of actual consumption w.e.f. 13.11.2016 to 15.11.2017 after changed the meter on 13.11.2016 for 5310 of units Rs.18,627/- only vide sundry/SC &AR no.54/A/22/303 in the month of 4/2019. The necessary adjustment was also made in the bill, month 7/2019 for (-) 6644.69p and was issued the bill dated 29.07.2019 for Rs.13,113/- only after adjustment, vide sundry no.59/2144/303. There is no deficiency in service on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of complaint.

3.             Parties then led their respective evidence.

4.             Complainant’s husband has tendered into evidence affidavit of complainant Ex.CW1/A, copies of bills Ex.C1 to C3, copy of application dated 29.05.2019 regarding correction of wrong bill dated 21.05.2019 Ex.C4, copy of application dated 21.09.2020 regarding withdrawal of wrong bill Ex.C5 and closed the evidence on 26.08.2021 by suffering separate statement.

5.             On the other  hand, OP tendered into evidence affidavit of Shivam SDO Ex.OP1/A, sale circular no.U-25/2016 Ex.OP1, sale circular no.U-15/2014 Ex.OP2, sundry/calculation Ex.OP3, audit report Ex.OP4, ledger Ex.OP5 and Ex.OP6, electricity bills Ex.OP7 to Ex.OP20, detail of case of complainant Ex.OP21 and closed the evidence on 20.01.2022 by suffering separate statement.

6.             We have heard the complainant and learned counsel for OP and perused the case file carefully and have also gone through the evidence led by the parties. During the course of argument, complainant has also filed written arguments.

7.             Complainant, while reiterating the contents of complaint, has vehemently submitted that complainant is holder of domestic electricity connection bearing A/c No.9059810000. Complainant has received a bill amounting to Rs.20,664/- for the period from 23.03.2019 to 18.05.2019 in which an amount of Rs.19183.81/- has been shown as arrear. Thereafter, complainant approached the OP for rectification of the said bill but OP did not pay any heed to her genuine request. She further submitted that the complainant also moved several applications Dt. 19.07.2019, 24.10.2019, 19.11.2019 and 21.01.2020 to the OP for correction of the abovesaid bill but OP did not pay any heed to the genuine request of the complainant. Hence, prayed for allowing the complaint.

8.             Per-contra, learned counsel for OP argued that the electricity connection bearing account no.9059810000 is exiting in the name of complainant with sanctioned load of 5.40 KW for domestic supply. The account of complainant was audited by IAP no.49, Head Quarter Indri, vide half margin no.457 dated 02.01.2019 as per sale circular no.15/2015 and 25/2016 and found chargeable amount of Rs.18627/- only due to meter of complainant remained defective w.e.f. 10.03.2015 to 11.03.2016 for 20 months and bill during this period has been shown as 2492 units. The account of complainant was overhauled on the basis of actual consumption w.e.f.13.11.2016 to 15.11.2017 after changed the meter on 13.11.2016 for 5310 units and charged (5310-2492=2818) 2818 units  and sent a bill of Rs.18627/- only vide sundry/SC&AR no.54/A/22/303 in the month of 4/2019. The necessary adjustment also made in the bill month 7/2019 for      (-)6644.69 only and issued the bill dated 29.07.2019 for Rs.13113/- only after adjustment vide sundry no.59/244/303. Hence, prayed for dismissal of the complaint.

9.             Admittedly, the complainant is consumer of OPs and using the electricity connection bearing no.9059810000.

10.           Complainant has produced the electricity bills dated 21.05.2019 Ex.C1, bill dated 05.03.2021 Ex.C2, bill dated 05.01.2021 Ex.C3. After perusal of the electricity bills found that OPs first time demanded sum of Rs.19183/- as arrears vide bill dated 21.05.2019. The said amounts relates to the year 10.03.2015 to 13.11.2016.

11.           For the first time, in the electricity bill dated May/2019 the amount of Rs.19183/- has been shown as arrear. The said amounts relate to the year 3/2015 to 11/2016 and this amount has been demanded by the OP from the complainant for the first time in May/2019, vide bill Ex.C1.  As per section 56(2) of Electricity Act, 2003 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 arrear of charges for electricity. Section 56 (2) of the Electricity Act, 2003, wherein it has been mentioned as under:

 

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 arrear of charges for electricity supplied and the license shall not cut off the supply of the electricity.”

 

12.           The similar view has been taken by the Hon’ble High Court in case titled as Uttar Haryana Bijli Vitran Nigam Limited and others Vs. Permanent Lok Adalat and another in CWP-6219-2019 (O&M), date of decision 08.03.2019.

13.            Thus, in view of Section 56(2) of the Electricity Act, 2003, the demand of Rs.19183/- raised by the OP, vide bill Ex.C1 from the complainant for the first time in May/2019 is not justified. Thus, the act of the OP for demanding of the arrear to the sum of Rs.19183/- amounts to deficiency in service.

14.           In view of above discussion, we allow the present complaint and direct the OP not to charge the bill amount claimed in Ex.C1 as Rs.19183/- and any surcharge accrued thereupon from the complainant. In case any amount out of demanded amount is deposited by the complainant, same may also be refunded or adjusted in further electricity bills of the complainant. We further direct the OP to pay Rs.5,000/- to the complainant on account of mental agony and harassment suffered by her and for litigation expenses. This order shall be complied with within 45 days from the receipt of 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

Dated:21.03.2022                                                                     

                                                                President,

                                                    District Consumer Disputes

                                                    Redressal Commission, Karnal.

 

  (Vineet Kaushik)     

  Member