Haryana

Kurukshetra

CC/194/2020

General Manager Kurukshetra Central Co-op - Complainant(s)

Versus

Sub Division Officer - Opp.Party(s)

Amit Gupta

05 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISISON, KURUKSHETRA

 

Complaint No.194 of 2020

Date of institution: 29.06.2020

                                      Date of decision: 5.8.2024

 

The General Manager, The Kurukshetra Central Co-Op. Bank Ltd. Kurukshetra, District Kurukshetra.

                                                                …Complainant.

Versus

 

1.     Sub Divisional Officer, Operation Sub Division K-25-No.II, UHBVNL, Kurukshetra District Kurukshetra.

 

2.     Uttri Haryana Bijli Vitran Nigam Limited, Vidyut Sand, Sector-6, Panchkula through its Managing Director.

 

…Opposite parties

 

•  

NEELAM, MEMBER.

RAMESH KUMAR, MEMBER.

 

•  

Shri Om Parkash Ladwa, Advocate for OPs.

             

• :     

                This is a complaint under Section 35 of the Consumer Protection Act, 2019.

2.             It is alleged in the complaint that the complainant having connection bearing new A/C No. 1375280000 and old connection no. 2141404utk052400 at Kurukshetra. It is further averred that he was paying the bills of electricity as per actual consumption, sending by the Ops regularly. Nothing was outstanding against him against above said electricity connection new A/C No. 1375280000.  It is further averred that the meter of the complainant is affixed from the outside the premises of the complainant. The staff of the OPs visited the premises of him and at that time the complainant was not present and his absence the OP removed the meter.   It is further averred that, thereafter, the Ops have illegally issued the bill a sum of Rs.11,17,116/- to the complainant.  It is further averred that the complainant issued to the OPs many letters vide no. 7806 dated 01.08.2019, reminder letter no. 11810 dated 19.09.2019, reminder letter no. 14353 dated 30.10.2019 letter no. 17417 dated 04.12.2019, reminder letter no. 21304 dated 23.01.2020, reminder letter no. 995 dated 24.04.2020 to correct the bill amount and to issue the fresh bill as per the genuine consumption but the Ops instead to short out the problem of the complainant issue the false and illegal bill again and again after adding the illegal surcharges and other expenses to him and now the OP show the outstanding amount of Rs.14,84,705/- in the abovesaid connection. The OP also illegally disconnects the supply of the complainant of this connection without any cause and reason. It is further averred that the officials of the OP now threat the complainant to disconnect the further electricity connection of the complainant and also threat him to recover the said illegal and bogus amount from him. Hence this present complaint.

3.             On notice, opposite parties appeared and filed their written version raising preliminary objections with regard to maintainability; cause of action; locus standi; jurisdiction and concealment of true and material facts. On merits, complaint was contested and vehemently denied the allegations of the complaint as made out in the complaint and prayed for dismissal of the complaint.

4.             Learned counsel for the complainant has tendered into evidence documents Ex.C-1 to Ex.C-17 and closed the evidence on 20.04.2022 by suffering separate statement.

5.             Learned counsel for the opposite parties has tendered into evidence affidavit Ex.RW1/A and documents Ex.R-1 to Ex.R-3 and closed the evidence on 03.02.2023 by suffering separate statement.

6.             We have heard the learned counsel for both the parties at length and have gone through the record available on the file carefully.

7.     Sh.Amit Gupta, ld. Counsel for the complainant has argued that complainant having connection bearing new A/C No.1375280000 and old connection no.2141404utk052400 at Kurukshetra. It is further argued that he was paying the bills of electricity as per actual consumption, sending by the Ops regularly. Nothing was outstanding against him against above said electricity connection new A/C No. 1375280000.  It is further argued that the meter of the complainant is affixed from the outside the premises of the complainant. The staff of the OPs visited the premises of him and at that time the complainant was not present and his absence the OP removed the meter.  It is further argued that, thereafter, the Ops have illegally issued the bill a sum of Rs.11,17,116/- to the complainant. It is further argued that the complainant issued to the OPs many letters vide no.7806 dated 01.08.2019, reminder letter no.11810 dated 19.09.2019, reminder letter no.14353 dated 30.10.2019 letter no.17417 dated 04.12.2019, reminder letter no. 21304 dated 23.01.2020, reminder letter no.995 dated 24.04.2020 to correct the bill amount and to issue the fresh bill as per the genuine consumption but the Ops instead to short out the problem of the complainant issue the false and illegal bill again and again after adding the illegal surcharges and other expenses to him and now the OP show the outstanding amount of Rs.14,84,705/- in the abovesaid connection. The OP also illegally disconnects the supply of the complainant of this connection without any cause and reason. 8.           Opposite parties has filed written statement and has controverted the claim of the complainant and opposite parties has stated that claimant has paid the amount of electricity bill up to 6.9.2018, thereafter no amount of electricity bill was paid by the complainant.  He has further argued that the question of correction of bill amount does not arise at all as the bills are based on genuine consumption used by the complainant.  No false and illegal bill has been sent to the complainant and the complainant is bound to pay the surcharges on the actual bill amount and the amount of Rs.14,84,705/- is outstanding which is as per the actual consumption of the energy including the surcharge. 

9.              Sh.Amit Gupta, ld. Counsel for complainant has argued that Ex.C-7 the amount of electricity bill of Rs.77164/- was paid by the complainant and by charging excessive rate of surcharge  and outstanding bill of Rs.14,49,355/- has been sent to the complainant for the electricity unit consumption up to 27.5.2020.  Both the parties are aggrieved to the proposition that the amount of electricity bill be charged on average basis vide Ex.C-7 i.e. Rs.77,164/-.  Hence the complainant is directed to pay the electricity bill amount @ by monthly of Rs.77,000/- alongwith surcharge after 6.9.2018 till date within six equal monthly installments of entire amount of electricity bill plus surcharge.  In default penal interest @ 9% shall be charged from the complainant on the entire outstanding amount of electricity.  Nothing remains more to be adjudicated.  Complaint is disposed of accordingly.  A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

        Announced in open Commission:

        Dated: 05.08.2024

                                                                           (Dr. Neelima Shangla)            

                                                                 President,

                                                                 DCDRC, Kurukshetra.

 

        (Neelam)                (Ramesh Kumar)

        Member.                 Member.