Haryana

Ambala

CC/525/2010

HARBANS SINGH - Complainant(s)

Versus

SUB DIVISION OFFICER,UHBVN LTD. - Opp.Party(s)

ASHUTOSH AGGARWAL

30 Oct 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                                                                    Complaint Case No. :    525 of 2010

                                                                                                     Date of Institution    :    21.12.2010

                                          Date of Decision      :     30.10.2015

 

Harbans Singh S/o Sh. Kartar Singh aged 77 years, R/o VPO Panjokhra, Tehsil and District Ambala.

                                                                                                                                        ……Complainant.

                                                                                             Versus

1.         Sub Divisional Officer, Sub Division- A 31-Model Town, Uttar Haryana Bijli Vitran Nigam, Ambala City.

2.         Uttar Haryana Bijli Vitran Nigam through its Executive Engineer, Operation Division,  UHBVNL, Ambala City.

3.         Uttar Haryana Bijli Vitran Nigam, Shakti Bhawan, Panchkula, Haryana through Managing Director.

……Opposite Parties

Complaint Under Section 12 of the Consumer Protection Act

CORAM:        SH. A.K. SARDANA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.                       

Present:          Sh. Ashutosh Aggarwal, Adv. counsel for complainant.

                        Sh. Sarvjeet Singh, Adv. counsel for Ops.

ORDER.

                        Complainant has filed the present complaint averring therein that he is consuming electricity against connection bearing Account No. MPOS-1749-F (Old A/c No.P-521) and has been paying electricity bills regularly. On  08.12.2008, the complainant moved an application to the OP No.1 regarding wrong electricity bill for the month of December 2008 whereupon the meter was checked by the Ops on 11.12.2008 and made report that ‘Meter is defective and jumping even on no supply and showing Green Light’.  So, the complainant purchased the new electricity meter on dated 02.03.2009 from Bajaj Electric Co. Railway Road, Ambala City vide receipt No.7802 in a sum of Rs.820/- and deposited with Ops for getting the same checked in M&T Lab but the Ops started avoiding to install the new meter in the premises of the complainant and at last, the meter was installed on 05.02.2010 i.e. after a period of one year and during these months, the complainant had to pay high amount bills. So, the complainant moved an application for rectifying the exorbitant amount of bill but the official of the OP  failed to rectify the same  rather they issued bill of Rs.11957/- dated 21.11.2010 illegally and the same is liable to be rectified.  As such, the Ops are negligent in performing their duties as well as  have committed unfair trade practice. Hence, the complainant having no alternative, has filed the present complaint seeking relief as per prayer clause.

2.                     Upon notice, OP appeared through counsel and filed written statement admitting that the complainant is consuming electricity against  the  alleged connection.  It has been further urged  by the Op that the meter was checked on 11.12.2008 which was defective one and thus it was changed on 17.02.2010 and delay in changing the meter was due to fault of the complainant itself as his house was found locked many of the times.  The old meter was not sent to M&T Lab for checking because there was no indication to sent the same to the lab by the then S.D.O. and at the time of obtaining the Meter Change Order, complainant did not bring this fact to the knowledge of OP. Further, it has been submitted that the complainant was issued huge bill amount because during the months of September, November 2009 and January to March 2010, house of complainant was found to be locked and due to this, actual consumption could not be recorded and the bill was sent on average basis. During the locked premises, complainant had consumed 2982 units which were recorded at the time of change of the meter in the month of May 2010 and thus the complainant was liable to pay the bill amount and in the end, a prayer has been made for dismissal of the complaint with costs.

3.                     In evidence, counsel for complainant tendered affidavit of complainant as Annexure CX alongwith documents as Annexures C1 to C-18 and closed the evidence whereas on the other hand, counsel for Ops  tendered affidavit of Sh. Shekhar Mohan SDO, UHBVNL as Anenxure RW-1/A alongwith documents as Annexures R-1 to R-7 and closed evidence on behalf of OP-Nigam.

 

4.                     We have heard counsel for the parties and gone through the record very minutely. The main grievance of the complainant is that his electricity meter was not working properly and as such he moved an application to OP on 08.12.2008 regarding checking of the meter. On 11.12.2008, Op checked the meter and found meter is defective. Accordingly, the complainant purchased a new meter on 02.03.2009 and submitted it to the OP for installation but the OP lingered on the matter and lastly installed the meter on 05.02.2010 after a gap of about one year. Secondly, the OP has wrongly issued a bill dated 21.11.2010 of Rs.11957/- on average basis without taking reading of the old meter which is illegal and thus the bill requires to be rectified.   

5.                     At the very outset, It is admitted fact on record that the meter installed at the premises of complainant was found defective on 11.12.2008 as reported by official of Ops on the application moved by complainant on 08.12.2008 (Annexure C-1) and thereafter the new meter has been installed by the Ops in the premises of complainant on 05.02.2010 i.e. after a lapse of about one year from the date of deposit of the new meter by complainant which itself a grave deficiency in service on the part of Ops. Further, the version putforth by the Ops regarding sending the bills on average basis i.e. whenever Meter Reader went to the premises of the complainant, most of the time, his house was found locked and thus they sent the bills on average basis is not tenable since no any affidavit of Meter Reader  has been placed on record to prove this fact rather in the bill dated 24.05.2010 (Annexure C-15) which is on average basis, units consumed have been shown as 2982 which are not justified as no any detail of such a consumption has been mentioned in the  impugned bill. Further, in the bill dated 21.11.2010, a demand of Rs.11,957/- raised by Ops against a consumption of 3 units does not appears to be genuine as no any plausible explanation of the same has been submitted by the Ops in their reply or affidavit etc. so tendered by them in this case.

                        So, in view of the discussion referred above, we are of confirmed view that the OPs have issued some inflated bills to the complainant during the disputed period and as such we have no hesitation in holding that Ops are deficient in providing proper services to the complainant  and are guilty of adopting unfair trade practice in the case of complainant.  Accordingly, we allow the present complaint and direct the Ops to comply with the following directions within thirty days from the communication of this order:-

1. Not to charge arrears of Rs.11816/- as shown in the impugned bill dated 21.11.2010 (Annexure C-18).

 

2. Further to overhaul the account of the complainant w.e.f 10.06.2008 to 31.08.2010 without charging  any surcharge thereupon and the amounts, if any, deposited by the complainant during  the said period be adjusted against the due amount of the complainant qua said electricity connection.
3. Also to pay a sum of Rs.10,000/-  on account of harassment, mental agony & litigation charges etc.

 

                                    The aforesaid directions must be complied with by the Ops within the stipulated period otherwise the awarded amounts shall fetch simple interest @ 12%  per annum for the period of default and the complainant shall be entitled to get the same enforced under due provisions of the Consumer Protection Act, Copies of this order be sent to the parties concerned free of costs, as per rules. File after due compliance be consigned to record room.

 

ANNOUNCED:30.10.2015                                                                 Sd/-                      

                                                                                                    (A.K. SARDANA)

                                  PRESIDENT                

                                                                                                                      

                                                                                                          Sd/-

     (PUSHPENDER KUMAR)  

                                                                                                              MEMBER