Haryana

Karnal

CC/333/2023

Usha Devi - Complainant(s)

Versus

Sub Divisional Officer, City Sub Division, UHBVNL - Opp.Party(s)

14 Nov 2024

ORDER

aBEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.333 of 2023

                                                        Date of instt 07.06.2023

                                                        Date of Decision: 14.11.2024

 

Usha Devi, age 60 years widow of Shri Maman Singh, resident of house no.44, Gali no.6 (old Gali no.5, near Chahat Medical Hall, Basant Vihar, Karnal. Aadhar no.7417 5161 6830.

 

 

                                                                        …….Complainant.

                                              Versus

 

1. Sub Divisional Officer, City Sub Division, UHBVNL, Karnal, near    old Bus Stand, Karnal.
2. Director, UHBVNL, Sector-6, Shakti Bhawan, Panchkula.

 

…..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.     

              Ms. Neeru Agarwal…….Member

      Ms. Sarvjeet Kaur…..Member

 

Argued by:  Complainant in person.

    Shri S.S. Nain, counsel for the OPs.

                   

                     (Sarvjeet Kaur, Member)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that about 18 years ago, complainant purchased the house no.44, situated at Gali no.6 (old Gali no.5), near Chahat Medical Hall, Basant Vihar, Karnal, in her own name. Just after the purchase of the said house, the electric connection installed in the said house got transferred by the complainant in her name. An electricity connection bearing account no.5587020000 is installed outside the house of the complainant. The complainant is using the said connection for domestic purpose only and paid the electricity consumption charges regularly. Nothing is outstanding against the complainant regarding the said electricity connection. On 05.06.2023, complainant received a notice memo no.10357 dated 02.06.2023 regarding the short assessment i.e. amounting to Rs.54,628/- issued by the OP no.1. Complainant visited the office of OP no.1 and protested for sending the notice to payment of short assessment amounting to Rs.54628/- whereas the complainant has been paying the electricity charges regularly. Thus, the question for demanding the said amount does not arise at all, but official of OP no.1 failed to respond in this regard. Even the official of the OPs are adamant to recover the said amount. Moreover, as per section 56(2) of the Electricity Act says that “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 and (ii) the licensee shall not cut off the supply of electricity.” In this way there is a grave deficiency in service and unfair trade practice on the part of the OPs for sending the alleged notice. Due to this act and conduct of OPs complainant has suffered great humiliation, mental agony and harassment. Hence complainant filed the present.

2.             On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability; jurisdiction; locus standi; cause of action and concealment of true and material facts. On merits, it is pleaded that the amount in question is regarding the consumption of electricity used by the complainant and shown from the meter of the complainant in the M&T Lab. After getting the reading of meter, the half margin was prepared by the Internal Audit Party and then the amount in question was added in the bill of the complainant. It is further pleaded that the meter working in the house of the complainant was removed and packed in card board box vide LL-1 no.7383/295 dated 12.08.2021 and thereafter same was tested in the M&T Lab on 25.10.2021 through Shri Shakti J.E. and accordingly same was tested. While checking the accuracy same cannot be checked being meter display defective. Reading of the meter was retrieved through Zig R-20258.6KWs. Thereafter, on 18.04.2023, the internal audit party of the Nigam checked the account of the complainant and overhauled the complainant and it was found that the consumer has paid bill uptill the reading of 10261 whereas the meter found by the Lab is 20258 hence the bill of 9997 units found chargeable from the complainant. Accordingly, an amount of Rs.54628/- were found chargeable from him. It is further pleaded that the demand of said amount was found due towards her on 18.04.2023 and as such the ingredients of section 56(2) are not attracted to the facts of this case. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint

3.             Parties then led their respective evidence.

4.             Complainant has tendered into evidence her affidavit Ex.CW1/A, copy of assessment notice Ex.C1, copy of Audit Report Ex.C2, copies of electricity bills dated 20.12.2022, 13.06.2022, 14.04.2023, 17.02.2023 and 26.08.2022 Ex.C3 to Ex.C7 and closed the evidence on 06.10.2023 by suffering separate statement.

5.               On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Pardeep Kumar CA Ex.OPW1/A, copy of checking report of meter Ex.OP1, copy of half margin details Ex.OP2, copy of notice to payment of short assessment dated 18.04.2023 Ex.OP3, copy of LL-1 checking report Ex.OP4 and closed the evidence on 26.07.2024 by suffering separate statement.

6.             We have heard the complainant and learned counsel for the OPs and perused the case file carefully and also gone through the evidence led by the parties.

7.             Complainant, while reiterating the contents of complaint, has vehemently argued that she is consumer of OPs and paying the electricity charges regularly. She received a short assessment notice dated 02.06.2023, vide which an amount of Rs.54628/- was demanded by the OPs but there is no previous balance is outstanding against her. The said notice is quite illegal, null and void.  She requested the OPs to withdraw the said notice and accept the current consumption charges but OPs flatly refused to do so and threatened her if she will not deposit the said amount then her connection will be disconnected and prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that on 12.08.2021, the meter of the complainant was removed from the site and sent to the M&T Lab for testing. On 25.10.2021, the meter reading was retrieved through Zig R-20258.6KWs. On 18.04.2023, the internal audit party of the Nigam checked the account of complainant and overhauled the same and  found that the consumer has paid bill uptill the reading of 10261 whereas the meter found by the Lab is 20258 hence the bill of 9997 units found chargeable from the complainant. Thus, the notice for short assessment of Rs.54,628/- was rightly sent to the complainant and prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, the complainant is consumer of OPs and using the electricity connection bearing no.5587020000. It is also admitted that complainant is paying the consumption charges regularly. It is also admitted that meter was removed from the site.

11.           Complainant has placed on file the short assessment notice dated 18.04.2023 Ex.C1, audit report Ex.C2, electricity bill dated 20.12.2022 Ex.C3, bill dated 13.06.2022 Ex.C4, bill dated 14.04.2023 Ex.C5, bill dated 17.02.2023 Ex.C6 and bill dated 26.08.2022 Ex.C7. After perusal of the short assessment notice Ex.C1, audit report Ex.C2 and electricity bills, the OPs first time demanded the amount of Rs.54628/- through short assessment notice dated 18.04.2023 as arrear. The said amounts relates to the year 12.03.2015 to 13.08.2021.

 12.          The assessment notice Ex.C1/Ex.OP3 dated 18.04.2023 is based upon the lab report Ex.OP1 dated 25.10.2021. The said report has been allegedly prepared by the Shri Shakti J.E. in the M& T Lab. At that time neither complainant called nor any notice was served upon her. Said report has been prepared in the back of the complainant. Further, OPs have failed to examine or tendered the affidavit of Shri Shakti J.E. during the course of evidence. In the said report, it has been specifically mentioned that no tampering has been observed. If there was no tampering and display of the meter was defected as alleged in the said report, for that complainant cannot be blamed.  Moreover, said report is a photocopy, which is not admissible in the eyes of law. Thus, notice issued on the basis of said report is not justified. It is not a case of the OPs that complainant was not paying the electricity bills regularly. Hence, the act of the OPs, while issuing the demand notice Ex.C1/Ex.OP3 dated 18.04.2023 amounts to deficiency in service and unfair trade practice.

13.           Thus, as a sequel to above discussion, we allow the present complaint and direct the OPs not to charge the amount of 54628/- showing in the notice Ex.C1 dated 18.04.2023. OPs are also directed to issue the subsequent electricity bills as per the actual electricity consumption for the period which was not paid by the complainant due to the disputed bill amount remains, if any. On issuing fresh bills complainant is also bound to clear the same.  We further direct the OPs 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.

Dated: 14.11.2024   

                                                                 President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Neeru Agarwal)         (Sarvjeet Kaur)

                 Member                    Member