Haryana

Karnal

CC/548/2021

Pardeep Choudhary - Complainant(s)

Versus

Sub Divisional Officer (OP) UHBVNL Limited - Opp.Party(s)

Sanjiv Kamboj

29 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.548 of 2021

                                                        Date of instt.01.10.2021

                                                        Date of Decision 29.07.2024

 

Pardeep Chaudhary son of Shri Surinder Chaudhary, resident of house no.214, near head post office, New Char Chaman, Karnal, aged about 55 years. Aadhar no.4181 1585 5357.

 

                                                 …….Complainant.

                                              Versus

 

Sub Divisional Officer (OP), UHBVN Ltd. Sub Urban Sub Division, Karnal.

 

                                                              …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.     

      Shri Vineet Kaushik…….Member

      Ms. Sarvjeet Kaur…..Member

            

Argued by: Shri Sanjeev Kamboj, counsel for the complainant.

                   Shri Surinder Singh, counsel for the OP.

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is the consumer of the OP and having domestic electricity connection bearing no.2343220000. The average consumption of the house of the complainant is in between 300 to 800 units every bio-monthly. The complainant paid the last bill on 23.02.2019 and thereafter the OP has not issued any bill to the complainant. The complainant has received bill dated 31.08.2021 for an amount of Rs.1,66,853/- in which current energy charges is shown as Rs.6601/- and remaining amount is previous balance. On receipt of said bill the complainant visited the office of OP to know about the detail of the previous arrears amount on this OP stated that in the month of August, 2020 his meter has shown the consumption of 15959 units. The said units shown by the meter is totally incorrect and same has jumped due to some technical error in the meter. The complainant requested the OP for overhauling his account after taking into consideration the previous consumption and also consumption after said defective period but the OP did not pay any heed to the request of complainant and lingered the matter on one pretext or the other and lastly flatly refused to correct the bill and disconnected the connection of the complainant. The demand of the bill of 15969 units by the OP is quite illegal, null and void and not binding upon the rights of the complainant. Due to this act and conduct of the OP, complainant has suffered a lot of harassment, mental pain and agony as well as financial loss. In this way there is 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; cause of action; locus standi and concealment of true and material facts. On merits, it is pleaded that the DS connection account no.2343220000 is running in the name of Shri Surinder Kumar with sanctioned load of 5.10KW. The consumer/complainant is quite irregular in making payment of the electricity bills. The consumer made the payment of Rs.831/- only on 23.12.2019 and stopped to make payments till bill dated 31.08.2021. The complainant also made the payment of Rs.41713/- only as per the order of the Commission dated 12.10.2021. The consumer has failed to pay the regular bills issued since month 2/2020 to 8/2021. It is further pleaded that the bills dated 17.10.2019, 15.12.2019, 22.08.2020, 11.10.2022, 28.12.2020, 18.02.2021, 19.04.2021 25.06.2021, 31.08.2021 sent to the consumer on actual consumption, but consumer failed to deposit the same and filed the present complaint. The OP sent a total bill dated 31.08.2021 for Rs.1,66,853/- only in the month 9/2021 for period 25.06.2021 to 31.08.2021 for 67 days for consumption of 1268 units billed in KWH to consumer on the actual basis with previous arrear Rs.159617/- only +Rs.7249 only. Due to non-payment of energy charges the connection of the complainant was temporary disconnected. It is further pleaded that actually some bills issued during period 15.12.2019 to 16.08.2020 were sent to consumer on average/RNT basis, in the bill dated 22.08.2020 the ok reading of the consumer was recorded and back office updated the bills with reading for period 15.12.2019 to 16.08.2020 (245 days) for 15969 units with current charges Rs.123516.10 only + arrears of previous bills Rs.9848.07 only for total bill amount Rs.123964/- only and also adjusted (-) Rs.9400.16/- only as Provisional Adjustment /BR Adj. There is no any such provision for overhauled the account of consumer, when the billing on actual and consumed units has made. The bills sent to the consumer is quire o.k. and as per consumption and as and when complainant visited the office of OP for getting corrected his bill then he was made understand that there is no mistake in his bill and as such he has to deposit the same but he did not bother for same and filed this false and baseless complaint. However, OP has not adopting due and legal procedure for the recovery of the amount in question. The OP also consider the grievances of the consumer and installed the check meter with old meter on 11.12.2021 for a month period as per sales instructions no.UC.meter.03/2021 dated 18.06.2021 of Nigam against SJO no.51 dated 02.12.2021 for check the meter and after the findings of check meter the necessary action will be taken as per latest instructions of the Nigam. There is no deficiency in service and unfair trade practice on the part of the OP. 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.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of electricity bill dated 31.08.2021 and closed the evidence on 08.02.2023 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Vinay Kumar, AEE Ex.OPW1/A, copy of of SJO dated 02.12.2021 Ex.OP1, copy of Report of Check Motor Ex.OP2, copy of Sales Instructions 3/2021 Ex.OP3, copy of bills and payment history Ex.OP4 copies of electricity bills dated 17.10.2019, 15.12.2019, 22.08.2020, 11.10.2020, 28.12.2020, 18.02.2021, 19.04.2021, 25.06.2021, 31.08.2021 and 29.11.2021 Ex.OP5 to Ex.OP14 and closed the evidence on 05.01.2024 by suffering separate statement.

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

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant is having domestic electricity connection in his house. Complainant did not receive the electricity bills from the OP since long. Complainant received a bill dated 31.08.2021 for an amount of Rs.1,66,853/-, which was not as per the actual consumption. On receipt of said bill, complainant visited the office of OP to correct the bill but OP did not pay any attention to the request of complainant. The demand of the bill of Rs.1,66,853/- by the OP is quite illegal, null and void and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that the complainant is irregular in making payment of the electricity bills. The complainant made the payment of Rs.831/- only on 23.12.2019 and thereafter stopped to make payments of bills. The complainant also made the payment of Rs.41713/- only as per the order of the Commission dated 12.10.2021. The complainant has failed to pay the regular bills issued since month 2/2020 to 8/2021. The OP has rightly sent the bill of Rs.1,66,853/- to the complainant as per actual consumption and lastly prayed for dismissal of the complaint.

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

10.           Complainant has alleged that after 23.02.2019, OP has not issued any electricity bills and on 31.08.2021, complainant has received the bill for an amount of Rs.1,66,853/-, which is not as per actual consumption. The onus to prove his version was relied upon the complainant but he has miserably failed to prove the same by leading any cogent and convincing evidence. If the complainant had not received bills from the OP, it was the duty of the complainant to contact the office of the OP and get the bills.  Rather, OP has placed on file electricity bills dated 17.10.2019, 15.12.2019, 22.08.2020, 11.10.2020, 28.12.2020, 18.02.2021, 19.04.2021, 25.06.2021, 31.08.2021 and 29.11.2021 Ex.OP5 to Ex.OP14 from October, 2019 to November, 2021. On perusal of the said bills, it has been proved on record that, OP has issued the bills regularly but complainant has not cleared the said bills. The sanctioned load is 5.10 KW and complainant has made the payment of Rs.831/- only on 23.12.2019 and thereafter nothing was paid till 31.08.2021. As per the order dated 12.10.2021 of the Commission, complainant has made payment of Rs.41713/-. Hence, complainant is himself on fault for not making the payment of electricity bills regularly.

11.           Thus, as a sequel to abovesaid discussion, the present complaint is devoid of merit and deserves to be dismissed and same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:25.07.2024                                                                     

                                                              President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal

 

 (Vineet Kaushik)       (Sarvjeet Kaur)

                          Member                          Member