Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                             Complaint No. : 244

                                                                             Instituted on     : 05.05.2023

                                                                             Decided on       : 20.11.2023

Satbir Singh age 63 years, s/o Sh. Bhartal R/o Village Basantpur, Distt. Rohtak.

                                                                             .......................Complainant.                                          Vs.

Sub Urban-II, Division, Sub Division, R-22, Jassia, District Rohtak through its Sub Divisional Officer, Uttar Haryana BijliVitran Nigam Ltd.

                                                                                                                                                                                                          …………...Opposite party.

          COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

Present:       Sh.Sachin Jindal Advocate for the complainant.

                   Opposite party exparte.

                                                ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case as per complainant are that he has one domestic electricity connection for the last 30 years at his residence with old A/c No.R22JSB10156N and New A/c No.5004613000. The electricity meter is set outside the house of complainant on electricity pole. The load of the complainant was sanctioned for 1 Kw. The complainant has been paying the electricity billsregularly  as per consumption. However, on August 13, 2022, the complainant was shocked to receive an electricity bill of Rs.609/- from 01.06.2022 to 01.08.2022 . The complainant visited the office of opposite party for correction of the bill and there he came to know that load of his connection was increased from 1KW to 3 KW on its own without any intimation and checking the load in the premises of the complainant. However, as per bills, the consumption of units from last one year is 63 units for one bill cycle. On the application of the complainant moved by him on August 30, 2022, the officials of opposite party visited the premises of complainant and found that only one fan and bulb holder was in the premises of complainant and suggested to file an online application for correction of load for his meter. Complainant submitted online application on 01.09.2022 and the same was accepted by the opposite party but till date the grievance of the complainant has not been redressed by the opposite party despite his repeated requests. The act of opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to correct the load from 3KW to 1KW from 1June 2022, to return the excess amount charged from the complainant, to pay Rs.20000/- as compensation on account of deficiency in service and Rs.15000/- as litigation expenses to the complainant.

2.                After registration of complaint, notice was issued to the opposite party on 21.06.2023 vide postal receipt No.RCH1098327941N. Track report also submitted by the counsel for the complainant regarding delivery of item. After seeing the track report, the item delivery was confirmed but none was appeared on behalf of opposite party.  Hence, the opposite party was proceeded against exparte vide order dated 04.08.2023 of this Commission. 

3.                Complainant in his evidence has tendered his affidavits Ex.CW1/A,           documents Ex.C1 to Ex.C7 and closed his evidence on dated 03.10.2023.

4.                We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.

5.                In the present complaint, complainant has submitted that he is paying the electricity bills regularly as demanded by the respondent officials regarding the consumption of electricity. He further submitted that respondent officials demanded an amount of Rs.609/- in the bill dated 13.08.2022 for the period 01.06.2022 to 01.08.2022whereby the sanctioned load of the complainant has been enhanced by the opposite party from 1KW to 3KW on its own.  We have perused the documents placed on record by the complainant. As per the bill Ex.C1, the sanctioned load of the connection of the complainant is 1KW but the opposite party without any application of the complainant, has increased the sanctioned load as 3.0KW which is proved from the bill Ex.C2. Complainant moved an application Ex.C3 to the opposite party for reducing his sanctioned load and for correction of bill. Complainant also moved an online application Ex.C4 for the same purpose and deposited an amount of Rs.50/- as processing fee on 01.09.2022. He again moved an application Ex.C5 to the opposite party to refund the excess amount charged by the opposite party. He also placed on record bill Ex.C6, as per which the MMC has been charged as Rs.583 for 60 days and the sanctioned load is 3KW, whereas as per bill Ex.C1 the minimum charges have been shown as Rs.230/- for 60 days and the sanctioned load is 1KW. Hence it is proved that the sanctioned load has been increased wrongly by the opposite party from 1KW to 3KW without any intimation to the complainant and the same has not been reduced by the opposite party despite his repeated requests and applications and the excess amount has also been charged from the complainant.  On the other hand, it is also on record that opposite party did not appear before this Commission despite service of notice, which shows that opposite party has  nothing to say in the matter and all the allegations leveled by the complainant against the opposite party stands proved.  Hence there is deficiency in service on the part of opposite party and opposite party is liable to correct the bill and to compensate the complainant.

6.                In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to reduce the sanctioned load of the electricity connection of the complainant from 3KW to 1 KW and also to refund the amount charged in excess from the complainant on the basis of enhanced sanctioned load. Opposite party is further directed to pay a sum of Rs.5000/-(Rupees fivethousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant and to adjust the alleged awarded amount in the future bills/account of the complainant. Order shall be complied within one month from the date of decision.

7.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

20.11.2023

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                          ………………………………..

                                                          TriptiPannu, Member.