BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR
Complaint No. 168 of 2014.
Date of institution: 26.03.2014
Date of decision: 28.12.2016
Paul Singh son of Shri Janak Singh, aged about 59 years, resident of village Marwa Kalan, Sub Tehsil Bilaspur, District Yamuna Nagar.
…Complainant.
Versus
- The SDO ‘OP’ Uttar Haryana Bijli Vitran Nigam Limited Sub Division Bilaspur, Tehsil Bilaspur, District Yamuna Nagar.
- XEN UHBVN Limited Yamuna Nagar, District Yamuna Nagar.
- Managing Director, Uttar Haryana Bijli Vitran Nigam Ltd. Sector-6, Shakti Bhawan, Panchkula.
...Respondents
BEFORE: SH. ASHOK KUMAR GARG…………….. PRESIDENT.
SH. S.C.SHARMA………………………….MEMBER.
Present: Sh. SS Saini, Advocate for complainant.
Sh. Zile Singh, Advocate for OPs.
ORDER
1 The present complaint has been filed under section 12 of the Consumer Protection Act 1986.
2. Brief facts of the present complaint, as alleged by the complainant, are that complainant is having a domestic electricity connection bearing account No.Y35JB133695L which is installed at the house of the complainant. The complainant was receiving the bills as per reading recorded by the meter in accordance with the consumption of the complainant and paying all the electricity bill regularly and nothing outstanding against the complainant. The respondents (hereinafter referred as OPs) issued a illegal and false bill amount Rs.54813/- bearing No.3970 dated 10.02.2014 in which the OPs shown as arrear of Rs.52,296/-. After receiving this bill complainant contacted the OP No.1 and requested to correct the same but the OP No.1 refused to do the same. Complainant lastly prayed for OPs be directed to quashed the illegal arrear of Rs.52,296/- from the impugned electricity bill and also to pay compensation and litigation expenses. Hence, this complaint.
3. Upon notice OPs appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable, complainant has no locus standi or cause of action against the OPs; complainant has concealed the true and material facts and on merit it is stated that the complainant is defaulter of payment of Rs.54,813/- against the electricity connection No. Y35JB133695L as the complainant has not paid any amount on account of electricity consumption from 04/2010 till today, despite issuance of consumption bill by the OPs Nigam. The total amount of the arrear of all the consumption bills upto 4/2010 comes to Rs.54,813/- which is duly evident from the copy ledger (Annexure R1) and lastly prayed for dismissal of the complaint.
4. In support of the case, learned counsel for the complainant tendered into evidence affidavit of the complainant as Annexure CW/A and photocopy of Electricity Bill as Annexure C1 and closed the evidence on behalf of complainant.
5. On the other hand, ld. counsel for the OPs tendered into evidence affidavit of Shri Pardeep Panwar, SDO (OP) as Annexure RW1/A and copy of ledger as Annexure R1 and closed the evidence on behalf of OPs.
6. We have heard the counsels of both the parties and have gone through the pleadings as well as documents placed on the file very carefully and minutely.
7. The only version of the complainant is that OPs Nigam has issued a wrong and illegal bill bearing No.3970 dated 10.02.2014 in which an amount of Rs.54,813/- has been wrongly added being arrear and the same is liable to be quashed but the version of the complainant is not tenable as from the perusal of bills bearing No.3970 dated 10.02.2014 as Annexure-C 1, it is duly evident that amount Rs.52,296/- has been added as arrear of the previous period/bills. Further from the perusal of ledger (Annexure R1) it is also evident that complainant was not paying the bills and defaulter since from 04/2010 to till issuance of impugned bill. Even, learned counsel for complainant also failed to convince this Forum that in what manner the OPs Nigam is at fault. In the absence of any cogent evidence, we are of the considered view that the complaint of the complaint has no merit.
8 Resultantly, the complaint of the complainant is hereby dismissed being devoid of any merit. No order as to cost. Parties are left to bear to their own cost. Copies of this order be supplied to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.
Pronounced in open court: 28.12.2016.
(ASHOK KUMAR GARG)
PRESIDENT
DCDRF Yamuna Nagar
(S.C.SHARMA)
MEMBER
