Haryana

Karnal

CC/144/2019

Hardyal Singh - Complainant(s)

Versus

The S.D.O. UHBVNL - Opp.Party(s)

Ashok Kurlan

17 Aug 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL  COMMISSION, KARNAL.

 

                                                          Complaint No. 144 of 2019

                                                          Date of instt.08.03.2019

                                                          Date of Decision 17.08.2021

 

Hardyal Singh, age 65 years son of Shri Kartar Singh, resident of village Shekhanpur, Tehsil Nilokheri, District Karnal.

 

                                                 …….Complainant.

                                              Versus

 

The S.D.O. UHBVNL, ‘OP’ Sub Division, Taraori (Karnal)

 

                                                                        …..Opposite Party.

 

Complaint Under section 12 of the Consumer Protection Act, 1986 as amended Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

               

 Argued by: Shri A.K. Kurlan counsel for complainant.

                    Shri Vikas Yadav counsel for the opposite party.

 

                (Jaswant Singh President)

ORDER:   

                

                        The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 as after amendment Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred as to ‘OP’) on the averments that complainant is consumer of OP and was running a Atta Chakki  and OP has released connection no.TL-34-1003 to the complainant. Complainant was paying the consumption charges regularly as per the units recorded by the meter. OP has issued a bill amounting to Rs.26,134/- for the period of one month from 07.12.2017 to 07.01.2018 including the previous arrear and the said bill was payable upto 29.01.2018. However, due to unavoidable circumstances, the complainant was not able to deposit the amount of Rs.26,134/-. As such, the said amount was outstanding against the complainant. Thereafter, complainant fell ill and could not run his Atta Chaki and he decided to close the same. Then complainant moved an application in the month of February, 2018 and requested the OP to disconnect the power supply of the complainant and to remove the meter from the premises of the complainant. On the basis of application moved by the complainant, the OP removed the meter from the premises of complainant and when the meter was removed, the line Man has recorded the particulars of the meter and units as 5478 .

2.             Further, the complainant is having a domestic electricity connection no.TJ-37-1001 and paying the consumption charges regularly. On 25.09.2018, the OP has launched a scheme and waived off the outstanding amount of the complainant and complainant told that nothing is due against the complainant but OP was adamant to recover the outstanding amount and complainant sent a notice dated 31.10.2018 requesting the OP to charge the amount as per the scheme launched by the OP. The complainant had already deposited a part payment of Rs.10000/- on 10.07.2018. OP has prepared a detail of the bills and after going through the entire record, and claimed a sum of Rs.35,696/- till 07.11.2018. After deducting Rs.10000/-, a sum of Rs.25696/- were outstanding against the complainant. On 20.12.2018, complainant has also deposited a sum of Rs.20000/- and thereafter only a sum of Rs.5696/- were outstanding against the complainant. On 27.12.2018, complainant has deposited a sum of Rs.7830/- including consumption charges of Rs.2134/- of the month of December, 2018. As such nothing was due against the complainant. The complainant did not receive the bill for the month of January, 2019 and on 15.02.2019 complainant went to office of OP and OP issued a bill amounting to Rs.50234/- payable upto 27.02.2019. Complainant requested the OP to charge the amount of consumption only for the month of January, 2019 and further requested the OP not to charge Rs.50234/- illegally and forcibly but OP did not adhere to the genuine request of complainant and threatened that if the abovesaid amount is not deposited, the electricity supply of complainant would be disconnected. In this way there was deficiency in service on the part of the complainant. Hence complainant filed the present complaint.

3.             Notice of the complaint was given to the OP, who appeared and filed written version raising preliminary objections with regard to maintainability; cause of action; locus standi; jurisdiction and concealment of true and material facts. On merits, it is pleaded that the complainant was running a Atta Chaki in the village and OP has released the connection no.TL-34-1003 to the complainant. It is further pleaded that complainant was totally irregular in making payment of the electricity connection of Atta Chakki and an amount of Rs.26134/- were due and outstanding against him and due to non-payment of said amount, the aforesaid connection of the complainant was disconnected. It is further pleaded that since the abovesaid amount was due against the complainant, therefore, the amount was rightly transferred in the domestic conenction of the complainant, and complainant is liable to pay the same. There is no deficiency in service on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

4.             Complainant tendered into evidence his affidavit Ex.CW1/A, Bill for the month of January, 2018 Ex.C1, Bill for the month of February, 2018 Ex.C2, receipt dated 27.12.2018 Ex.C3, bill dated 19.01.2018 Ex.C4, receipts dated 20.12.2018 and 10.07.2018 Ex.C5 and Ex.C6, bill dated 17.01.2019 Ex.C7, application dated 31.10.2018 Ex.C8, application dated 10.09.2019 Ex.C9, receipt dated 29.07.2019 Ex.C10, bill dated 19.07.2019 Ex.C11 and closed the evidence on 10.09.2019 by suffering separate statement.

5.             On the other hand, OP tendered into evidence affidavit of Kuldeep Singh C.A. Ex.OP1/A, bill Ex.OP1, circular no.U-15/2018 Ex.OP2, bill detail Ex.OP3, sundry copy Ex.OP4 and closed the evidence on 04.02.2020 by suffering separate statement.

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

 7.               Learned counsel for complainant argued that complainant was running an Atta Chakki and an electricity connection No.TL-34-1003 was installed in it and complainant was paying electricity charges regularly. OP has issued a bill amounting to Rs.26,134/- for the period from 07.12.2017 to 07.01.2018 including previous arrears. Thereafter, the complainant fell ill and could not run Atta Chakki. The complainant moved an application to OP in the month of February 2018 to disconnect the power supply and remove the meter of the Atta Chakki. On the basis of aforesaid application, the connection was disconnected and reading was noted as 5478. The complainant is also having a domestic electricity connection having A/c No.TJ-37-1001 and had been paying consumption charges regularly and nothing was due against the complainant. The complainant had deposited an amount of Rs.10,000/- on 10.07.2018. On 25.09.2018, the OP launched a scheme and waived off the outstanding amount of complainant in the month of January 2018. The OP after going through the entire record, has prepared bill amounting to Rs.35,696/- till 07.11.2018. On 20.12.2018, complainant also paid Rs.20,000/- thereafter only a sum of Rs.5696/- were outstanding. On 27.12.2018, complainant has deposited a sum of Rs.7830/- including consumption charges of Rs.2134/- for the month of December 2018, as such, nothing was due against the complainant. Complainant did not receive bill for the month of January 2019 and February 2019, when the complainant approached the OP, they issued bill for an amount of Rs.50,234/-. Complainant requested the OP not to charge the said amount as the same is illegal but OP did not hear the genuine request of the complainant, hence, the complainant has filed the present complaint and prayed for allowing the same.

8.             Per-contra, learned counsel for OP while reiterating the contents of written version, has vehemently argued that the complainant was not paying the bill regularly, rather the complainant was totally irregular in making payment of bill pertaining to his Atta Chakki and an amount of Rs.26,134/- was due against him, thus, the electricity connection was disconnected. Since, the said amount is due, hence, the same was transferred in the domestic account of the complainant, which is payable by the complainant. He further argued that the entire story put forward by the complainant is an afterthought. He further argued that as per Section 56 (1) of Electricity Act, 2003, the OP has every right to recover the dues from the complainant and prayed for dismissal of complaint.

9.             Admittedly, the complainant was having an electricity connection in his Atta Chakki and some amount was outstanding towards the complainant of that account. It is also an admitted fact that the amount which was outstanding towards the complainant on account of electricity connection of Atta Chakki, could not be paid by him due to unavoidable circumstances.

10.           The complainant has taken a plea that the OP has launched a scheme vide sales circular No.U-15/2018, wherein OP has settled the pending electricity bills of defaulting connection, therefore, nothing is due towards him. On careful perusal of the sales circular No.U-15/2018 reveals that according to which the OP is settling the pending electricity bills of defaulting connected & disconnected domestic consumers (having Whole Current Meters) and non-domestic consumers (with sanctioned load of 5 KW or less) in rural & urban areas (Waiver Scheme-2018) but the electricity connection belonging to the complainant was fell under the category of small power supply (SPS), therefore, the aforesaid scheme does not apply on the case of complainant, therefore, this plea of complainant has no force.

 11.          Learned counsel for OP has brought the attention of this Commission toward Section 56 (1) of Electricity Act, 2003 which is reproduced as under:-

Section 56 Disconnection of supply in default of payment – (1) Where any person neglects to pay any charge for electricity or any sum other than a charge for electricity due from him to a licensee or to the generating company in respect of supply, transmission or distribution of wheeling of electricity to him, the licensee or the generating company may, after giving not less than fifteen clear days’ notice in writing, to such person and without prejudice to his rights to recover such charges or other sum by suit, cut off the supply of electricity and for that purpose cut or disconnect any electricity supply line or other works being the property of such licensee or the generating company through which electricity may have been supplied, transmitted, distributed or wheeled and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and reconnecting the supply, are paid but no longer;

12.           The OP has proved vide calculation Ex.OP3, that an amount of Rs.39,879/- was due towards the complainant on 07.10.2018 for the electricity connection of Atta Chakki and also proved that OP can recover the outstanding amount as per Section 56(1) of Electricity Act, 2003. On the other hand, the complainant failed to rebut the said document by leading cogent and convincing evidence. Furthermore, the complainant has also failed to prove his case by leading cogent and convincing evidence. Hence, present complaint deserves to be dismissal being having no force.

13.           In view of the abovesaid discussion, we do not find any merits in the complaint and the same is hereby dismissed. Since the present complaint is dismissed, therefore, pending application/ applications stands dismissed accordingly. 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: 17.08.2021

 

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

 

(Vineet Kaushik)            

                     Member