Haryana

Karnal

CC/328/2020

Kanta Devi - Complainant(s)

Versus

The S.D.O. Uttar Haryana Bijli Vitran Nigam Limited - Opp.Party(s)

J.B. Rohilla

13 Feb 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 328 of 2020

                                                        Date of instt.28.08.2020

                                                        Date of Decision:13.02.2023

 

Kanta Devi aged about 59 years wife of Shri Mam Chand Rana, resident of village Nigdhu, near Lal Mandir, Nigdhu, Tehsil Nigdhu, District Karnal.

                                               …….Complainant.

                                              Versus

 

1.     The SDO Uttar Haryana Bijli Vitran Nigam Limited, Sub Division Nilokheri, District Karnal.

 

2.     Uttar Haryana Bijli Vitran Nigam Ltd. through its XEN, Sector-12, Urban Estate, Karnal.

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: Shri J.B.Rohilla, counsel for the complainant.

                    Shri Rajbir Sharma, counsel for the OP.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is having an electricity connection bearing account no.KJ34-5121-A, Old account no.51379 installed outside the premises of complainant. The complainant had been paying the electricity charges regularly and as per the latest bill the status of meter is ok. In the month of January, 2020 complainant received an electricity bill of excess amount and he immediately approached to the office of OPs no.1 and asked the reason for sending the bill of excess amount and at that time the official of OPs stated that due to some inadvertence the electricity bill of any other person added in the electricity bill of complainant and they will get corrected the electricity bill and thereafter the complainant has to deposit the same. Thereafter, complainant visited the office of OPs several times and requested to correct the electricity bill and received the same as per actual consumption, but all in vain as the official of the OPs postponed the matter on one pretext or the other. After that complainant received an electricity bill issued on July, 2020 vide bill no.05951 dated 19.07.2020 for the period of 07.06.2020 to 07.07.2020 and total consumed units were 685, but the payable amount in said electricity bill is Rs.94,857/- as the OPS added Rs.89,902/- as arrears. On receiving said electricity bill, complainant approached the OPs and asked about the arrears of Rs.89,902/- but the official of the OPs have not disclosed any reason and not corrected the abovesaid electricity bill and also threatened that if she will not deposit the whole electricity bill, then the official of the OPs will disconnect the electricity supply from the premises of complainant and official of OPs could lodge the FIR of theft of electricity against the complainant. Thereafter, complainant visited the office of OPs several times and requested to correct the electricity bill, but OPs did not pay any heed to the request of complainant and showed adamant attitude in their design. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs appeared and filed its 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 on 02.03.2019, a Team of officials of Shri Rajpal (JE) alongwith other officials visited the premises of the complainant situated in village Nighdu, District Karnal and found that while trace the permanent defaulter site following new connection found running same site in village Nighdu”.

1.     Electricity Connection no.KD34-1336 in the name of Bahadur Singh, resident of village Nighdu, with defaulted amount of Rs.44,424/-.

2.     Electricity connection no.KD34-1369 in the name of Joginder Singh, resident of village Nighdu, with defaulted amount of Rs.57,886/-.

Both the abovesaid defaulting amount transferred to the account no.KJ34-5121 in the name of Smt.Kanta Devi wife of Shri Mam Chand, resident of village Nighdu, District Karnal, being this electricity connection is running in same premises/site and LL-I no.2029 dated 02.03.2019 was also prepared at the spot. There is no deficiency in service on the part of the OPs. The other allegations made in the complaint have been denied by the OPs and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A and copy of bill dated 19.07.2020 Ex.C1 and closed the evidence on 03.09.2021 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Parvinder Kaushal SDO Ex.OW1/A, copy of LL-1 no.2029 dated 02.03.2019 Ex.OP1, copy of photocopy of register Ex.OP2 and closed the evidence on 29.11.2022 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, while reiterating the contents of the complaint, has vehemently argued that complainant is having an electricity connection in her premises. The complainant had been paying the electricity charges regularly and nothing was/is due against the complainant. In the month of July 2020, complainant received a bill of Rs.94,857/- as the OPs added Rs.89,902/- as arrears. On receiving said electricity bill, complainant approached the OPs and asked about the arrears of Rs.89,902/- but the official of the OPs have not disclosed any reason and not corrected the abovesaid electricity bill and also threatened that if she will not deposited the electricity bill, then they will disconnect the electricity supply 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 Electricity Connection no.KD34-1336 in the name of Bahadur Singh, resident of village Nighdu, with defaulted amount of Rs.44,424/- and Electricity connection no.KD34-1369 in the name of Joginder Singh, resident of village Nighdu, with defaulted amount of Rs.57,886/-. Both the abovesaid defaulting amount transferred to the account no.KJ34-5121 in the name of Smt.Kanta Devi wife of Shri Mam Chand, resident of village Nighdu, District Karnal, being this electricity connection is running in same premises/site and LL-I no.2029 dated 02.03.2019 was also prepared at the spot and lastly prayed for dismissal of the complaint.

9.             Admittedly, electricity connection bearing no.KJ34-5121-A was installed in the premises of the complainant. It is also admitted that complainant is paying the electricity bill regularly. It is also admitted that disputed bill is of Rs.94857/-.

10.           In the same premises two another new electricity connections found running, one electricity connection no.KD34-1336 in the name of Bahadur Singh and second electricity connection no. KD34-1369 is in the name of Joginder Singh. Both the electricity connections were defaulted for an amount of Rs.44,424/- and Rs.57,886/- respectively.

11.           Said defaulted amount has been transferred to the account no. KJ34-5121-A in the name of Kanta Devi (complainant) wife of Mam Chand, being the said electricity connection was running in the same premises. LL-1 no.2029 dated 02.03.2019 Ex.OP1 was also prepared at the spot. Said LL-1 has been prepared against the electricity connection holder namely Bahadur Singh and Joginder Singh. It is not a case of the OPs that both the said electricity connections were being used by the complainant and not used by the aforesaid person. OPs have transferred the defaulted amount of the abovesaid connections upon the complainant without any cogent reason. It was the OPs to disconnect the abovesaid both electricity connections and initiated criminal proceeding against the said persons. But OPs, inspite of taking the action against the said persons have transferred the defaulted amount in the account of complainant in arbitrary and illegal manner. Thus, the act of the OPs while transferring the defaulting amount belonging to Bahadur Singh and Joginder Singh amounts to deficiency in service and unfair trade practice.

12.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs not to recover the defaulting amount of another consumer from the complainant and not to disconnect the electricity connection of the complainant on the said ground. We further direct the OPs to pay Rs.10,000/- to the complainant on account of mental agony and harassment and  towards the 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:13.02.2023                                                                    

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

                           Member                          Member