Haryana

Karnal

CC/453/2020

Mahabiri Devi - Complainant(s)

Versus

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

Amrit Pal Singh

16 Jan 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                          Complaint No. 453 of 2020

                                                          Date of instt.23.10.2020

                                                          Date of Decision 16.01.2023

 

Mahabiri Devi wife of Shri Brij Lal, resident of village Ram Pura Katta Bag, Tehsil and District Karnal. Aadhar card no.2548-1554-1007.

 

                                                 …….Complainant.

                                              Versus

 

1.     The S.D.O. Uttar Haryana Bijli Vitran Nigam Limited, Sub Division City Karnal, District Karnal.

 

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

 

                                                                    …..Opposite Parties.

 

      Complaint u/s 35 of the Consumer Protection Act, 2019

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

      Dr. Rekha Chaudhary…..Member

 

 Argued by: Shri Amrit Pal Singh, counsel for the complainant.

                    Shri Amit Munjal, counsel for the opposite parties.

 

                        (Jaswant Singh President)

 

ORDER:                    

 

                        The complainant has filed the present complaint u/s 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is consumer of OPs having electricity connection bearing no.1793520000, old account no.2131504USD271871, which is installed outside the premises of the complainant. Complainant had been paying the electricity charges regularly. In the month of October, 2019 the electric meter got jumped, complainant received an electricity bill dated 10.10.2019 of excess amount of Rs.40,290/-, vide  which the consumed unit was 5146 i.e. old unit was 8237 and  new unit was 13383. After receiving the said electricity bill, complainant approached to OP no.1 and asked the reason for sending the bill of excess amount but official of OPs has not given any satisfactory reply to the complainant and postponed the matter on one pretext or the other. It is further averred that prior to said electricity bill the actual consumed unit of complainant was 200-300 units and said fact was told by the complainant to the OPs but inspite to correcting the said electricity bill, the official of the OPs showed adamant attitude in their design and motive. Complainant moved an application to the C.M. Window in this regard. Thereafter, OPs sent the electricity bill to the complainant for the month of November 2019, February, March, June,2020 and in the said electricity bills the consumed unit was 419, 140, 171, 381 respectively. After receiving the electricity bills, the complainant every time visited to the OPs with the request to correct the electricity bill for the month of October, 2019 and received the same as per actual consumption but OPs did not pay any heed to the request of complainant and threatened the complainant that if she will not deposit the whole electricity bill then the official of OP will disconnect the electricity supply from the premises of complainant and official of OP could lodge the FIR of theft of electricity against the complainant. 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 and concealment of true and material facts. On merits, it is pleaded that complainant at her own has “judged/decided” that the electricity meter has jumped and the bill dated 10.10.2019 is on the higher side. When the complainant approached to the OPs, she was fully attended and after going through the record, facts of the case, it was explained that the said electricity bill dated 10.10.2019 is for a “longer period” i.e. for the period from 24.05.2019 to 13.09.2019=112 days. The complainant was advised to give an application to the office of OP no.1 for checking of her electricity meter. It is further pleaded that the bills are raised as per “actual consumption” so the current  “consumption” cannot be compared with the previous bill w.r.t. days and season. It is further pleaded that on receipt of the application dated 13.12.2019 from the complainant, the electricity meter of the complainant against account no.1793520000 was got checked by the OP no.1, it was found o.k. and a report of the same was submitted to the C.M. window by the OP no.1 with reference to Grievance no.CM0FF/2020/025033 dated 03.03.2020. It is further pleaded that the previous/future consumption is not co-related rather the bills are raised as per “actual consumption”. The future electricity bills of the complainant have been raised as per actual meter reading-unit consumed and the same are not comparable with the previous reading/consumption. There is no question arise to correct the bill dated 10.10.2020. It is further pleaded that the OP department is a Government of Haryana and is bound to follow the rules and regulations of the Government of Haryana as well as head office, framed and circulated from time to time. The “accounts” of the OPs department are subject to Audit by various Audit agencies including finance department, Haryana, commercial audits as well as Internal Audit conducted by the office of Chief Accounts Officer, UHBVN. These parties visit the field officers of the OPs department and conduct 100% accounts audit at regular intervals, so it is not possible for the OP no.1 to reduce the electricity bill of the complainant on her request. It is further pleaded that complainant never approached the OPs after March, 2020. Since the bill dated 10.10.2019 was not deposited by the complainant, so the said bill amount was raised under head “arrears outstanding dues” in the future bills. The OPs cannot reduce the actual consumption bill of the complainant as per rules and regulations of the OP department. A bare perusal of the bill dated 10.10.2019 would reveal that the said electricity bill is for a longer period of 112 days, the sanctioned load of the complainant is 2KW, the bill basis, reading and mater status are o.k. There is no question of threatening etc. as alleged. The complainant has not made payment of any electricity bill after August, 2019. As far as non deposit of the pending bills is concerned, it is submitted that being the Government of Haryana Nigam, further action is taken by the OP department as per rules and regulations of the department, when the consumer fails to deposit the pending electricity bills, despite various personal visit of the officials of the department to persuade the consumer to clear the pending bills. There is no deficiency in service and unfair trade practice on the part of the OPs. 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 complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of electricity bills Ex.C1 to Ex.C11, copy of applications to OPs Ex.C12 and Ex.C13, copy of receiving of application in C.M. Window Karnal Ex.C14, attested copies of bills receipt Ex.C15 to Ex.C26 and closed the evidence on 17.03.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Shivam Bangri SDO Ex.OP1/A, copy of reply of RTI Ex.OP1, copy of electricity bill dated 10.10.2019 Ex.OP2, copy of bills dated 31.12.2019 and 11.02.2020 Ex.OP3 and Ex.OP4 and closed the evidence on 07.10.2022 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 the complainant, while reiterating the contents of the complaint, has vehemently argued that complainant is paying the electricity charges regularly. Complainant received electricity bill dated 10.10.2019 from the OPs to the tune of Rs.40,290/-, which was very huge. After receiving the said bill complainant visited the office of OPs to correct the electricity bill but the electricity bill of the complainant has not been corrected after repeated requests. He further argued that complainant is ready to pay the bill as per actual consumption and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel of OP while reiterating the contents of the written version, has vehemently argued that electricity bill dated 10.10.2019 is for the period from 24.05.2019 to 13.09.2019=112 days. The complainant gave an application to the OP no.1 for checking of her electricity meter and on receipt of the application dated 13.12.2019 from the complainant, the electricity meter of the complainant was got checked and it was found o.k. The future electricity bills of the complainant have been raised as per actual meter reading-unit consumed and the same are not comparable with the previous reading/consumption. Complainant never approached the OPs after March, 2020. Since the bill dated 10.10.2019 was not deposited by the complainant, so the said bill amount was raised under head “arrears outstanding dues” in the future bills. The sanctioned load of the complainant is 2KW and mater status are o.k. He further argued that the complainant has not made payment of any electricity bill after August, 2019 and lastly prayed for dismissal of the complaint.

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

10.           Admittedly, complainant is consumer of OP. The complainant has challenged the bill dated 10.10.2019 on the ground that she is paying the electricity charges regularly as per consumption.

11.           As per the version of the OP, electricity bill dated 10.10.2019 is for the period from 24.05.2019 to 13.09.2019=112 days. The bills are raised as per “actual consumption” so the current  “consumption” cannot be compared with the previous bills with respect to days and season. The complainant has not made payment of any electricity bills after August, 2019

12.           As per version, of the complainant, the average consumption of the premises of the complainant was 200-300 units and she has been paying the electricity charges regularly. On the other hand, OP has taken a plea that complainant has not made payment of any electricity bills after August, 2019. Complainant has not placed on file any receipt with regard to paying the electricity bills regularly. Complainant has placed on file payments receipts Ex.C15 to Ex.C26 which are upto August 2019 and no other payment receipt has been placed on file to prove that complainant has paid the electricity charges after August, 2019. It has been proved on record that complainant has not paid a single penny after 08.08.2019 and continuously using the electricity consumption and has been enjoying facility of electricity.

13.           The disputed bill is for the period from 24.05.2019 to 13.09.2019=112 days. The said period is a peak season of summer and possibility of consuming the said units cannot be ruled out.   Thus, we are of the considered view that the disputed bills issued by the OPs are as per actual consumption. Hence, present complaint is devoid of any merits and same deserves to be dismissed and same is hereby dismissed accordingly. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:16.01.2023                                                                     

                                                        President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

     

(Vineet Kaushik)        (Dr. Rekha Chaudhary)                     

  Member                                Member