Haryana

Ambala

CC/130/2015

Kulwinder Singh - Complainant(s)

Versus

U.H.B.V.N. Ltd. - Opp.Party(s)

Avtar Singh Turka

27 Oct 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 130 of 2015

                                                          Date of Institution         : 07.05.2015

                                                          Date of decision   : 27.10.2017

 

          Kulwinder Singh S/o Sh. NIrmal Singh R/o H.NO.237, Sarswati Nagar,   Ambala City.

……. Complainant.

 

1.       UHBVNL through S.D.O. (Operation) Sub Division EAST, Division       Ambala city.

2.       XEN, Operation, UHBVNL Division, Ambala, Distt. Ambala.

 

….…. Respondents.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER         

                   MS. ANAMIKA GUPTA, MEMBER                 

 

Present:       Sh. Avtar Singh, counsel for complainant.

                   Sh. Saravjeet Singh, counsel for OPs.

 

ORDER:

                   In nutshell, brief facts of the present complaint are that the complainant is having a domestic electric connection issued by OP NO.1 bearing account NO.C-3220/3498A with a sanctioned load of 5 k.w.. Further submitted that the complainant received a notice dated 05.03.2013 bearing memo NO.720/CA by which the OP No.1 has called upon the complainant to pay a sum of Rs.81,408/- as penalty for theft of energy on the basis of false and frivolous and illegal report dated 27.03.2012 and the OP NO.1 without any show cause notice and without granting opportunity of hearing to the complainant imposed penalty of Rs.61408/- beside Rs.20,000/- as compounding charges by alleging it to be a case of theft under Section 135 of Electricity Act 2003. Further submitted that the complainant deposited 50% amount of assessment illegally assessed by the OP No.1 under protest i.e. Rs.31408/- and had filed a civil suit for declaration against the Ops and the learned Civil Court restrained the OPs from recovering the remaining amount of penalty in dispute from complainant. Further submitted that during the pendency of the above noted suit the OP issued a letter to the complainant offered a scheme for out of Court settlement of pending Court case and the complainant after accepted the proposal of the Ops further deposited Rs.10,000/- and thus the complainant deposited Rs.41408/- i.e. 50% amount of imposed by the OPs upon the complainant as penalty for theft of energy and after deposited the above said amount the Ops assured that the dispute regarding the penalty imposed by the OPs has been settled and now nothing is due against the complainant. Further submitted that the complainant got shocked when he received a electric bill dated 13.04.2015 regarding the above noted connection for the period of 15.01.2015 to 15.03.2015 for consumption of 1008 units of Rs.33968/- which is showing 5941-96 as current cycle charges, arrears outstanding dues Rs.71154-04, sundry charges/allowances provisional adjustment Rs.44085/- and after that net payable amount Rs.33011/- and gross amount payable after due date 33965/- and complainant approached the Ops and requested them that there is no arrears pending against the complainant as the complainant already settled the account with the Ops regarding the above said connection on 31.12.2014 and also requested the Ops to correct the electric bill of the complainant which is excess to Rs.27064.04 and the complainant is ready to deposit the bill of actual consumption for the period of 15.01.2015 to 15.03.2015 of Rs.5941.96. Further submitted that the complainant is paying the electric bill to the Ops regularly but now, the complainant surprised to receive the extracted bill amounting to Rs.27069.04 on the above said electricity connection and when the complainant visited the office of OP No.1 and apprised the OP No.1 regarding the extracted bill when the complainant asked the OP No.1 now, how and is what manner the OP is claiming the arrears on the above said connection as the same was settled on 31.12.2014 and the complainant asked the OP No.1 that on what basis the OP No.1 sent the extracted bill to the complainant on the above said connection at this the OP No.1 told the complainant to deposit the bill otherwise the connection of the complainant will be dis-connected and the complainant requested OP No.1 to rectify the above said mistake in the bill, due to which amount to Rs.33,965/- have been order to be charged which is extracted amounting to Rs.27069/- but he has refused to rectify the same rather have threatened to disconnect the electric connection if the above said amount is not deposited. Hence, the present complaint.

2.                Upon notice, OP appeared and filed written statement submitting that the electricity connection bearing account NO.C-3220-3498A is on the name of Sh. Nirmal Singh and not on the name of complainant and the checking report bearing No.17/31 dated 23.03.2012 was according to the facts found during the checking of electricity connection bearing account No.C-3220/3498A. Further submitted that notice dated 05.03.2015 bearing memo NO.720/CA was served on the complainant whereby the complainant was called upon to pay a sum of Rs.61,408/- on account of assessment of theft of electricity and Rs.20,000/- as compounding charges in case the complainant wanted to have the offence of theft of electricity compounded. Further submitted that vide bill dated 13.04.2015 for the period of 15.01.2015 to 15.03.2015, the sundry charges to the tune of Rs.27,069.04 were claimed on account of electricity consumption chargers and the above said sum of Rs.27,069.04 does not include any penalty for theft of electricity impose by notice bearing memo No.720/CA dated 05.03.2015 as the matter regarding penalty for theft of electricity stands settled as per the settlement scheme for out of court settlement. Further submitted that the complainant is very much aware of the fact that the amount of Rs.27,069.04 has been claimed by the complainant on account of consumption charges and no question of correction of bill arises since the bill is very much correct and the complainant is liable to pay the amount of Rs.27,069.04 as charges for electricity consumption.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-10 and closed his evidence. On the other hand, counsel for the OPs has also tendered affidavit as                                 Annexure –R-X alonwith documents as Annexure R-1 and closed his evidence.

4.                We have heard learned counsel for the parties and carefully gone through the case file.

5.                It is not disputed that the premises of the complainant was checked by the Vigilance Party and as per checking report (Annexure C-1) it was found that the complainant was stealing the electricity and the OP has issued the notice under Section 135 and 152 of Electricity Act to the complainant as per Annexure C-2 and imposed the penalty amount Rs.61,408/- as well  as Rs.20000/- as compound charges and the complainant had deposited the 50% of above said amount in view of the scheme launched by the OPs and the complainant has also deposited Rs.10,000/- and the matter was settled between parties regarding stealing of the electricity and OPs have not registered the FIR against the complainant. We have perused the account statement Annexure R-1 whereby after depositing 50% amount of Rs.44,085/- in the month of April 2015, there was due amount of Rs.33,968/- against the father of the complainant as electricity consumption charges. We have also perused Annexure C-10 bill dated 13.04.2015 which is clearly shows that in the heading of the detail of the amount i.e. current charge Rs.5941.96/- and outstanding due shown Rs.71,154/- and sundry charges allowances – Rs.44,085/- and outstanding bill  is shown Rs.33,965/- after deducting the amount Rs.44,085/-. As per  document Annexure R-1, the complainant has to pay the amount of Rs.80,027/- from February 2014 up to August, 2017 and the complainant has not deposited the whole of the above said amount rather he paid the part payment of the above amount which was shown as  adjusted as per Annexure R-1.

                   We are of the considered view that the complainant has not deposited the due amount of Rs.80,027/- and same was due upto August, 2017 rather it was duty of the complainant to deposit the electricity charges as mentioned above. So, there is no negligence on the part of the OPs and the OP No.1 has rightly sent the bill which was challenged by the complainant in the complaint for the period from 15.01.2015 to 15.03.2015. There was outstanding balance shown amount of Rs.33965/- as electricity charges in challenged bill. It is not a case of the complainant is that the meter in question is defective one. The complainant failed to prove his case in the absence of the cogent evidence. Hence, the present complaint is hereby dismissed with no order as to costs.  Copies of the order be sent to the parties concerned, as per rule. File be consigned to record room after due compliance.

Announced on :27.10.2017                                                       (D.N. ARORA)

                                                                                       President

    

     (PUSHPENDER KUMAR)

                                                                                       Member

 

           (ANAMIKA GUPTA)

                                                                                       Member