Haryana

Ambala

CC/342/2022

NISHA SHARMA. - Complainant(s)

Versus

U.H.B.V.N.L SUB DIVISION. - Opp.Party(s)

NISHA SHARMA

20 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	342 of 2022
Date of Institution	:	06.09.2022
Date of decision	:	20.02.2024

 

Nisha Sharma wife of Sh. Rajeev Sharma, aged about 55 years, resident of House No: 918/27, Friends Colony, Jalbera Road, Ambala City-Haryana.

          ……. Complainant.

                                                Versus

1. U. H. B. V. N. L. Sub Division A32-East, Near Kutchery, Ambala City, through its S.D. O.
2. U. H. B. V. N.L. (OP) Divn, Near Vita Milk plant, Ambala city. through XEN.

  ….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

                     Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:-     Shri Vikas Arora, Advocate, counsel for the complainant.                                                                                                                                    Shri Dharam Chand Bhatti, Advocate, counsel for the OPs.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund the excess amount deposited by the complainant amounting to Rs.5315/- alongwith interest since Dec 2021, till realization.
2. To pay compensation to the complainant amounting to Rs.1 lac on account of mental harassment and financial loss and
3. To pay Rs. 20,000/- to the complainant as litigation expenses.
4. Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant is registered owner of the property bearing House No: 918/27 Friends Colony, Jalbera Road, Ambala City and there is an electricity meter installed in the above said house-property bearing Account No: 2430430000 for domestic use purpose in the name of the complainant since 26 years. The said Electricity Meter is now installed outside the house as per policy of the OPs, since 2015. Further, the complainant is paying the electricity bills to the concerned department from time to time without any delay. The complainant is living in her house as mentioned above alongwith her husband Rajeev Sharma and using the minimum electricity appliances. The electricity consumption bills are  being issued by the OPs for about Rs.1000/- to Rs.1200/- for two months. The children/sons of the complainant are major/married and they are residing separately at their duty places. The OPs issued the electricity consumption bills dated 10-12-2021 amounting to Rs. 2063/-. In the said bill, an outstanding amount of previous period amounting to Rs.1175/- was also added in the bill. The complainant deposited the bill of Rs.1175/- to the OPs, ON-Line. However, thereafter, electricity bill of Rs.6203/- was issued on 15-12-2021. The complainant reported the matter through written application to the concerned department. On this, the C.A. Suraj Parkash advised the complainant that the electricity bill of the complainant is amounting to Rs.6203/- as the past reading of the electricity meter of last 645 days has shown average bill. The complainant requested the OPs that there is no defect in the meter and the Meter Reader namely Lakhwinder Singh is taking the meter reading regularly and thus there is no question of average bill. The representatives of the OPs warned the complainant to deposit the said consumption bill failing which the electricity meter will be disconnected. Thus, under those circumstances, the complainant has deposited the said electricity bill of Rs.6203/- during the month of December 2021. In this way, under pressure from OPs, the complainant has deposited excess amount of Rs. 5315/- so that her electricity meter is not disconnected. Thereafter, the complainant has reported the matter through written applications on various dates including the C.M. Window, D. C. Office, Ambala City, but all in vain.  Hence, the present complaint.
3.           Upon notice, the OPs put in appearance and filed written version admitted that the complainant was issued one electricity bill of Rs.2,063/-. It has been stated that infact, the said bill was not issued on 10.12.2021 but was issued on 30.11.2021 and rather 10.12.2021 was the due date for paying the said bill. Moreover, an outstanding amount of previous period of Rs.1,175/- was not added in the said bill and the said amount of Rs.1175/- was shown to be received in the 'Last Payment Details' Section of the said bill. The OPs had cancelled the said bill well within time, and had again sent the revised bill dated 08.12.2021 covering the said period.  As far as bill which was issued on 08.12.2021, it relates to the amount of Rs.6,203/- to be paid by the complainant latest by 15.12.2021. The said bill was sent to the complainant for the actual units consumed by her  after making an adjustment for a period of 645 days (23.01.2020 to 29.10.2021). The OPs had sent the said revised electricity bill for the actual units consumed by the complainant after making an adjustment. Rest of the averments of the complainant were denied by the OPs and prayed for dismissal of the present complaint with special costs.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CA, alongwith documents as Annexure C-1 to C-6 and closed the evidence on behalf of complainant. On the other hand, learned counsel for OPs tendered affidavit of Vaibhav, SDO, ‘OP’ East, UHBVN, Ambala City as Annexure RW1/A alongwith documents Annexure R-1 to R-5 and closed the evidence on behalf of OPs.
5.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by raising excessive bill to the tune of Rs.5315/- for the period June 23.01.2020 to 29.10.2021 and receiving the said amount of Rs.5315/- under the threat of disconnection of electricity meter, the OPs are deficient in providing service and adopted unfair trade practice.  
7.           On the other hand, learned counsel for the OPs submitted that the said bill was sent to the complainant for the actual units consumed by her after making an adjustment for a period of 645 days (23.01.2020 to 29.10.2021). The OPs had sent the said revised electricity bill for the actual units consumed by the complainant after making an adjustment. He further submitted that on receiving the complaint from the CM Widow and office of the Hon’ble Home Minister, Government of Haryana, filed by the complainant, the OPs in order to check as to whether the meter in question was working properly or not, removed the same and sent to the Laboratory at Dhulkot and a notice dated 28.01.2023, Annexure R-3 sent to her to be present at the time of checking of the meter but she did not come there.  
8.                     It may be stated here that the OPs have failed to prove their case, as to on what basis, the revised bill dated 08.12.2021, Annexure C-6 to the tune of Rs.6203/-  for the period from 23.01.2020 to 29.10.2021, has been arrived at. It has also not been justified by the OPs by placing on record any evidence to prove as to how, they had issued the revised bill dated 08.12.2021, Annexure C-6 to the tune of Rs.6203/-, when they had already issued the bill dated 30.11.2021, Annexure C-5 for the period from 22.07.2021 to 30.11.2021, to the tune of Rs.2063/- wherein the arrears/outstanding due has been shown as 0.33. However, the learned counsel for the OPs has pleaded that the meter in question was removed from the premises of the complainant to get it checked from the Laboratory at Dhulkot, but the complainant failed to come present on 30.01.2023 despite the fact that notice dated 28.01.2023, Annexure R-3 was sent to her. It is significant to mention here that we have gone through the contents of  notice dated 28.01.2023, Annexure R-3 and found that wrong and incomplete address of the complainant has been mentioned on the said notice i.e. Nisha Sharma, 47437, Friend Colony instead of House No: 918/27, Friends Colony, Jalbera Road, Ambala City-Haryana, as mentioned in the bills. Thus, this notice has no effect on the case of the complainant, as the same could have never served upon her, due to wrong address. The Hon’ble Punjab and Haryana High Court in the case of CWP No. 7662 of 2016 (O&M)-Satish Sandhu And Anr vs Uttar Haryana Bijli Vitran Nigam, decided on 4 July, 2018 and also Punjab State Power Corporation Ltd. Vs M/s Dashmesh Gram Udog Samiti, RFA No.1000 of 2018 decided on 05.04.2018, has held that because notice for appearance at the site was not given to the consumer, the expert report was not taken into consideration.  Under these circumstances, in the absence of any evidence in the hands of the OPs to the effect that the complainant was liable to make payment of Rs.6203/- (as per complainant Rs.5315/- in excess i.e. Rs.2063/- minus Rs.1175/-=Rs.888/- minus Rs.6203/-) for the period from 23.01.2020 to 29.10.2021, the OPs were not entitled to recover the same from the complainant. Thus, by receiving the excess  amount of Rs.5315/- without any justification, the OPs are deficient in providing service and adopted unfair trade practice and are liable to refund the same to the complainant alongwith interest. 

9. Resultantly, the demand raised by the OPs vide electricity bill dated 08.12.2021, Annexure C-6 to the tune of Rs.6203/- (as per complainant Rs.5315/- in excess i.e Rs.2063/- minus  Rs.1175/- = Rs.888/- minus Rs.6203/-) for the period from 23.01.2020 to 29.10.2021 in respect of the electricity meter in question in quashed.
10. In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:- 

• To refund the amount of Rs.5315/- to the complainant alongwith interest @6% p.a. from the date of receipt of the same, till its realization.
• To pay lumpsum amount of Rs.2,500/- as compensation for the mental agony and physical harassment suffered by the complainant and also litigation expenses.

 

The OPs are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 20.02.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President