Haryana

Yamunanagar

CC/1174/2011

Krishan Chand S/o. Shiv ram - Complainant(s)

Versus

UHBVN Ltd. - Opp.Party(s)

Rajiv Bhardwaj

06 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA   NAGAR

                                                                                        Complaint No. 1174  of  2011.

                                                                                         Date of institution: 22.11.2011.

                                                                                         Date of decision: 06.12.2016.

Krishan Chand aged about 50 years son of Sh. Shiv Ram, resident of Village Udhamgarh, Tehsil Bilaspur, District Yamuna Nagar.                                                                                                                                                                                                                                                                                                                                                            …Complainant.

 

                                    Versus

1. Uttari Haryana Bijli Vitran Nigam Limited through its Managing Director, Shakti Bhawan, Panchkula.
2. The Sub Divisional Officer, OP Sub Division, UHBVN Sadhaura, District Yamuna Nagar.                                                                                                                                                                                                                                                                                                                              … Respondents.

                         

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT

                         SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Rajiv Bhardwaj, Advocate, counsel for complainant.   

              Sh. Ajay Shandaliya, Advocate, counsel for respondents.  

 

ORDER

 

1.                     The present complaint has been filed by Krishan Chand under section 12 of the Consumer Protection Act 1986 praying therein that respondents (hereinafter referred as OPs) be directed to set aside the Bill bearing No. 2687 in respect of electric connection bearing account No. JS-19/6750-X and issue a fresh bill in respect of actual consumption of electricity and further to pay compensation as well as litigation expenses.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that complainant is having an electricity connection bearing account No. JS-19-6750 installed in his house and paying the electricity bills regularly. Earlier, the complainant and his brother were living in the house in question where the abovesaid electric connection is installed but subsequently they got separated and so there was dispute regarding payment of the electricity charges. As such, some bills could not be paid and there were some arrears regarding the above domestic connection. About 20 days back the officials of the OPs came to the house of complainant to disconnect the domestic connection of the complainant and complainant approached the Op No.2 and requested for issue of bill so that the same can be paid whereupon the OPs issued bill bearing No. 2687 wherein an amount of Rs. 46237/- has been shown as sundry charges. However, the complainant told the Op No.2 that there is no arrear due against him but Op No.2 told that there were some arrears in respect of commercial connection No. JS-19-6596 which has been added in this bill. However, the complainant told the OPs that the said electric connection stood disconnected five years back as the shop in question wherein the said connection was installed has already been closed before five years. The complainant requested the OP No.2 to delete the illegal amount added in the bill in question but OP No.2 refused to do anything. The act and conduct of the OPs is wrong and illegal and they are guilty of the deficient and negligent services to the complainant. Hence this complaint.

3.                     Upon notice, Ops appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable in the present Forum; complainant has got no locus standi or any cause of action; complainant is estopped from filing the present complaint by his own act and conduct. The complainant has not come to this Forum with clean hands and has suppressed the material facts from this Forum. The true facts are that the complainant was holder of two electricity connection bearing account No. JS-19/6596 and JS-19/6750 but due to non payment of consumption charges standing against the connection bearing account No. JS-19/ 6596, the aforesaid electricity connection of complainant was disconnected on 10/2009 and on that day the consumption charges of Rs. 30,601/- was lying outstanding against the complainant and thereafter, the said amount was transferred in another electricity connection bearing No. JS-19/6750 standing in the name of complainant being same consumer. So, the complainant is liable to pay the same and he has no right to file the present complaint and the same is liable to be dismissed and on merit controverted the plea taken in the complaint and reiterated the stand taken in the preliminary objections and lastly prayed for dismissal of complaint.

4.                     To prove the case, counsel for the complainant tendered into evidence affidavit of complainant as Annexure CX and documents such as photo copy of bill bearing No. 2687 amounting to Rs. 47239/- as Annexure C-1, Photo copy of bill bearing No. 2639 dated 24.01.2010 as Annexure C-2 and closed the evidence on behalf of complainant.

5.                     On the other hand, counsel for the Ops failed to adduce any evidence, hence their evidence was closed by court order dated 25.03.2016.

6.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

7.                      The only version of the Ops is that complainant was having two electricity connections bearing No. JS-19/6596 and JS-19/6750 in his name and an amount of Rs. 30,601/- was due in his account bearing No. JS-19/6596 on 10/2009 which was not paid by the complainant and due to default in the payment the said connection bearing No. JS-19/6596 was permanently disconnected and defaulting amount Rs. 43,822/- was transferred in another account bearing No. JS-19/6750 of complainant installed in the premises in question. So, the complainant is liable to pay the bill amount in which an amount of Rs. 43,822/- on account of account bearing No. JS-19/6596 has been included and using the electricity connection installed in the same premises.

8.                     On the other hand, counsel for the complainant hotly argued that complainant is not entitled to pay the same as the disputed amount is related to connection bearing account No. JS-19/6596. Learned counsel for the complainant further argued that the complainant was paying the electricity bills regularly in respect of electricity connection bearing No. JS-19/6750 which is installed in the premises and nothing is due against that connection. The alleged disputed amount is only relating to another electricity connection bearing account No. JS-19/6596 which was neither remained installed in this premises nor any such electricity bill has been raised by the Ops prior to this alleged bill. Learned counsel for the complainant further argued that the OPs kept mum for such a long time and not transferred the defaulted amount in his account earlier. Lastly, prayed for acceptance of complaint and to quash the defaulting amount of Rs. 46237/- which has been wrongly transferred in the account bearing No. JS-19/6750.

9.                     After hearing both the parties and going through the contents of complaint as well as documents, we are of the considered view that there is  no deficiency in service on the part of the Ops as the complainant has himself admitted in para No.4 of the complaint that one another commercial connection bearing No. JS-19/6596 was standing in his name and was disconnected due to non payment of the electricity bills. The version of the complainant is that the connection was disconnected 5 years back whereas as per the version of the OPs Nigam that commercial connection was disconnected on 10/2009 and on that day the consumption charges of Rs. 30601/- was lying outstanding against the complainant. To prove the version complainant failed to place on file any previous electricity bills of the another commercial connection and even the complainant has not summoned any record from the office of the OPs and in the absence of any cogent evidence, this Forum is unable to presume that, that commercial electricity connection was disconnected 5 years ago or in the month of October 2009 as stated by the Ops in its written statement. Even, the version of the OPs that an amount of Rs. 30601/- was pending against the complainant on 10/2009, was also not rebutted by the complainant by filing any rejoinder or any such documentary evidence. Although the OPs Nigam has also not placed on file any evidence or account statement relating to the previous commercial electricity connection bearing account No. JS-19/6596, even then when a specific figure i.e. Rs. 36601/- was disclosed by the OPs in its reply then it was the duty of the complainant to rebut the same if that amount was otherwise but the complainant has totally failed to discharge the onus to prove that the OPs Nigam has wrongly and illegally charged the defaulted amount from the complainant by adding the same in his domestic connection bearing account No. JS-19/6750.

10                    In these circumstances, we are of the considered view that the complainant is not entitled for any relief as he has placed on file only photo copy of bill bearing No. 2687 dated 10.10.2011 and except this one nothing has been placed on file.

11.                   Resultantly, we find no merit in the present complaint and the same is hereby disposed off with the direction to the OPs to charge only Rs. 30601/- from the complainant i.e. actual amount of connection bearing account No. JS-19/6596 without any surcharge. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court: 06.12.2016.

 

 

                                                                                                ( ASHOK KUMAR GARG)

                              (S.C.SHARMA)                                    PRESIDENT

                              MEMBER