Haryana

Yamunanagar

CC/82/2014

Kusum Kalra W/o Hukum Chand - Complainant(s)

Versus

UHBVN Ltd. - Opp.Party(s)

H.C.Kalra

30 Oct 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                             Complaint No. 82 of 2014.

                                                                                             Date of institution: 5.2.2014

                                                                                             Date of decision: 30.10.2015.

Smt. Kusum Kalra aged 61 years wife of Shri Hukum Chand Kalra, R/o House No. 17/75, Thapar Colony, Yamuna Nagar.                                                                                                                                                                                            …Complainant.

                                    Versus

 

Uttri Haryana Bijli Vitran Nigam Ltd. Sub Division Model Town, Yamuna Nagar through its Sub Divisional Officer.                                                                                                                                                                                                               …opposite party.

 

Before:            SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. H.C.Kalra, Advocate, counsel for complainant.   

                Sh. Dharamvir Singh, Advocate, counsel for OP.           

             

ORDER

 

1.                     Complainant Smt. Kusum Kalra has filed the present complaint under section 12 of the Consumer Protection Act. 1986, praying therein that the respondent (hereinafter referred as OP) be directed to rectify the Bill dated 12.11.2013 and further to pay Rs. 20,000/- as compensation for mental agony, harassment alongwith Rs. 5500/- as litigation expenses.  . 

2.                     Brief facts of the complaint, as alleged by the complainant, are that the complainant is having a domestic electricity connection bearing account No. Y43YT-227171W having 5 KW load at her house and paying the bills regularly from the last so many years as per actual consumption. The consumption of the aforesaid connection is varying from 300 units to 650 units as cleared from the bills sent by the OP having meter status O.K.

3.                     Now the complainant received a bill bearing No. 6415 dated 12.11.2013 in which it has been shown that units consumed for two months period is 4385 units and a sum of Rs. 32387/- was imposed upon the complainant. On receiving the bill, the complainant approached the OP and came to know that huge consumption shown due to over jump of the meter, regarding this an application dated 18.11.2013 was moved with the OP and the check meter was also installed at the premises of complainant and a sum of Rs. 4000/- was deposited by the complainant against this bill on the basis of average consumption and the OP promised that they will correct the bill. Now the OP has refused to correct the aforesaid bill by saying that in check meter no jump meter has recorded, however, it has been mentioned that no such huge consumption was ever made by the complainant as is clear from the bills in question. To prove this version, counsel for complainant tendered into evidence affidavit of complainant as Annexure CW/A and documents Annexure C-1 to C-4 and closed the evidence on behalf of complainant.

4.                     Upon notice OP appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable, no locus standi, complainant stopped from filing the present complaint by her own act and conduct, has not come to this Forum with clean hands and has suppressed the true and material facts and on merit it has been stated that bill has been rightly sent to the complainant as per his actual consumption and there is nothing wrong. The complainant is bound to make the payment of the bill amount. The true and correct picture of the consumption made by the complainant is depicted in the account statement enclosed as Annexure R-1. It has been specifically denied that the electric meter of the complainant has ever jumped as alleged by the complainant. Lastly, prayed for dismissal of complaint.  To prove this OP filed affidavit of Sh. R.K.Saini, SDO, UHBVNL as Annexure RW/A and document Annexure R-1 Account Statement showing reading w.e.f. March 2013 to March 2014 and closed the evidence on behalf of OP.

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

6.                     It is not disputed that complainant was having domestic electricity connection bearing account No. Y43YT-227171W having sanctioned load 2 KW at her premises. It is also not disputed that complainant made a payment of Rs. 4000/- against the bill bearing No. 6415 dated 12.11.2013 (Annexure C-1) issued by OP in which unit consumed for two months period has been shown as 4385 and a sum of Rs. 32387/- was imposed upon the complainant. The only plea of the counsel for the complainant is that the excessive consumption has been shown in the bill bearing No. 6415 dated 12.11.2013 due to over jump of the meter and an application dated 18.11.2013 (Annexure C-2) was moved regarding this to the OP and check meter was also installed at the premises of the complainant and regarding this an amount of Rs. 150/- was deposited vide receipt No. 84871 dated 21.11.2013 (Annexure C-3).

7.                     On the other hand, counsel for the OP hotly argued that bill bearing No. 6415 dated 12.11.2013 in which an amount of Rs. 32387/- was imposed for 4385 units consumed for two months, has been rightly issued to the complainant as per actual consumption and there is nothing wrong and draw our attention towards account statement Annexure R-1.

8.                     From the perusal of Annexure R-1 it is evident that the impugned bill has been sent by the OP on actual consumption to the complainant and complainant has totally failed to produce any documentary evidence or any expert report from which we can presume that electric meter of the complainant was defective and due to that meter reading has been jumped. On one side, the complainant has mentioned in his complaint that he has deposited Rs. 150/- on account of installation of check meter vide receipt Annexure C-3 and moved an application on 18.11.2013 Annexure C-2 to the OP but on the other hand, counsel totally failed to summon the fate of the check meter as well as action taken on the application. Even the complainant has not filed any application before this Forum to seek the direction to the OP for filing fate of the check meter and application. Merely showing excessive reading for a period of two months vide bill No. 6415 dated 12.11.2013 does not mean that the electric meter of the complainant was defective and jumped. Even the complainant has not tried to get changed the defective meter which is still working at the site. It may be due to some other reasons best known to the complainant.

9                      In view of the above noted circumstances, we are of the considered view that in the absence of any documentary proof, we are unable to hold that the meter was defective and jumped and no deficiency in service proves on the part of OP. Hence, we find no merit in the present complaint and the same is hereby dismissed with no order as to costs. 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.30.10.2015.

           

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

                                                                                     

 

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.