Haryana

Yamunanagar

CC/1195/2011

Mangat Ram S/o Diwan Chand - Complainant(s)

Versus

UHBVN Ltd. - Opp.Party(s)

Subhash Chand

20 Feb 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                    Complaint No.1195 of 2011.

                                                                                    Date of institution: 30.11.2011.

                                                                                    Date of decision: 20.02.2017

Mangat Ram Tandon since deceased now represented by his L.R.:

Sushma Rani Tandon (wife), resident of 26-A, Professor Colony, Yamuna Nagar. 

 

     …Complainant.

                                    Versus

1. Uttri Haryana Bijli Vitran Nigam Limited, Shakti Bhawan Panchkula through its Managing Director.
2. A.E.E. UHBVNL Sub Division, Model Town, Yamuna Nagar.

 

                                                                                                                          ...Respondents.

 

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT,

                         SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Subhash Chand, Advocate, counsel for complainant.

               Sh. D.S.Kamboj, Advocate, counsel for respondents.   

 

ORDER

 

1.                     Complainant Sh. Mangat Ram has filed the present complaint under section 12 of the Consumer Protection Act 1986.  

2.                   Brief facts of the present complaint, as alleged by the complainant, are that the complainant is having an electricity connection bearing account No. Y43YT-250955K installed in his residential house situated at Professor Colony, Yamuna Nagar and paying the electricity consumption bills regularly. The respondent No. 2 (hereinafter respondents will be referred as OPs) sent a bill of an exaggerated amount of Rs. 26,000/-. Feeling aggrieved from this bill, the complainant moved an application dated 03.08.2011 to the OP No.2 stating therein that the bill bearing No. 8823 dated 12.03.2011 is of highly exaggerated amount and is not as per actual consumption of the complainant. Upon this application, official of the OPs came to the premises of the complainant, prepared a report, according to which R& B phase were fast and Y phase was stopped. The official of the Ops directed the complainant to purchase a fresh meter which was purchased by the complainant vide memo No. 9301 dated 05.08.2011 which was installed at the premises of the complainant on 08.08.2011 after removing the old meter. After that a letter bearing No. 781 dated 17.08.2011 was sent to the complainant, according to which the meter was to be checked on 18.08.2011 at 11.00 A.M. upon which the complainant visited the laboratory but the official of the OPs asked to the complainant to come on some other day and fresh intimation in this regard will be sent to him. However, OPs issued a bill bearing No. 8894 dated 22.09.2011 for an amount of Rs. 1,09,062/-, upon which complainant moved another application to the OPs requesting to send revised bill after checking the meter but no action was taken by the OPs. Neither the old meter of the complainant was checked in the laboratory nor any intimation was given to the complainant by the OPs regarding checking of the meter. Even no notice regarding imposing exaggerated amount was ever given to the complainant. Further, the OPs Nigam have also sent an another bill bearing No. 8915 dated 13.11.2015 payable by 30.11.2011 for an amount of Rs. 1,05,260/- by due date and Rs. 1,08,323/- after due date in which current consumption charges are also including and complainant is ready to pay this current consumption charges of Rs. 4297.96. Lastly, it has been prayed that OPs be directed to delete the amount of Rs. 1,00,962/- from the bill bearing No. 8915 dated 13.11.2011 and further also to pay compensation as well as litigation expenses.

3.                     Upon notice, OPs appeared and filed its written statement by taking some preliminary objections such as complainant has no locus standi to file the present complaint; complaint is not maintainable; complainant has concealed the true facts from this Forum and the true facts are that complainant had moved an application regarding defect in his meter and thereafter, the meter of the complainant was checked by YMPL on dated 04.08.2011 in the presence of one Rajiv Tandon son of the complainant and as per their report the meter running fast on R & B Phase and meter stopped of Y Phase. The meter was removed from the site and placed in card board duly signed by Sh. Rajiv Tandon and checking party. After that, the meter was sent to the M & T Lab for checking of accuracy and internal cuts, genuineness of seals. Videography was also done and another meter was installed to restore the supply of the complainant. At the time of the removal of old defective meter, the meter reading was 26708 and the complainants bill was for 13576 units till the time of removal of old meter. So for remaining 13132 units the bill was issued to the complainant for the electricity consumed by the complainant for which he is liable to pay the same as per rules of the Nigam. If on checking, meter is found fast and slow the billing can be altered and complainant can be charged more or less as per circumstances prevailing on checking. As such, the complainant was charged for 13132 units which he has already consumed as per consumption shown by the old meter and on merit rest contents of the complaint were denied and reiterated the stand taken in the preliminary objections. Lastly, prayed for dismissal of complaint.

4.                     In support the case, counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW/A and documents such as Photo copy of bill bearing No. 8915 dated 13.11.2011 as Annexure C-1, Photo copy of application dated 13.09.2011 as Annexure C-2, Photo copy of Bill bearing No. 8894 dated 06.09.2011 as Annexure C-3, Photo copy of intimation letter dated 17.08.2011 as Annexure C-4, Photo copy of checking report LL1 dated 08.08.2011 as Annexure C-5, Photo copy of application dated 03.08.2011 moved by the complainant as Annexure C-6, Photo copy of bill of purchase of electric meter as Annexure C-7, Photo copy of checking report as Annexure C-8, Photo copy of application dated 03.08.2011 as Annexure C-9, Photo copy of bill bearing No.8823 dated 12.07.2011 as Annexure C-10 and closed the evidence on behalf of complainant.

5.                     On the other hand, counsel for the OPs failed to adduce any evidence despite availing so many opportunities, hence their evidence was closed by court order on dated 15.02.2017.

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.                     It is not disputed that complainant was not having a domestic connection bearing account No. Y43YT250955K and paying the bills to the OPs Nigam. Further, it is also not disputed that upon checking the meter of the complainant, it was found that R& B phase was running fast and Y phase was stopped. Further, it is also not disputed that upon this, the OPs Nigam replaced the old meter by installing the fresh meter in the premises of the complainant. The only grievances of the complainant is that OPs Nigam have not offered any opportunity of hearing before issuing bill bearing No. 8894 dated 22.09.2011 of exaggerated amount of Rs. 1,00,962/-, even the meter of the complainant was also not checked in the laboratory by the OPs Nigam in his presence. We have perused the bill bearing No. 8823 dated 12.07.2011 Annexure C-10 and according to this bill the status of the meter has been shown as O.K. and bill was billed for 2578 united consumed but after that another bill bearing No. 8894 dated 06.09.2011 was sent for the next two months by the OPs which is for 13133 units which prima facie seems to be illegal as from the previous reading mentioned in the bill of July, 2011 Annexure C-10 the reading has been shown as 660 units in the month of October 2011, 966 units in the month of July, 2011 and 849 units in November 2011. From the perusal of aforesaid reading, it seems that the reading in the next bill dated 12.07.2011 and dated 06.09.2011 shown as 2578 and 13133 respectively is highly exaggerated and illegal due to the fact the meter was running fast on R & B Phase and meter stopped Y Phase as this fact has also been admitted by the OPs Nigam. Further, the version of the complainant has not been rebutted by the Ops Nigam by filing any cogent evidence as no such report of M & T Lab has been placed on file. So, considering all the facts of the case, it is not disputed that the official of the OPs Nigam has installed the new electricity meter in place of old meter. In these circumstances, we have no option except to quash the bill No. 8894 dated 06.09.2011 and Bill No. 8823 dated 12.07.2011.

8                      In view of the above noted facts and circumstances of the case, we direct the OPs to overhaul the account of the complainant for the previous one year from MCO the date of replacement of meter i.e. 08.08.2011 on the basis of consumption of 12 months of new meter installed in the premises of complainant without any surcharge etc.  and if any amount becomes due towards the OPs the same be refunded to the complainant. Further, the OPs are also directed to pay a sum of Rs. 3000/- as litigation expenses to the complainant. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law.  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: 20.02.2017.

                                                                                             

                                                                                   (ASHOK KUMAR GARG)

                                                                                    PRESIDENT

                                                                                    D.C.D.R.F. YAMUNANAGAR

 

 

                                                                                    (S.C.SHARMA)

                                                                                    MEMBER