Haryana

Yamunanagar

CC/18/2015

Parmod Kumar S/o Roshan lal - Complainant(s)

Versus

UHBVN Ltd. - Opp.Party(s)

Sidharth Tyagi

14 Aug 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                    Complaint No. 18 of 2015.

                                                                                    Date of institution: 8.1.2015.

                                                                                    Date of decision: 14.8.2015

Parmod Kumar son of Sh. Roshan Lal, resident of village Manakpur II, Tehsil Jagadhri,  Yamuna Nagar.             

 

                                                                                                                                        …Complainant.

 

                                                       Versus

1. U.H.B.V.N.Ltd. Operation Sub Division Chhachhrauli through its SDO.
2. U.H.B.V.N. Ltd. Operation Sub Urban Division Jagadhri at old D.C.Office, Yamuna Nagar through its XEN.
3. U.H.B.V.N. Ltd. Shakti Bhawan, Panchkula through its Managing Director.

 

                                                                                                                                       ...Opposite parties.  

 

BEFORE:       SH. ASHOK KUMAR GARG, PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Sidharath Tyagi, Advocate, counsel for complainant.

              Sh. Zile Singh, Advocate, for OPs.   

 

ORDER

 

1.                     Complainant Parmod Kumar has filed the present complaint under section 12 of the Consumer Protection Act 1986 praying therein that necessary directions be issued to the respondents (hereinafter referred as OPs) to delete the disputed amount and accept the current consumption charges and not to disconnect the supply on the basis of disputed bill and further be directed to pay a sum of Rs. 25,000/- as compensation and further to pay Rs. 5500/- on account of litigation expenses.            

2.                     Brief facts of the present complaint as alleged by the complainant are that the complainant is using electricity domestic connection bearing account No. Y-33-JH-321134F and OP No.1 is supplying the electricity energy to the complainant. Hence, there is a relationship of consumer and supplier between the complainant and opposite parties. It has been further stated that the complainant paid the consumption charges regularly upto 16.5.2012 and on that day the electric meter of the complainant burnt due to sparking and house of the complainant also caught fire. In this regard, the complainant lodged FIR with police station Sadar Jagadhri. The complainant also informed the OP No.1 for replacement of burnt meter and the same was replaced in May 2014. Thereafter, bill No. 8137 dated 27.10.2014 was issued for a sum of Rs. 7906/- in which an amount of Rs. 7531/- has been shown as arrear.  The complainant approached the OP No.1 for correction of the bill but they did not do so and issued a new bill on 27.12.2014 for a sum of Rs. 8710/-  in which an amount of Rs. 8136/- has been shown as arrears which is totally illegal.   Hence, this complaint.

3.                     Upon notice, opposite parties appeared through counsel and filed written statement by taking some preliminary objections such as complaint is not maintainable, no locus standi or cause of action against the OPs to file and maintain the present complaint and on merit it has been mentioned that the complainant used the electricity for the period from May 2012 to April 2014 and bills were sent to him regularly on average basis as his meter was defective but he failed to deposit even a single penny towards the consumption charges. The defective meter of the complainant was replaced during 6/2014 and the bills were issued regularly on consumption basis but bills were issued on average basis from May 2012 to April 2014 and an amount of Rs. 6203/- has been added in the first bill issued after MCO i.e. 06/2014. Now, an amount of Rs. 9474/- is outstanding against the complainant for the period from 5/2012 to 2/2015. Hence, due to non payment of electricity bill his connection bearing No. Y-33-JH-321134F is liable to be disconnected.    In the end, the opposite parties have requested for ordering dismissal of complaint.

4.                     To prove the case, complainant’s counsel has tendered affidavit of Sh. Parmod Kumar  as Annexure CW1/A and document such as Photo copy of DDR No. 16(A) dated 16.5.2012 as Annexure C-1, Bill dated 27.10.2014 for an amount of Rs. 7906/- as Annexure C-2, Bill dated 27.12.2014 for an amount of Rs. 8710/- as Annexure C-3 and closed the evidence on behalf of the complainant.

5.                     On the other hand, counsel for the opposite parties tendered an affidavit of Sh. Pankaj Deswal, SDO (Operation) Sub Divn., UHBVNL, Chhachhrauli, District Yamuna Nagar as Annexure RW/A and documents such as Photo copy of Ledger as  Annexure R-1 and closed the evidence on behalf of opposite parties.

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.                     After hearing both the parties and going through the relevant documents, it is admitted on the record that meter of the complainant was burnt due to sparking in the month of May 2012 and the same was changed in the month of June 2014 and an amount of Rs. 6203/- has been levied as sundry charges for the period from May,2012 to April, 2014. From the perusal of copy of ledger (Annexure R-1), it emerges that the OPs have charged the electricity bill on average basis during the period from May, 2012 to April, 2014 whereas during the aforesaid period, the meter of the complainant was dead due to burnt. Even the house and articles lying in the house were burnt which is evident from Annexure C-1 DDR lodged by complainant vide No. 16A dated 16.5.2012, Police Station Sadar Jagadhri. Moreover, the OPs in their written statement have not denied the said fact that the meter as well as house of the complainant was not burnt due to sparking during the month of May 2012. The OPs have admitted in para No.3 of preliminary objections of written statement that an amount of Rs. 6203/- has been added in first Bill issued after the MCO i.e. 6/2014. It means no meter existed in the premises of complainant during the aforesaid period and OPs have not been sending the bill for that period. So, in our view, Ops are not legally entitled to charge electricity bill from the complainant on average basis for the period from May, 2012 to April, 2014 rather it must be charged on minimum basis as per load of the old meter.

8.                     Hence, in the interest of justice, we direct the OPs to charge the electricity bill from complainant on minimum basis for the period from May, 2012 to April, 2014 as the meter of complainant was lying dead due to burnt during the aforesaid period. Further, it is also directed that no surcharge shall be levied on the aforesaid amount which will be raised by Ops since there is no any fault of the complainant as no electricity bill has been raised by the OPs for the aforesaid period. So, the complaint is decided accordingly in above terms and OPs are directed to raise fresh bill after making necessary adjustment.  Order be complied within 30 days from the date of receipt of order failing which the complainant shall be entitled to invoke the jurisdiction of this Forum as per Consumer Protection Act, 1986. 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. 14.8.2015.

 

                                                                                                (ASHOK KUMAR GARG)

                                                                                                PRESIDENT

 

 

                                                                                                (S.C.SHARMA)

                                                                                                 MEMBER