Haryana

Yamunanagar

CC/381/2014

Prem Chand S/o Jhandu - Complainant(s)

Versus

UHBVN Ltd. - Opp.Party(s)

Sushil Kaushal

16 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                                Complaint No…381  of 2014.

                                                                                                Date of institution: 08.09.2014

                                                                                                Date of decision: 16.12.2016

 

   Prem Chand aged about 58 years son of Shri Jhandu, resident of Village Barouli Majra, Tehsil Chhachhrauli, District Yamuna Nagar.

 

                                                                                                                     …Complainant.

                                    Versus

1. U.H.B.V.N. Ltd. Op Sub Division, Chhachhrauli, Tehsil Chhachhrauli, District Yamuna Nagar through its S.D.O.
2. U.H.B.V.N. Yamuna Nagar through its Executive Engineer, Op. Division, Jagadhri/ Yamuna Nagar.
3. U.H.B.V.N. Sector-6, Shakti Bhawan, Panchkula through its Managing Director.

 

                                                                                                                 …Respondents.

                         

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT

                          SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Sushil Kaushal, Advocate, counsel for complainant.     

              Sh. Zile Singh, Advocate, counsel for respondents. 

 

ORDER

 

1.                     Complainant has filed the present complaint under section 12 of the Consumer Protection Act 1986 praying therein that the respondents (hereinafter referred as OPs) be directed to quash the bill dated 10.03.2013 and 08.07.2014 and also to pay compensation as well as litigation expenses.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the complainant is having a domestic connection bearing account No. Y33-JH-190914N and the bills of the electricity consumption comes in between Rs.500/- to 750/-. In the month of March, 2014, complainant astonished to receive a wrong, illegal and excessive bill dated 10.03.2014 amounting to Rs. 24,648/- in which unit consumed by the complainant have wrongly been shown as 7191. Upon this, complainant approached to the OPs and moved an application on 28.03.2014 stating therein that reading of the previous months of the complainant was 4565 and now through the disputed bill, the OPs have shown units 11756 consumed by the complainant and requested to correct the same. The said application was marked to Ram Nath AFM on 31.03.2014 who further marked the said application to Jai Chand lineman and Jai Chand Lineman checked the premises of the complainant and made its report that seals were intact meter jumped and the load of the complainant is 3 bulb, 3 plugs and 2 ceiling fans and after that complainant approached to Op No.1 and requested to correct the bill. Thereafter, complainant again received a bill dated 08.07.2014 for Rs. 25,934/- payable up to 25.07.2014 in which the status of the meter was shown as O.K. The complainant again visited the office of OP No.1 and requested for correcting the same but the OPs prolonged the matter on one pretext or the other. Hence, this complaint.

3.                     Upon notice, OPs appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable; complainant has no locus standi and on merit, it has been stated that complainant has concealed the true and material facts from this Forum. The true facts are that the bill dated 03/2014 was sent to the complainant as per actual consumption which is genuine and is liable to pay the same. It has been further mentioned that the bills from January, 2008 till January, 2014 were issued to the complainant on average basis showing 80 units per bill because the meter of the complainant was not traceable by the meter reader and reading could not be obtained. During March, 2014, the reading was taken by the meter reader. After 76 months, the reading was obtained as 7191 units and amount paid on account of average basis was adjusted against the total amount of 7191 units and an amount of Rs. 24,648/- comes to be paid up to March, 2014 and lastly it has been stated that there is no deficiency in service or unfair trade practice on the part of the OPs as the bill was sent to the complainant on actual consumption basis. Lastly, prayed for dismissal of complaint.

4.                     In support of his case, counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW/A and documents such as photo copy of receipt of Rs. 2000/- as Annexure C-1, Photo copy of application Annexure C-2, Photo copy of bill bearing No. 3938 dated 13.07.2013 as Annexure C-3, Photo copy of electricity bill for the period from October, 2007 to December, 2013 as Annexure C-4 and other electricity bills as Annexure C-5 and C-6 and closed the evidence on behalf of complainant.

5.                     On the other hand, counsel for the OPs tendered into evidence affidavit of Sh. Ashish Chopra, SDO(Operation) as Annexure RA and documents such as photo copy of ledger/account statement as Annexure R-1 and closed the evidence on behalf of OPs.     

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

7.                     The only grievances of the complainant is that bill dated 10.03.2014 amounting to Rs. 24648/- has been wrongly and illegally issued by the OPs Nigam whereas the complainant was paying the electricity bills regularly and his bill comes in between Rs. 500 to Rs. 750/- and prayed for quashing the same.

8.                     On the other hand, counsel for the OPs argued at length that the impugned bill has been rightly issued to the complainant on the actual consumption basis as the previous bills were sent on average basis showing 80 units per bill since 01/2008 till 01/2014 as the electricity meter of the complainant was not traceable by the meter reader and when the meter reader obtained the meter reading in the month of March,2014 then after adjustment the whole amount which was charged earlier against the bills sent on average basis, correct bill of Rs. 24648/- was issued to the complainant and draw our attention towards the account statement/ledger Annexure R-1 and lastly prayed for dismissal of complaint.

9.                     After hearing both the parties, we are of the considered view that there is deficiency in service or unfair trade practice on the part of OPs as from the perusal of copy of ledger Annexure R-1, it is duly evident that previous bills since 01/2008 to 01/2014 were issued to the complainant on account of average basis showing 80 units and the impugned bill dated 03/2014 has been issued on account of actual consumption basis for the reading of 7191 for 76 months i.e. after deducting the previous reading 4565 out of total reading which was found in March, 2014 i.e. 11756 (11756-4565= 7191). Further, we have also perused the electricity bills Annexure C-3 and C-4 in which also the status of the meter has been shown as “N”/Average and the reading has been shown as 80 units. Although, the complainant moved an application (Annexure C-2) to the OPs on 28.03.2014 which was marked to the AFM and after that to the lineman as alleged in the complaint by the complainant and so called Jai Chand lineman reported that meter “jumped” in the back portion of this application (Annexure C-2). Even then, keeping in view the facts of the case and account ledger (Annexure R-1) and after perusal of the electricity bills Annexure C-3 and C-4, the version of the complainant that his meter jumped is not tenable as from the perusal of ledger account as well as electricity bills, it is duly evident that previous bills were issued by the OPs Nigam on average basis showing 80 units as the meter was not traceable to the meter reader. This fact has been suppressed by the complainant in his complaint and has not come to this Forum with clean hands so, we are of the considered view that he is not entitled to get any relief on this account.

10.                   Although the account of the complainant has been overhauled by the OPs and a legal bill has been raised on the basis of actual consumption after adjustment of the units charged on average basis. Even then, it is clear that Ops failed to issue the electricity bills on actual basis for near about 76 months due to which the complainant has suffered mental agony, harassment and was burdened with accumulative huge amount at one time.

11.                   Hence, we are of the considered view that the act of the OPs constitutes a deficiency in service. Hence, the complainant is entitled for relief.

12.                   Resultantly, we partly allow the complaint of complainant and direct the Ops Nigam to charge the disputed amount of Rs. 24,648/- in equal three (3) bimonthly installments without any surcharge (if any) from the complainant with current bills and further the OPs Nigam is also directed to pay a sum of Rs. 5,000/- to the complainant as compensation for mental agony, harassment as well as litigation expenses. However, Ops Nigam is at liberty to recover the amount of compensation as well as litigation expenses from the defaulting officials of the OPs Nigam. 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: 16.12.2016.

 

                                                                                                (ASHOK KUMAR GARG)

                                                                                                PRESIDENT

                                                                                                D.C.D.R.F. Yamuna Nagar

                                                                                                at Jagadhri.

 

                       

                                                                                                (S.C.SHARMA)

                                                                                                MEMBER