Haryana

Ambala

CC/91/2016

Puran Chand - Complainant(s)

Versus

UHBVN Ltd. - Opp.Party(s)

Sarvjeet Singh

29 Jan 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

         Complaint Case No. :    91 of 2016

                     Date of Institution    :    11.02.2016

                     Date of Decision      :     29.01.2018

Puran Chand son of Sh.Ramji Lal aged about 64 years resident of H.No.155, Jarout Road, Ambala City.

……Complainant.

Versus

 

1.Uttar Haryana Bijli Vitran Nigam Ltd. through Executive Engineer, Operation Division UHBVN, Ambala City, Near Vita Milk Plant, Ambala City.

2.SDO, Operation, Sub-Division, UHBVN, Model Town, Ambala City, Prem Nagar, Ambala City.

……Opposite Parties

 

Complaint Under Section 12 of the Consumer Protection Act

 

CORAM:        SH. D.N. ARORA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.

                        MS.ANAMIKA GUPTA, MEMBER

                       

Present:          Sh. Saravjeet Singh, Adv. for complainant.

                        Sh. Vivek Sachdeva, Adv. for Ops.

 

ORDER 

                       

                        In nutshell, brief facts of the complaint are that complainant had obtained NDS electricity connection bearing account No.MT48-1784-W and the same was got converted to DS category by complainant in the month of July, 2014 and also paid full and final payment against the said connection (NDS) for the period from 15.04.2014 to 02.07.2014  amounting to Rs.35,466/-  on 04.07.2014.  The complainant had deposited the fresh security for DS connection alongwith cost of new meter but the Op No.2 did not change the meter and old meter which was installed for NDS category remained continue in service.  The sanctioned load for the DS category was 5.9 KW and the account number was MT48-2034-K.  The first bill against the DS connection for 723 units amounting to Rs.3964/- was issued by the OPs on 06.01.2015 for the period from 30.07.2014 to 15.12.2014 which was paid by the complainant on 31.01.2015 vide receipt No.70. Thereafter, in the next bill the OPs have shown the consumption of 8196 units during the period of two months despite the fact that it was not as per actual consumption rather the same is result of malfunctioning/ defect of the meter.  The complainant approached the OP No.2 to check the meter and to overhaul the account from 15.12.2014 to 15.02.2015 as per average consumption recorded by new meter during the first three billing cycles. The Op No.2 caused inordinate delay in replacing the defective meter and the same was replaced on 22.07.2015. Meanwhile, the complainant received bill dated 11.05.2015 for consumption of 734 units from 15.02.2015 to 15.04.2015 and bill dated 11.07.2015 for consumption of 912 units from 15.04.2015 to 15.06.2015. Since the bills were not for actual consumption, therefore, same was not deposited. The complainant requested the OP No.2 to issue the bill for the period during which the meter remained defective on the basis of average load basis and thereafter to overhaul the account as and when the average of the consumption recorded by the new meter during first three billing cycle but to no avail. Thereafter the complainant received another bill for 3634 units during the period from 05.06.2015 to 15.08.2015 followed by bill dated 07.09.2015 and 06.11.2015 but both these bills were not as per actual consumption. The OPs have demanded a sum of Rs.1,40,269/- vide bill dated 11.01.2016. The bills sent by the OPs are not based on actual consumption of electricity; therefore, his account deserves to be overhauled from 15.02.2015 to 16.10.2015.   The act and conduct of the Ops clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered affidavit Annexure CX and documents Annexure C1 to Annexure C11.

2.                     Upon notice, OPs appeared and filed joint reply to the complaint wherein it has been submitted that the complainant has not come to this Forum with clean hands and has no cause of action to file the complaint.  The connection of the complainant was changed from NDS to DS category on his own request with sanctioned load 5.9 KW.  Bill for Rs.63519/- was sent to the complainant for 8196 units  for the period from 15.12.2014 to 15.02.2015 but he did not deposit the same. Thereafter another bill was issued for 1734 units for the period from 15.02.2015 to 15.04.2015 to the tune of Rs.78974/- including surcharge and arrear but he again did not pay the same. On the request of the complainant dated 29.06.2015 his meter was changed on 23.07.2015 and when the Reader had gone to note the reading at that time the house of complainant was found locked. Thereafter bill for Rs.1,21,268/- was sent to him on 07.09.2015 for the period from 15.06.2015 to 15.08.2015 but he did not deposit the same. After that another bill for Rs.1,56,780/- was sent to him on 06.11.2015 for the period from 15.08.2015 to 15.10.2015 including surcharge and arrear. In the month of December, 2015 the reading was taken as 2042 units and therefore bill of Rs.1,44,416/- of old meter reading + 3435 units + surcharge + arrears after adjusting the bills of locked premises amounting to Rs.63,139/- and remaining amount of bill was to be paid by the complainant. The bills have been issued for actual consumption and the meter of the house of the complainant was not defective rather it was changed by him on his own request.  There is no deficiency in service on the part of Ops. Other contentions have been controverted and prayer for dismissal of the complaint has been made. In evidence, the OPs have tendered affidavit Annexure RA and documents Annexure R1 to Annexure R2.

3.                     We have heard learned counsel for the parties and gone through the record very carefully.

4.                     It is not disputed that the complainant was initially having electricity connection under NDS category and the same was changed to DS category on 04.07.2014 with sanctioned load as 5.9 KW.  The OPs have issued first bill to the complainant for the period from 30.07.2014 to 15.12.2014 for DS connection and this fact is not disputed. The disputed period in this case is from 15.12.2014 to 15.10.2015. The complainant had moved an application to the OPs as his meter was running fast and thereafter new meter was installed by the OP on 22.07.2015 on the application dated 29.06.2015. The grouse of the complainant is that previous consumption has been shown in excessive manner and his bill was to be charged on   the basis of consumption of new meter for the period from 15.12.2014 to 15.10.2015. The OPs have failed to place on record any test report of the previous meter with regard to its accuracy, therefore, this Forum has no option but to take into consideration the consumption of new meter for the period from 15.12.2015 to 15.12.2016.

5.                                 Keeping in view the above facts and circumstances it is clear that the complainant has proved his case by leading cogent and reliable evidence and the Ops are found deficient in providing services to him.  Hence, we allow the present complaint and declare the electricity bills for the period from 15.12.2014 to 15.10.2015 to be illegal and null & void. In the interest of justice the OPs are directed to overhaul the account of the complainant for the period from 15.12.2014 to 15.10.2015 on the basis of consumption recorded by new meter for the period from 15.12.2015 to 15.10.2016. The amount, if any, deposited by the complainant be adjusted in the account of the complainant after issuing the fresh bill without adding surcharge/penalty.  The complainant is further directed to pay the amount mentioned in the fresh bill within one month after receiving the revised bill failing which the OPs are at liberty to take legal action as per their Rules. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

ANNOUNCED ON: 29.01.2018                                              

 

 

 

(ANAMIKA GUPTA)          (PUSHPENDER KUMAR)           (D.N.ARORA) 

     MEMBER                         MEMBER                              PRESIDENT