Haryana

Ambala

CC/15/140

Rajinder Kumar - Complainant(s)

Versus

UHBVN LTD. - Opp.Party(s)

B.S.Jaspal

10 Oct 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 140 of 2015

                                                          Date of Institution         : 21.05.2015

                                                          Date of decision   : 10.10.2017

 

Rajinder Kumar S/o Sh. Dev Raj R/o hourse/plot No.50, Jaggi Colony, Phase III, Ambala City.  

……. Complainant.

 

Uttar Haryana Bijli Vitran Nigam, west, Ambala City through its SDO

 

 

 ….…. Respondents.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

                   MS. ANAMIKA GUPTA, MEMBER

 

Present:       Sh. B.S. Jaspal, counsel for complainant.

                   Sh. Vikas Sharma, counsel for OPs.  

 

ORDER:

                   In nutshell, brief facts of the present complaint are that the complainant is having an electricity connection vide account No.7798720000 and has received a bill No.7798720000 dated 15.04.2015 for sum of Rs.13229/- and in the said bill Rs.10638.17/- is shown as sundry charges. Further submitted that the complainant has approached the OP as well as CA of SDO’s office but they had failed to give any satisfactory reply and could not clarify the reason of additional charges in bill as sundry charges and even the SDO had failed to take any action on complaint of the complainant. It is persistent to mention here that all the previous bills of the complainant were clear and nothing is due against the complainant. Further submitted that the electricity meter of the complainant is perfectly working and department had already checked it. Further submitted that by this way the respondent by using unlawful and illegal methods to harass the complainant and illegally imposed Rs.10,538.17/- as sundry charges. Hence, the present complaint.

2.                Upon notice OP appeared and resisted the present complaint. OP in his reply OP submitted that the OP has issued a bill No.779876298895 dated 15.04.2015 for Rs.13229/- and in that said bill Rs.10638.17/- shown as sundry charges. It is also pertinent to mention here that as per the sales circular NO.U-43/2006 of the OP, this amount of Rs.10638/- is for the Advance Consumption charges (ACD) as “Consumption Security” and OP having power to demand it under the Section 47 of Electricity Act and this amount of Rs.10638/- is based on the consumption of electricity by the complainant and the complainant consume electricity from 17.04.2012 to 15.03.2013 of amount of Rs.75947.3/- and on that basic an average consumption is 6328.92 and as per the above stated sales circular, connection holder has to deposit the twice amount of average consumption of ACD as Consumption Security and due to this an amount of Rs.12658/- is legally outstanding against the complainant and out of which complainant has already deposited the amount of Rs.2020/- and after this an amount of Rs.10638/- remains legally outstanding against the complainant and OP demanded this legally outstanding amount against the complainant vide the above stated bill. So, OP has prayed for dismissal of the present complaint.

3.                To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-4 and close his evidence. On the other hand, counsel for the respondent has tendered affidavit as annexure RX alongwith document as Annexure R-1 to R-5 and closed his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file.

5.                The case of the complainant is that the complainant has received a bill No.779876298895 dated 15.04.2015 for Rs.13229/- and in the said bill Rs.10638.17/- is as shown sundry charges which is totally unlawful and illegal.

                   On the other hand, counsel for OP has admitted that the OP has issued a bill No.779876298895 dated 15.04.2015 for Rs.13229/- and in the said bill Rs.10638.17/- is as shown sundry charges. Counsel for the OP has further argued that the sundry charges has been demanded by the complainant as per the sales circular No.U-43/2006 of the OP as this amount of 10638/- is for the Advance Consumption Deposited (ACD) as “Consumption Security” and OP having power to demand it under the Section 47 of Electricity Act (Annexure C-5) and the disputed amount of Rs.10638/- is based on the consumption of electricity from 17.04.2012 to 15.03.2013 of amount of Rs.75947.03/- and on that basic an average consumption is 6328.92 and as per the above stated sales circular, connection holder has to deposit the twice amount of average consumption as ACD as “Consumption Security” and due to this an amount of Rs.12658/- is legally outstanding against the complainant and out of which complainant has already deposited the amount of Rs.2020/- (Annexure R-3) as a security at the time of taking the connection after deducting the above said amount, the OP has rightly demanded as a sundry charges amount of Rs.10638/- vide bill dated 15.04.2015 (Annexure C-1) after sending the notice to the complainant on 21.11.2014 (Annexure R-2).  

6.                In view of above discussion, it is clear that the OP has rightly imposed sundry charges amount of Rs.10638/- in the bill dated 15.04.2015 as Advance Consumption Deposit (ACD) as per circular No.U-43/2006 Annexure                            R-5 and the complainant is bound to deposit above said ACD charge as per rules of the Nigam. The complainant has failed to prove his case in absence of cogent evidence because he himself has not deposited the amount in question as per circular No.U-43/2006. Therefore, the OP can not be held liable for any deficiency in service own its part. There is no merit in the present complaint and same is hereby dismissed with no order as to costs. Copies 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 :10.10.2017                                 (D.N. ARORA)

                                                                                       President

 

    

     (PUSHPENDER KUMAR)

                                                                                       Member

                                          

 

            (ANAMIKA GUPTA)

                                                                                       Member