Haryana

Ambala

CC/38/2023

RANGA. - Complainant(s)

Versus

UHBVN LTD. - Opp.Party(s)

AJAIB SINGH,CLERK.

20 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	38  of 2023
Date of Institution	:	03.02.2023
Date of decision	:	20.05.2024

 

Ranga s/o Sh. Munni Lal aged 43 years r/o house no 671, Dalip Garh, near Valmiki Mandir, Babyal, Ambala Cantt.

          ……. Complainant

Versus

1. UHBVN Ltd. through its Managing Director, Shakti Bhawan, Sector-6, Panchkula (Haryana).
2. Sub Divisional Officer (opt) Babyal, UHBVN, Ambala Cantt.

  ….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

                     Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:-     Shri Harish Bakshi, Advocate, counsel for the complainant.                                                                                                                              Shri Puneet Sirpaul, Advocate, counsel for the OPs.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1.  To rectify bill for the month of January 2023, of Rs.22,768/- showing arrears of Rs.22,509/-.
2. To pay compensation to the tune of Rs.10,000/- on account of causing mental agony and harassment.
3. To pay cost of litigation amounting to Rs.5,000/-

 

2.             Brief facts of the case are that the house of the complainant is a very small having two rooms only and the complainant is unmarried,  illiterate poor person and is doing a labour work to earn his livelihood. The complainant applied for domestic electricity connection in his house vide application no A14-218-128 dated 14-2-2018 of 1KV load to the OPs. Another application no.A14-1119-116 dated 18-11-2019 was found from the office of the  OPs  with an acknowledgement of application for new connection vide receipt of Rs.2000/- bearing no.RSM28212655227 dated 18-11-2019 for domestic electricity connection to the house of complainant. Yet another application no.A14-220-235 dated 28-2-2020 was found from the office of the OPs  with an acknowledgement of application for new connection vide receipt of Rs.2000/- bearing no.RSM28567558951 dated 28-2-2020 for domestic electricity connection to the house of complainant. The electricity connection was given in the month of March 2018. The complainant started consuming the electricity but to the utter surprise of the complainant despite being repeated requests to issue the bill for the consumed electricity, the complainant was given the bill first time dated 31-3-2021 for 101.67 units consumed till 31-3-2021 for an amount of Rs.851/- which was paid by the complainant vide receipt/reference no.41512994 dated 23-4-2021. After that the complainant was sent periodic electricity bills by the OPs of the electricity connection in question till Nov 2022 which were so paid by the complainant. To the utter surprise of the complainant, the OPs issued bill in the month of Jan 2023 for charges of Rs.22768/- showing the arrears of Rs.22509.67 where as no such arrears are shown in any of the previous bills. The complainant approached the office of OPs number of times seeing his inability to deposit the demanded bill being a poor person but no satisfactory reply was given to the complainant. The complainant never consumed the energy to such an extent as the complainant remained whole of the day at his working place in industrial area, Ambala Cantt and during this period the premises remains locked throughout the day. The unexpected amount of bill has caused great mental tension to the complainant which effected the working capacity of the complainant as well as his peaceful life. The office of OPs is pressing hard to deposit the disputed bill and the complainant is being threatened by the OPs to disconnect the connection in case of non-deposit of the bill. Hence, the present complaint.
3.           Upon notice, the OPs appeared and filed written version wherein they raised preliminary objection with regard to maintainability of the consumer complaint; the complaint has no locus standi; the complainant has not come with clean hands and has suppressed material facts etc. On merits, while admitting the fact that the electric meter has been provided by the OPs at the premises of the complainant, it has been stated that the complainant is having meter account Number against which electricity bill amounting to Rs.22,768/- is due for actual consumption of electricity energy of the Nigam. The complainant has not paid the said amount to which the complainant is legally liable to pay the same to the OPs. The complainant to avoid the liability of paying the said amount has filed the present complaint on false and frivolous grounds which is liable to be dismissed with costs. The complainant himself has admitted in para No.6 of the complaint that the electricity connection was given in the month of March 2018, so question of another application dated 18.11.2019 found in the office of OPs does not arise. The electricity connection was given in the month of March 2018 to the complainant which is admitted by him in the present complaint. The complainant has not paid the electricity bill for more than one and half years as such an arrear of Rs.22768/- has become due towards the complainant. Rest of the averments of the complainant were denied by the OPs and prayed for dismissal of the present complaint with costs.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW/A, alongwith documents as Annexure C-1 to C-21 and closed the evidence on behalf of complainant. On the other hand, learned counsel for OPs tendered affidavit of Karan Jhangra, SDO-Babyal UHVNL, Ambala as Annexure OPW1/A and closed the evidence on behalf of the OPs.
5.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by raising bill in the month of Jan 2023 showing the arrears of Rs.22509.67, whereas no such arrears are shown in any of the previous bills, the OPs are deficient in providing service. 
7.           On the other hand, learned counsel for the OPs submitted that the complainant himself has admitted in para No.6 of the complaint that the electricity connection was given in the month of March 2018, so question of another application dated 18.11.2019 found in the office of OPs does not arise. He further submitted that the electricity connection was given in the month of March 2018 to the complainant which is admitted by him in the present complaint but he has not paid the electricity bill for more than one and half years, starting from May 2018, as such an arrear of Rs.22768/-, has become due towards the complainant.
8.           It may be stated here that the complainant has placed on record electricity bills starting from 2021 to 2023-Annexures C-6 to C-19 to prove that as and when the amount was demanded from him, he had paid the same to the OPs. In their written version and also contended by counsel for the OPs, the electricity connection was given in the month of March 2018 to the complainant which is admitted by him in the present complaint but he has not paid the electricity bill for more than one and half years starting from May 2018, as such an arrear of Rs.22768/- has become due towards the complainant. Thus, from this admission itself, it is proved that the OPs are claiming bills starting from May 2018 in the year 2023 i.e. they are claiming the amount which fell due from the year 2018. At this point, it is imperative to reproduce Section 56 (2) of the Electricity Act, 2003, which says no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due:-

“……..56 (2) Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity…”

9.           Thus, in view of Provisions of Section 56(2) of Electricity Act-2003 the period of limitation of two years commence from the date on which the charge became" First Due" i.e. March 2018 and as such, the OPs are barred by their own inactions to charge any dues from the complainant beyond two years from the date of first due i.e. from March 2018. Not only this, there is also violation of Section 56 (1) of the Electricity Act by the OPs, which says that where   any  person   neglects   to   pay   any   charge for electricity  or  any  sum  other  than  a  charge  for  electricity due from him, a notice of not less than 15 days in writing is mandatory to be given to the consumer. However, OPs failed to answer as to why such a notice under section 56 (1) was not given to the complainant.
10.           Even otherwise also, the OPs have failed to place even an iota of cogent and convincing evidence to prove as to how they have arrived at such a figure of arrear of Rs.22768/-, for consumption of electricity by the complainant at his premises. Alongwith written version not even a single document has been attached by the OPs. As such, the demand of Rs.22,768/- raised by the OPs is quashed.
11.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-
12. To withdraw the demand of Rs.22,768/- or any other sundry charges, for the period from 2018, as the aforesaid demand raised by the OPs stood quashed by this Commission.  
13. To pay Rs.3,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
14. To pay Rs.2,000/-, as litigation expenses.

 

The OPs are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 Announced:- 20.05.2024

 

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President