Haryana

Yamunanagar

CC/341/2015

Satish Kumar S/o Faggu Ram - Complainant(s)

Versus

UHBVN Ltd. - Opp.Party(s)

None for complainant.

21 Nov 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                          Complaint No. 341 of 2015

                                                                                          Date of institution: 16.09.2015   

                                                                                          Date of decision: 21.11.2016

 

Satish Kumar aged about 37 years, son of Sh. Faggu Ram, village and post office Sabapur, Tehsil Jagadhri, District Yamuna Nagar.

 

                               …Complainant.

                                    Versus

1. Sub Divisional Officer, Uttari Haryana Bijli Vitran Nigam Sub Urban, Sub Division, Jagadhri.  
2. Executive Engineer, Uttari Haryana Bijli Vitran Nigam, Division, Jagadhri.

                                                                                                                                        ...Respondents

 

BEFORE:         SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:           None for the complainant.

                        Shri Zile Singh, Advocate for OPs.

ORDER

 

1.                     The present complaint has been filed under section 12 of the Consumer Protection Act 1986 with the averments that in the year 2009 complainant obtained domestic electricity connection bearing account No.Y32JV205008K under BPL category by paying  Rs.10/-. He brought the facts into notice of the meter reader and bill distributing official that he has not received the bill of electricity and after waiting sufficient time, he went to the office of the respondents (hereinafter referred as OPs) and got prepared the electricity bill of amounting to Rs.28712/-. He paid a sum of Rs.7500/- on 08.12.2014 after taking loan. The electric meter of the complainant was stopped in the month of January, 2015 at the reading of 2505.6 but the official of the OPs sent the electricity bill in the month of May, 2015 by showing meter reading 2603 of amounting to Rs.24207/-. The complainant sent letters to the OPs on 09.12.2013 and 02.12.2014. After that complainant received an electricity bill bearing No.24271 dated 21.05.2015 amounting to Rs.4207/- wherein an amount of Rs.23852/- has been shown as arrear, but no period for which it pertains have been mentioned in the bill, thus the same is liable to be quashed. Complainant has requested so many times to correct the same but all in vain. Hence this complaint.

2.                     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; complainant has not come to this Forum with clean hands. The true facts are that complainant is chronic defaulter and he has not paid any bill except to that of Rs.7500/- for the last many years. However, it is admitted that a bill of Rs.28712/- was sent to the complaint by adding the outstanding amount and surcharge. Further it has been mentioned that it is wrong to allege that meter was not working since January, 2015 and stopped at the reading of 2505.6. The bills were sent as per minimum and average basis. The complainant has consumed the electricity and as such the bills were issued quite correct and as per norms of the Nigam. Further the complainant never intimated the OPs about the defective meter and has not paid even a single penny except Rs.7500/- and lastly prayed for dismissal of the complaint as there was no deficiency in service or unfair trade practice on the part of the OPs.

3.                     Complainant failed to adduce any evidence despite so many opportunities, hence the evidence of the complainant was closed by Court order on 11.08.2016. However, at the time of filing the complaint, the complainant filed his short affidavit and bill dated 11.12.2010 as Annexure-A, bill dated 05.05.2015 as Ann-B, Applications as Annexure C to E, postal receipt as Annexure-F and copy of Ration Card as Annexure-G in support of his complaint.  

4.                     On the other hand, learned counsel for the OPs tendered into evidence Affidavit of Shri Vishal Saini, SDO as RW/A, Photo copy of Service Connection Order( SCO) as Annexure R-1, Photo copy of Ledger as Annexure R-2 and closed the evidence on behalf of OPs.

5.                     We have gone through the contents of the pleadings and evidence filed by both the parties and have also heard the counsel for the OPs. After going through the account statement (Annexure R-2), it is duly evident that meter of the complainant was dead stopped since December 2011 and the OPs Nigam was sending the bills on average/minimum basis to the complainant. From the perusal of the account statement (Annexure R-2), it is also evident that complainant had paid Rs.7500/- only in the month of November, 2014 since April 2011 and the amount of electricity bills since April, 2011 was going to accumulate. We have perused the applications moved by the complainant (Annexure C-3 to C-5), wherein the complainant had requested to the official of the OPs for issuance of bills as he was not receiving the bills regularly. The version of the OPs that meter of the complainant was not defective is not tenable as from the perusal of account statement, it is clearly evident that in column No.3 of the ledger, “ D” has been mentioned meaning thereby that meter of the complainant remained dead stopped since December, 2011 till September, 2015. The version of the complainant that ops had not been not sending the bills regularly seems to be genuine as no affidavit of any  person or Account officer has been placed on file to prove that the OPs were sending the electricity bills regularly to the complainant. Further, from the other angle also, when the meter of the complainant was dead stopped since December, 2011 then why the OPs Nigam has not replaced the same and kept on sending the bill on average/minimum basis to the complainant showing the status of meter as dead for a long time i.e. from December, 2011 to September, 2015.  It is not the case of the ops nigam that complainant has not moved any application to the ops Nigam. Even, the complainant has specifically mentioned in his complaint that he moved the applications to the ops Nigam after marking the same from Local MLA of Yamuna Nagar but despite that ops Nigam could not resolve his grievances. Meaning there by that the complainant was forced to file the present complaint. Keeping in view the facts of the present case, we are of the considered view that there is a deficiency in service on the part of the OPs.

6.                     Resultantly, we partly allow the complaint of the complainant and direct the OPs to issue the bills regularly to the complainant and further to replace the defective meter of the complainant immediately.  The OPs are also further directed to overhaul account of the complainant, on the basis of the actual consumption of next six months after installing the new electricity meter, with effect from December, 2011 to till the installation of new meter and not to charge the surcharge from the complainant The ops are further directed to charge the total amount so arrived after that, in next six months alongwith current electricity bills. The ops are also directed to pay Rs 2000/- as compensation as well as litigation expenses. 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 supplied to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Pronounced in open court:

Dated  21.11.2016.

                                                                                        (ASHOK KUMAR GARG)

                                                                     PRESIDENT

                              (S.C.SHARMA)                               DCDRF Yamuna Nagar

                                MEMBER