Haryana

Ambala

CC/27/2014

VINITA GUPTA - Complainant(s)

Versus

UHBVN LTD. - Opp.Party(s)

ROHIN KUMAR

08 Feb 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

                                                                    Complaint case no.        : 27 of 2014

                                                                    Date of Institution         : 20.01.2014

                                                                     Date of decision   : 08.02.2017

 

          Vinita Gupta aged about 56 years w/o  late Sh. P.C. Gupta R/o H.No. 9,           Janakpuri, Ambala Cantt.     

……. Complainant.

1.       S.D.O., OP Division No. 2, UHBVN, Ambala Cantt.

2.       XEN OP, UHBVN Ambala Cantt.

3.       UHBVN Haryana through its Secretary, Shakti Bhawan, Sector-6,          Panchkula.  

 ….…. Respondents.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

Present:       Sh. Rohit Kumar, counsel for the complainant.

                   Sh. Saravjeet Singh, counsel for Ops.

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant used the electricity connection No. MN01-3325/Y, old account No. P-2010 being the legal heir of deceased Lt. Sh. P.C. Gupta and paid all bills to the Ops. Further submitted that on 22.06.2012, the Ops changed the meter of the complainant by alleging that as per the Govt. policy and at the time of the removal of the meter, the meter was in the O.K. condition which is mentioned in the checking report dated 22.06.2013 but the complainant received the bill dated 28.12.2013 on 28.12.2013 amounting to Rs. 81412/- in which the Ops demanded sum of Rs. 81412/- from the complainant on the averments that the meter of the complainant is slow and as such the penalty of Rs. 81412/- was imposed and the said amount was to be paid by the complainant to the Ops. Further submitted that Op NO. 1 issued another bill in which the Ops demanded a sum of Rs. 56632/- from the complainant and Ops has not shown any date of issuance of the bill, nor any date for the payment of the said amount of Rs. 56632/- is shown in the said bill and no detail of any type have been shown in the said bill but only slow penalty has been written there. Rather the Ops withdrawn the said bill of Rs. 81412/- and issued the fresh bill of Rs. 56632/- without assigning any reason and without giving any opportunity of hearing or without any testing the meter in lab; as the complainant never received any notice from the Op for checking of meter which is mandatory under the law. And the complainant requested the Ops to withdraw the said Bill of Rs. 56632/- but the Ops are adamant and have threatened to disconnect the supply in case the complainant failed to deposit the amount of Rs. 56632/- and the complainant also vehemently given an affidavit to the OP No. 1 in which he stated that he will pay the amount of Rs. 56632/- to the Ops in installments.  Hence, the present complaint.

2.                Upon notice, Ops appeared and filed written statement submitting that the complainant is not a consumer as defined under Consumer Protection Act as the above said electricity connection and the complainant never informed about the death of Sh. P.S. Gupta to the Ops and never moved any application for getting the above stated electricity connection transferred in her name being a legal heirs. On 28.11.2013, the meter was checked in M&T Lab in the presence of the member of Committee and found that meter was slow by -64.4.1%, so, the account of consumer from July, 2012 to May, 2013 was over hauled. Further submitted that vide notice bearing No. 4358 dated 28.12.2013 a sum of Rs. 81,412/- was demanded from the consumer, since the loss suffered by the Ops but on the request of the complainant, the Op No. 1 reviewed the calculations made to arrived at the amount of Rs. 81,412/- and it was found that during September 2012, January 2013 and March 2013, the bills were raised on average basis and not on the basis of actual consumption recorded by the meter. So, for the purpose of calculating the actual consumption made by the consumer during the above stated period the consumption made during the period for which the bills in the month of September 2012, January 2013 and March 2013 were raised could not have been taken into consideration. Hence, while reviewing the calculation, the consumption made during the period for which the bills in the month of September 2012, January 2013 and March 2013 were raised and the amount to be paid by the consumer on account of loss of revenue due to slow meter was quantified of Rs. 56632/-. Hence, the consumer is liable to pay a sum of Rs. 56632/- as charges for unaccounted use of electricity which was not recorded by the removed meter as the meter was slow by 64.41%. Further submitted that the initially a sum of Rs. 81412/- was debited in the account of the consumer but later on after reviewing the amount was reduced to Rs. 56,632/-.

 

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-8 and close his evidence. On the other hand, counsel for the Ops has also tendered affidavit as Annexure R-X alongwith documents as Annexure R-1 to R-4 and close his evidence.

4.                We have heard learned counsels for the parties and carefully gone through the case file. It is not disputed the connection of P.C. Gupta who was father of the complainant was checked by the Ops vide LL1 dated 22.06.2013 and the status of the meter has been shown as under:

                   Sr. No.        268302

                   Make                    Capital

                   Cap             3x (10-20)

                   Reading      053119

                   W                Disc Moving

                   “Premises checked in presence of Smt. Vinita Gupta found Capital meter installed. Electromechanical meter removed and packed in cardboard on duly signed by the user and the checking party. Meter may be sent to M&T Lab for accuracy check and internal examination”.

                   It is not disputed that after the removing meter through LL1 mentioned above was sent for checking through M&T Lab and meter was checked in the lab in the presence of the member of committee instituted by XEN, Operation, Ambala as well as concerned SDO M&T Lab Dhoolkot on the checking of the meter, M&T lab found to be meter was slow up to 64.41% as per Annexure R-4 dated 21.06.2013. After receiving the report from the M&T Lab, the OP has over hauled the account of the P.C. Gupta amount of Rs. 56632/- has been shown as a chargeable amount and the Op has sent the notice on 18.12.2013 Annexure                   R-2 and calculation chart has been attached with the written statement which is clearly show that after over hauling the account of the complainant on the basis of the average. The main contention of the complainant is that the initially, OP has issued the notice bearing No. 4358 issued on 18.12.2013 amount Rs. 81412/- was demanded from the consumer P.C. Gupta. On the receipt of the above said notice, complainant contacted to the OP for reviewing the amount, it was found that during the September 2012 to March 2013, bill was raised on the average basis, not on the actual consumption recorded by the meter and after reviewing the amount which was reduced from Rs. 81412/- to Rs. 56632/- and calculation sheet also issued to the complainant. In this way, OP has rightly sent the notice as well as the amount has been added in the account of the P.C. Gupta as per the checking report of M&T Lab. We are considered view that there is no deficiency on the part of the Ops. Hence, the present complaint is hereby dismissed with as no order as to costs. . However, the complainant is liberty to approach to the OP for converting the meter connection in her name as per rule. 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 :  08.02.2017                                               

                                                                                               Sd/-

                                                                                   (D.N. ARORA)

                                                                                       President

 

                           Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member