Haryana

Ambala

CC/326/2013

ANKUR ASHOK - Complainant(s)

Versus

UHBVN LTD - Opp.Party(s)

P.S SHARMA

10 Jul 2017

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBAL

                                                                   Complaint Case No. :    326 of 2013

       Date of Institution    :    19.12.2013.

        Date of Decision      :     10.07.2017

 

Ankur Ashok Anand aged 34 years son of Ashok Anand r/o H.No.37, Rajinder Nagar, Ambala Cantt.

……Complainant.

Versus

 

1.         Uttar Haryana Bijli Vitran Nigam Shakti Bhawan, Sector-6, Panchkdula, through Executive Engineer, Operation Division No.1, UHBVNL, 12 Cross Road, Ambala Cantt.

2.         The Sub Divisional Officer, Operation Sub Division near Kwality Sub Station, Rai Market Ambala Cantt.

……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. P.S.Sharma, Adv. for complainant.

                        Sh. Sarvjeet Singh, Adv. counsel for Ops.

 

ORDER.

 

                        In nutshell, brief facts of the complaint are that complainant is residing at H.No.37 Rajinder Nagar, Ambala Cantt after taking the same on rent from one Sh.Rajeev Bhatia for the last 1 ¾ years and is using electricity through electricity connection bearing account no.MN01-3140-X/P-1837 with a sanctioned loan of 5.9 KW from the Ops. The complainant has never been indulged in any unlawful activities and has never tampered with the energy meter. It has been submitted that the complainant received bill dated 10.09.2013 for the month of September, 2013 for a sum of Rs.32419/- wherein an amount of Rs.21,169/- have been shown as current charges with consumed units as 3001 for the period from 15.06.2013 to 15.08.2013. On the complaint of the complainant, OP No.2 assured that the matter would be looked after and the meter would be got checked from M&T Lab Dhulkote and then the account would be overhauled on the basis of average consumption recorded by the meter prior to 15.06.2013. Thereafter, the complainant deposited part payment to the tune of Rs.16,000/- on 21.10.2013 but he was taken by surprise on receiving of bill dated 11.11.2013 for an amount of Rs.99,402/- (Rs.33,352/- as arrears and Rs.65912/- as current charges for 8899 units) for the month of 15.08.2013 to 15.10.2013. The complainant again approached OP No.2 and narrated all the situations as recording of 148 units per day by the meter itself is sufficient to prove that the meter was defective but Op No.2 refused to consider the genuine requests of the complainant and even threatened him for disconnection of the election. Thereafter, the complainant deposited part payment of Rs.35,000/- with the OPs vide cheque dated 02.12.2013 under protest. The OPs have also obtained a post dated cheque for remaining amount from the complainant. So, complainant again approached the Ops and requested them to treat the bills dated 10.09.2013 and 11.11.2013 as illegal, null and void but all in vain.  Hence, the present complaint seeking relief as per prayer clause.

2.                     Upon notice, OPs appeared and filed joint reply to the complaint wherein it has been submitted that the complainant is not consumer of OPs as the meter in question is in the name of one MS Mala Pahwa. The complainant had made complaint before OP No.2 in the month of November, 2013 on behalf of Mala Pahwa qua defective meter as it was running fast. The meter of complainant was got checked from M& T Lab on 29.11.2013 and on checking the meter of complainant was found OK. It has been further submitted that bill dated 10.09.2013 for the month of September, 2013 was served upon Ms.Mala Pahwa  and not on the complainant. The OP No.2 has never assured that the account would be overhauled on the basis of average consumption recorded by the meter prior to 15.06.2013, however, the complainant was allowed to deposit a sum of Rs.16,000/- against the bill amount of Rs.32,419/-.  The bill dated 11.11.2013 for a sum of Rs.99,402/- (Rs.33,352/- as arrears and Rs.65912/- as current charges for 8899 units) for the month of 15.08.2013 to 15.10.2013 was rightly issued and out of that amount Rs.35,000/- were deposited by the complainant unconditionally. The post dated cheque of the remaining amount was dishonoured when it was presented with its banker. The complainant had not made any payment under duress and compulsion. As such, the OPs have prayed that there is no deficiency in service on their part and sought for dismissal of complaint with costs.

3.                     To prove his version, counsel for complainant tendered documents as Annexure C1 to Annexure C8 and closed the evidence whereas on the other hand, counsel for Ops tendered affidavit Annexure RX alongwith document as Annexure R1 and closed evidence on behalf of OPs-Nigam.  

4.                     We have heard learned counsel for the parties and gone through the record very carefully. The grievance of the complainant is that the bills dated 10.09.2013 and 11.11.2013 issued by the complainant wrongly and illegally despite the fact that the meter was defective as consumption of 148 units per day is not possible. On the other hand, the OPs have come with the plea that the meter was got checked from M&T Lab, Dhulkote (Annexure R1) and the meter was found OK but instead of making the payment of remaining bills the complainant has approached to this Forum by suppressing the material fact.  Perusal of the Annexure R1 reveals that the meter was found within permissible limits but this document does not bear the signature of the complainant to show that the meter was never checked in the presence of the complainant. The OPs have failed to prove on the case file that the complainant was ever intimated to appear before the M&T Lab at the time of testing of the meter, therefore, the OPs cannot rely upon this report, therefore, same is being rejected as it was prepared at the back of the complainant. Undisputedly, the connected load of the meter is 5.9 KW but consumption of 148 units per day is beyond the thoughts and it appears that in order to fill the lacuna the OPs have got prepared the report Annexure R1. It is strange that the OPs had got the meter tested from M&T Lab but there is nothing on the file to show that new meter was installed or the previous meter (after getting the same tested from M&T Lab) was again installed at the premises of the complainant. The electricity department is a government institute but it appears that the OPs have taken the matter in a casual manner without taking-care the interest of the consumer and such like behavior from government institute is not acceptable. Depositing of amount of Rs.16,000/- and Rs.35,000/- by the complainant is not disputed qua the disputed period from 15.06.2013 to 15.10.2013.

5.                     In view of the above factual position, we allow the present complaint and declare the impugned electricity bills dated 10.09.2013 and 11.11.2013 to be illegal and null & void. In the interest of justice the OPs are directed to overhaul the account of the complainant if the meter has been changed then the account of the disputed period (i.e. 15.06.2013 to 15.10.2013) be overhauled on the basis of consumption recorded by new meter during the corresponding period of successive year and if the meter has not been changed then on the basis of previous year consumption during the corresponding period. The amount deposited by the complainant as part payment be adjusted in the account of the complainant. 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: 10.07.2017                                               (D.N. ARORA)

                                 PRESIDENT                

 

 

(ANAMIKA GUPTA)                                               (PUSHPENDER KUMAR)

     MEMBER                                                             MEMBER