Haryana

Ambala

CC/31/2014

JASWANT SINGH - Complainant(s)

Versus

UHBVN LTD - Opp.Party(s)

D.S DANIPUR

09 Aug 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 31 of 2014

                                                          Date of Institution         : 21.01.2014

                                                          Date of decision   :

 

          Jaswant Singh, age about 60 years son of Shri Bachan Singh, resident of           village Dhurali, Tehsil and Distt. Ambala.    

  

……. Complainant.

 

1.       The Sub Divional Officer, UHBVNL Ltd. Sub Divn East, Ambala.

2.       The XEN, Operation, UHBVN Ltd. near Roadways, workshop, Ambala city.

 

 ….…. Respondents.

 

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER         

                   SH. ANAMIKA GUPTA, MEMBER                 

 

Present:       Sh. D.S. Danipur, counsel for complainant.

                   Ops already exparte v.o.d. 01.08.2016.

 

ORDER:

                   In nutshell, brief facts of the present complaint are that the complainant  is also having electric connection in his agriculture land bearing old account No.07AF-125 and new account No.AP 01-1055-L in his name and is a old consumer under the Ops. Further submitted that there is 3 H.P. motor are being used by the complainant in his tube well since its installation of tubewell by the complainant, but the OPs are charging the bills of 105 H.P. Motor from the last so many years on flat rates and the complainant paid all the previous bills regularly and the OP No.1 sent a bill NO.00048 dated 16.09.2011 for the month of September 2011 amounting to Rs.29957/- and when the complainant objected for the same to the OP NO.1 for the above said heavy amount of the bills in that they amend the amount of the bill as Rs.3137/- and the said was paid by the complainant to the Op on 22.09.2011 but the receipt bearing No.186 was given of Rs.3000/- to the complainant and also told to the complainant that nothing amount is outstanding against the complainant. Further submitted that OP No.1 sent a bill amounting to Rs.18750/- without number and date on the bill and also the period on which the said bill has not sent to the complainant thus the said bill has been initiated by the OP No.1 illegally and malafidely only to grab the huge amount as mentioned above from the complainant. Further submitted that an application dated 05.12.2013 to the OP No.1 stating that the tubewell bore of the complainant is not working since last 4 years and also not using the electricity since over the period and paying the regular bills on flat rates for the same but the OP No.1 regularly charging the bills of the said unused electricity of the tubewell on heavy amount on flat rates, but the OP No.1 neither given any reply of the said application to the complainant not amended the said bill which are only to be required for the rental purposes only as required under the provisions of the Government instructions issued from time to time and also the bill is not having the period for which the said has been issued by the Op No.1 and also no number and date has also been mentioned in the bill. Hence, the present complaint.

2.                Upon notice, Ops appeared and filed written statement submitting that the complainant is having account No. AP-01-1055-L  and bill was charge for 20 HP inspite of 3 HP motor in the tube-well, after the application given by the complainant on 22.09.2011 the excess amount bill issued to the complainant corrected and adjusted in the account of the complainant and after the adjustment in the account of complainant remaining bill amount was 10,821/- due towards complainant but complainant never paid any bill after that.

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, OPs are proceeded against exparte v.o.d. 01.08.2016 after filing of reply.

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

5.                The main grievance of the complainant is that the load of the                             tube-well in question was sanctioned by the OP for 3H.P. motors but the OP has sent the bill on the basis of the 20 H.P. but the complainant is not using the 20 H.P. motors but the OPs had sent the lumsum bill amounting to Rs.18750/-.

                   On the other hand, counsel for OPs has argued that bill was rightly issued for 20 H.P. inspite of 3 H.P. motors in the tube-well in question. The complainant had also moved an application for correcting the bill on 22.09.2011 for and same was corrected and after adjusted the account of the complainant amount Rs.10,421/- was due towards the complainant and the same has not been deposited. Complainant is not entitled of any relief because the complainant has not paid a single penny as per the statement account produced by the OP and amount of Rs.14674/- is due against the complainant upto January 2014 and record in the regard has been produced by Sh. Jagdish Verma, Head Cashier of the department as Mark-A to Mark –D i.e. application dated 22.09.2011 moved by the complainant, copy of the account statement as well as bill dated 31.01.2017.                          The another contention of the complainant is that his tube-well is laying dead since two years and he also moved an application for correction of the bill but he has not moved any application for disconnected the connection in question. So, the version of the complainant not using the tube-well is not believable.

                   In view of above said discussion, it is clear that the complainant has not paid any amount to the OP till January 2012. Hence, the complainant is not entitled any relief. So, the present complaint is dismissed with no order as to costs. Copy of this order be sent to the parties concerned as per rule, free of costs. File be consigned to record room after due compliance.

Announced on :                                                    (D.N. ARORA)

                                                                                       President

 

    

     (PUSHPENDER KUMAR)

                                                                                       Member

 

 

           (ANAMIKA GUPTA)

                                                                                          Member