Haryana

Ambala

CC/392/2012

KULDEEP SINGH - Complainant(s)

Versus

UHBVN LTD - Opp.Party(s)

C.M. ATTRI

05 Oct 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                                                                                     Complaint Case No. :    392 of 2012

                                                          Date of Institution    :     24.12.2012

                                                         Date of Decision      :     05.10.2016

Kuldeep Singh S/o Late Harnam Singh R/o H.No.944, Friends Colony, Model Town, Ambala City.

……Complainant.

                                                                                 Versus

1.         Uttar Haryana Bijli Vitran Nigam Ltd. through Executive Engineer Operation Division, UHBVNL, Ambala City.

2.         Sub Divisional Officer ‘OP’ Sub  Division, Model Town, UHBVNL, Ambala City.  

……Opposite Parties

Complaint Under Section 12 of the Consumer Protection Act.

 

BEFORE:       SH. D.N. ARORA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.                       

Present:          Sh. C.M. Atri, Adv. counsel for complainant.

                        Sh. Sarvjeet Singh, Adv. counsel for Ops.

ORDER.

                        In nutshell, brief facts of the present complaint are that complainant obtained an domestic electricity connection from OP vide account no.MT01-2202-M/AI-1727 having load of 2KW and paying bills thereof regularly. It has been contended that  the premises in which the above stated electricity  connection in the name of complainant installed was co-owned by Harnam Singh father of complainant, Sadhu Singh,  Mohinder Singh and Gurnam Singh. That after the demise of father of complainant, in partition,  the above referred house came into the share of legal heirs of Harnam Singh i.e.  to the share of complainant  and his mother Vidhya Kaur.  Further it has been contended that  until partition, the legal heirs of Harnam Singh and other co-owners of the house were living in the same house and were consuming the electricity through the  electricity connection installed  in the same house in the name of Sadhu Singh vide A/c no.MT01-1192S. Sadhu Singh used to distribute the amount of the bill among all the co-owners in four equal share and used to collect the amount of bill of their respective shares and was depositing the same with the Ops. After partition, Sadhu Singh got the electricity connection disconnected and asked the complainant to apply for the new connection in his name. Complainant got installed a new connection in his name in the house No.944, Friends Colony, Ambala City Vide A/c no.MT01-2202-M/AI-1727.  Further it has been contended that before the installation of the new electricity connection, Ops verified  that there were no arrears against the premises i.e. H.No.944, Friends Colony, Model, Town, Ambala City  and No Dues Certificate was also endorsed on the application form of the complainant. But it was utter surprise of the complainant, the Ops vide bill dated 07.01.2012 demanded a sum of Rs.25879/- from the complainant as sundry charges. So, complainant contacted Op No.2, and found that the sundry charges of Rs.25879/- were being demanded on account  of arrears outstanding against the electricity connection bearing account no.MT01-1192-S in the name of Sadhu Singh, therefore, complainant  requested the Op to withdraw the said amount as at the time of installation  No Dues Certificate was endorsed but the Ops flatly refused to help the complainant in any manner rather threatened  that in case of non-deposit of the sundry amount, his connection will be disconnected. As such, the complainant has  prayed that the demand of Ops is illegal, arbitrary and unjustified and thereby negligence & deficiency in service. Hence, the present complaint.  

2.                     Upon notice, Ops appeared through counsel and filed written statement raising preliminary objections qua maintainability of complaint and suppresses of material facts.  On merits, it has been submitted that  earlier there was an electricity connection in the name of Sadhu Singh having account No. MT01-1192-S in the same premises in which the electricity connection in the name of complainant bearing account no.MT01-2202-M/AI-1727 is installed.  The electricity connection in the name of Sadhu Singh was disconnected on account of default in making the payment of electricity bills of Rs.22198/- and as per rules and regulations of the Nigam, the aforesaid amount was to be deemed to be outstanding against the premises in which the above said electricity connection bearing No.MT01-1192-S was installed and is to be transferred in the account of another electricity connection in the same premises.  As per the checking report LL-1 dated 19.07.2011, the electricity connection of the complainant  bearing No.MT01-2202-M/AI-1727 is installed in the same premises in which the electricity connection bearing account No.MT01-1192 was installed so, the defaulting amount of Rs.22198/- was transferred in the account of complainant as per the rules and regulations/instructions of the Nigam. As such, prayed that the complaint  be  dismissed with costs.

3.                     To prove his version, counsel for complainant tendered affidavit of complainant as Annexure CX alongwith documents as Annexures C1 to C-7 and closed the evidence whereas on the other hand, counsel for Ops tendered affidavits Anenxure RX alongwith documents as Annexure R-1  to R-3 and closed evidence.

4.                     We have heard learned counsel for the parties and gone through the record very carefully. The case of the complainant is that Ops wrongly and illegally has credited the amount of Rs.25879/- as arrears vide bill Annexure C-3 in his electricity account No. MT01-2202-M/AI-1727 whereas as per version of the Ops, the amount stands in the name of Sadhu Singh vide his electricity A/c no.MT01-1192S.

                        On the other hand, counsel for Ops has argued that  they have rightly credited the amount in the account of complainant being arrears of the same premises in which the electricity meter of complainant is installed.

 5.                    After hearing learned counsel for the parties and going through the record, we have come to the conclusion that the amount of Rs.25879/- so demanded by OP vide bill dated 07.01.2012 stands in the name of Sadhu Singh who is alive and having another electricity connection with the OP as admitted by the OP at the time of arguments, so the alleged amount should be credited firstly in the account of Sadhu Singh and he is duty bound to deposit the above said amount for consuming electricity himself.  Moreover, the complainant is not consumer of the Ops for electricity connection no. MT01-1192S. The version of Op that  as per checking report dated 19.07.2011 (Annexure R-1),  the electricity connection bearing no. MT01-2202/AI-1727 presently involved in this case is installed in the same premises in which the electricity connection account No.MR01-1192 was installed in the name of Sadhu Singh, is not believable since the OP failed to produce any document by which it can be ascertained that  connection of complainant is situated in the same premises where the connection of Sadhu Ram was installed and was disconnected.

                        In view of above discussion, the demand of Rs.25879/- demanded vide bill dated 07.01.2012 (Annexure C-3) is illegal and without any basis. As such, complainant is not liable to pay the abovesaid amount.  Accordingly, the complaint is allowed and Ops are directed to comply with the following directions within thirty days from receipt of copy of the order:-

(i)        Not to charge Rs.25879/- from complainant as demanded vide bill dated 07.01.2012 (Annexure C-3).

(ii)       To pay a sum of Rs.3000/- as litigation expenses for dragging the complainant in unwarranted litigation.

 

                             Copies of this order be sent to the parties concerned, free of costs, as per rules. File be consigned to the record room after due compliance.                                                                                           

 

ANNOUNCED:05.10.2016                                                                                    Sd/-  

                                                                                                                      (D.N. ARORA)

                                                  PRESIDENT    

 

                                                                                                                          Sd/-

                                            (PUSHPENDER KUMAR)

                                                                                                                        MEMBER