Haryana

Ambala

CC/420/2016

Lal Singh - Complainant(s)

Versus

UHBVN Ltd - Opp.Party(s)

R.K.Joshi

20 Feb 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

                                     FORUM, AMBALA

 

                                                          Complaint case no.        :  420 of 2016

                                                          Date of Institution         :  18.11.2016

                                                          Date of decision   :  20.02.2018

 

Lal Singh son of Shri Kartar Singh, R/o # 535,  Rattangarh, Ambala City.

    ……. Complainant.

 

                                                          Vs.

 

1.       UHBVN Ltd, Sub Division  (Operation) East, Office near Badshahi Bagh Gurudawara, Ambala City.

2.       Executive Engineer (Operation Division) UHBVN Ltd, near Milk Plant, Ambala City. Assistant Executive Engineer (Operation), Sub Division Shahzadpur, Distrit Ambala.  

 

 ….…. Opposite Parties

 

 

Before:        Sh. D.N.Arora, President,

Sh. Pushpender Kumar, Member.

                   Ms. Anamika Gupta, Member.

                            

 

Present:       Sh. R.K.Joshi, counsel for complainant.  

                   Sh. Chandeep Bindra, counsel for OPs.

 

ORDER:

                   In nutshell, brief facts of the present complaint are that the complainant has a domestic electric connection in his house bearing no.#535, Rattangarh, Ambala City vide account no.3237620000. Since, the day of installation of electricity connection in the house of complainant, complainant was being given the electricity bills of Rs. 1200/- /1000/- /900/- etc. (consumption bills for two months) and he used to pay the bills regularly. The month of August, 2015 a bill was given by the OP No.1 of Rs. 9577/- and on seeing the said bill the complainant surprised  and he went to the office of the OP No.1 and made a complaint there but OP No.1 did  not care any genuine request of the complainant and thereafter complainant received a bill for the month of December, 2015 for Rs. 26,610/- and on seeing the said bill the complaint again surprised and he made a complaint to the department but they did not give any care on the said complaint. Thereafter the department  told  to the complainant that your meter is defective and they changed  the said meter with new one and thereafter whichever bill was given by the department the same  is as under:-

For the month of January, 2016 bill of Rs. 960/- was given and for the April 2016 the bill of Rs. 877/- was given and for the month of August, 2016 a bill of Rs. 1040/- was given and for October, 2016 a bill for Rs. 1163/- was issued.

The complainant requested the OP No.1 to get deposit the current bills and also requested to correct the bills of August, 2015 & December 2015 but the Ops insisted to him firstly deposit the two bills of heavy amounts and thereafter they will accept the current bills and thereafter  made complaints before the CM Window on 25.07.2016 & also made complaint to the department on 02.11.2016. On 25.10.2016 the OP No.1 disconnect  the  electric connection of the house of the complainant and they put pressure upon the complainant. Due to this act of the OPs, complainant and his family members have suffered a great mental agony. Hence, the present complaint.

2.                 Upon notice, OPs appeared through counsel and tendered written statement raising preliminary objections qua complaint is not maintainable, concealing the true and material facts and not come to the court with clean hands. On merits, learned counsel of the OPs stated that they raised a bill dated 06.08.2015 for Rs. 9301/- without surcharge for the period 15.05.2015 to 15.07.2015 for a total unit of 1118 consumed by the complainant. After that another bill dated 10.10.2015for Rs. 6062.75 for the period 15.07.2015 to 15.09.2015 of 867 units consumed by the complainant was raised  and thereafter  on 11.12.2015 another bill of Rs. 9732.47 Ps. For the period 15.09.2015 to 18.11.2015 for  1333 units consumed  by the complainant was raised and the in above said bills totally net payable amount was Rs. 25,845/- without surcharge, which includes all the above said three bills and the said fact has been concealed by the complainant in the present complaint. However, it is pertinent to mention here that on the complaint given by the complainant and after submission of meter challenge charges vide receipt no.BA-16-271 dated 03.11.2015, the meter in question was removed from the house of the complainant on 17.11.2015 vide MCO S.No.69 Book No.940/11 dated 03.11.2015 and the same was sent to the M & T Lab Dhulkot for the purpose of getting  accuracy check and a new meter  was installed on 17.11.2015. The old meter was checked in the M & T  Lab and was found to be working properly and its working  was within  the permissible limits, which clearly shows that the old meter was working  properly and the bills raised by the OP is according to actual consumption made by the complainant. So, there is no deficiency on the part of the OPs and prayed for dismissal of the present complaint.

3.                To prove his version complainant tendered his affidavit as Annexure C-X alongwith documents as annexure C-1 to C-6 and close his                          evidence. On the other hand, counsel for OPs have also tendered affidavit as of Sh. J.C.Narwal as Annexure R-X alongwith documents as annexure R-1 to R-4 and closed their evidence.

4.                We have heard learned counsel for the parties and carefully gone through the case file.   It is clear that the complainant has not deposited the bill  from the period 15.05.2015 to 15.11.2015 for amounting Rs. 25845/- unit consumed bill and Rs.765/- as surcharge shown in the statement account produced by the OPs. The complainant alleged that meter in question become defective and Nigam has shown the excessive bill for the  abovesaid period mentioned above and complainant has challenged the meter in question  and also deposited the  challenged fees amounting of Rs. 200/- vide receipt dated 03.11.2015  and  after depositing the challenging fees meter was removed on  17.11.2015 and  reading was shown 14244 units. The meter was sent to M & T Lab, Dhulkot for purpose of getting of accuracy check and new meter was installed on the same day i.e.17.11.2015 for testing the same and status of meter was found OK and the old meter was working properly as per the meter test report Annexure R-1. Perusal of the statement account it is clear that the complainant has not depositing the actual consumption bill regularly. There was amounting of Rs.43,248/- was due upto 02.02.2017 after the adjustment of Rs. 8,666/-.

5.                In view of the above discussion we are of view that the meter of the complainant was working properly and the bills so sent by OPs were correct and complainant is legally liable to pay the same. So, there is no deficiency on the part of the OPs. Accordingly, we dismiss the present complaint with no order as to costs. Copy of the order be sent of parties concerned as per rule. File be consigned to record room after due compliance.

 Announced on : 20.02.2018

 

                       

(PUSHPENDER KUMAR)         (ANAMIKA GUPTA)   (D.N. ARORA)

           Member                                              Member                         President