Haryana

Ambala

CC/80/2011

RAM KUMAR - Complainant(s)

Versus

UHBVN LTD - Opp.Party(s)

KESHAV SHARMA

23 Dec 2016

ORDER

                       BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

     Complaint Case No. :    80 of 2011

                  Date of Institution    :     10.03.2011

                 Date of Decision      :     23.12.2016

 

Ram Kumar S/o Late Sh. Suraj Bhan R/o village Bichpari Tehsil & District Ambala.

                                                              ……Complainant. 

                                                                                                Versus

S.D.O. Op. Sub Division No.1, UHBVNL, Ambala Cantt.

                                         ……Opposite Party

 Complaint Under Section 12 of the Consumer Protection Act

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

                        SH. PUSHPENDER KUMAR, MEMBER.                       

Present:          Sh. Keshav Sharma, Adv.  for complainant.

                        Sh. R.S. Saini, Adv. for OP.

ORDER.

                        In nutshell, brief facts of the present complaint are that  an electricity connection  bearing account no.KN10-2697-L (old no.LK-1660) is installed in the abovesaid house of complainant and the meter is standing in the name of Sh. Suraj Bhan (deceased) father of complainant.  It has been submitted that after the death of his father, complainant is paying the electricity bills regularly consumed in the said premises. It has been submitted that there was one another electricity connection bearing account no.10/2063 in the name of Sohan Lal, brother of complainant which was disconnected, reasons best known to the OP.  Further it has been submitted that on 15.12.2010, officials of Op came to the premises of complainant and checked the premises of the complainant and made false report alleging that Sohan Lal is using the energy through a separate meter bearing account no.2697 (old account no.LK 1660) which is totally incorrect as Shri Sohan Lal was having his separate electric meter account no.KN10/2063 which was disconnected by OP earlier. But the OP illegally and forcibly wants to put the illegal amount of account no.KN-10/2063   in the account of complainant bearing account no.KN10/2697. It has been submitted that complainant has already informed the OP to transfer the account no. KN10/2697 in the name of complainant but the said account is still  in the name of his deceased father who was living with him till his death. Thus the bill amount of Rs.16,355/- has been shown in the bill of complainant for the period 30.11.2010 to 31.01.2011 and the total bill of Rs.16616/- has been shown due to be paid by the complainant by 10.03.2011 and  OP threatened the complainant that if this amount is not paid,  in that eventuality, his electricity connection will also be disconnected. As such, the complainant has prayed that the act and conduct of OP amounts to deficiency in service.  Hence, the present complaint seeking relief as per prayer clause.

2.                     Upon notice, Op appeared through counsel and filed written statement admitting that electric connection no. KN10-2697-L is operating in the name of Suraj Bhan (deceased) father of complainant in the said premises. It has also been admitted that the electric connection No. KN10-2063 of Sohan Lal was disconnected for non-payment of Rs.16355/- prior to 2002 from the present premises wherein the complainant is using the connection in question.  It has been submitted that on 15.12.2010,  the OP made  observation “Defaulting amount of Rs.16355/-. Checked the site and found that Sh. Sohan Lal is presently utilizing the electricity through another connection bearing  A/c No. KN10-2697/LK-1660 in the name of Suraj Bhan son of Banarsi Dass-Action be taken as per rules of the Nigam”.  The checking report was  carried out in the presence of Sohan Lal who signed the checking report after admitting the checking to be correct.  Thus the supply of electricity was being found used from connection no. KN10-2697 in the same premises from which earlier connection no. KN10-2063 was disconnected permanently for non-payment of Rs.16355/- and  under the rules of OP, no second connection can be released or allowed to be operated in the same premises which earlier remained a defaulting premises as in the present case. Hence, present connection of complainant is liable to be disconnected  for non-payment of above amount of Rs.16355/-, so transferred under the rules of OP in the present account and the Op acted as per its rules while transferring the abovesaid amount as earlier connection was disconnected from the same premises for non-payment of electric dues. As such, the bill in dispute issued to complainant is legal one and as per rules and prayed for dismissal of complaint with costs.

3.                     To prove the case, counsel for complainant tendered affidavit of complainant as Annexure CX alongwith documents as Annexures C-1 to C-4 and closed the evidence whereas on the other hand, counsel for OP tendered affidavits as Annexures RX & RY alongwith documents as Annexures R-1 to R-3 and closed the evidence.

4.                     We have heard learned counsel for the parties and gone through the record very carefully. Perusal of  bill for the period from 30.11.2010 to 31.01.2011 (Annexure C-2) reveals that units consumed in this bill has been shown as 83  and Rs.16355/- has  also been added  in the bill as arrears.  The arrears have been imposed by the OP in the bill in dispute on the ground that electric connection No. KN10-2063 of Sohan Lal was disconnected for non-payment  of Rs.16355/- prior to 2002 from the present premises wherein the complainant is using the connection in question and on 15.12.2010, the OP found that Sh. Sohan Lal is presently utilizing the electricity through another connection bearing A/c No. KN10-2697/LK-1660 in the name of Suraj Bhan son of Banarsi Dass.  Checking report was carried out in the presence of Sohan Lal who signed the checking report after admitting it to be correct.

                        Counsel for the complainant has argued that admittedly the arrear of Rs.16355/- pertains to the year 2002 and the same have been imposed 30.11.2010 to 31.01.2011 (Annexure C-2) and as per section 56 (2) of Electricity Act, the amount after the period of two years is not recoverable and the complainant being beneficiary consumer is entitled to the said benefit.  Counsel for complainant has placed reliance on case law delivered by Hon’ble State Consumer Disputes Redressal Commission, Punjab in case titled Sat Pal Vs. PSEB through its Secretary and others  2006(2) CPC-137 wherein it has been held that Consumer-Beneficiary-It is settled that a person who is staying in a  house as a actual user of electricity would be a consumer being a beneficiary-In the present case electricity connection was in the name of father of the complainant-A demand of Rs.12370/- was raised against complainant by PSEB against which District Forum was approached for necessary  relief- Order of the Forum holding that complainant is not  a consumer cannot be sustained-A beneficiary is also a consumer as defined in C.P. Act-Order set aside-Case remanded for fresh decision on merits.

                                                            “56. Disconnection of supply in default of

payment.

(2)       Notwithstanding  anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown  continuously as recoverable as arrears of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.”

                        Complainant sought information from OP under Right to Information Act 2005 whereby it has been informed that date of installation of electric meter no. KN-10-2697L Old A/c No.LK-1660 in the name of Surajbhan S/o Banarsi Dass R/o village Bichpari is 05.07.2011.  The date of installation and disconnection  of the electric meter number KN10-2063 in the name of Sohan Lal S/o Surajbjan of village Bichpari record are not available due to damage in flood. But as per  record available the said connection was disconnected  before 2003 on the defaulting  amount to Rs.16355/-. Photocopy of ledger was enclosed. The copy of ledger shows that the amounts pertains to the year 2003.

                        After  going through the case law  and Section 56(2) of the C.P. Act as well as record produced by complainant, we are of the view that complainant comes within the ambit of consumer and  section 56 (2) of the Act restricts the OP not to recover the amount of Rs.16355/- imposed as  arrears in the bill Annexure C-2 which too pertains to another defaulting connection in the name of brother of complainant. Hence,  we allow the present complaint and direct to comply with the following directions within thirty days from the communication of this order:-

1. Not to charge  amounting to Rs.16355/- as demanded vide bill (Annexure C-2).
2. Also to pay a sum of Rs.2000/- to the complainant on account of litigation expenses.

 

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

                                                                                                               Sd/-

ANNOUNCED ON:                                                                    (D.N. ARORA)

                                 PRESIDENT                

 

                                                   Sd/-

                                   (PUSHPENDER KUMAR)

                                                                                                              MEMBER