Haryana

Ambala

CC/007/2011

SAME SINGH - Complainant(s)

Versus

UHBVN LTD - Opp.Party(s)

J.S ATTERI

29 Jul 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                             Complaint Case No. :    07 of 2011

                                                           Date of Institution    :     03.01.2011

                                                             Date of Decision      :      29.07.2016

Same Singh son of Shri Munshi Singh  R/o village Binjalpur, Tehsil Barara, District Ambala.

……Complainant.

Versus

Uttri Haryana Bijli Vitran Nigam Limited, Sadhoura, Division Naraingarh, District

Ambala through its S.D.O.

……Opposite Party

Complaint Under Section 12 of the Consumer Protection Act

CORAM:        SH. A.K. SARDANA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.                       

Present:          Sh. J.S. Attri, Adv. counsel for complainant.

                        Sh. R.S. Saini, Adv. counsel for Ops.

ORDER.

                        Complainant has filed the present complaint averring therein that he is consumer of OP for domestic supply vide account no.JS13/0895H-M and is paying the electricity bill regularly and received the electricity bill amounting to Rs.9892/- pertaining to the period from 21.08.2010 to 21.10.2010 but despite the request of the complainant it was not corrected and  sent another bill of Rs.11760/-            So again complainant approached the OP to correct the bills and to charge the amount as per the actual consumption as he was away  on ‘Tirth Yatra’ during the said period and thus such a huge consumption cannot be consumed by the complainant.  It has been further contended by the complainant that OP has increased the load to the extent of 1.5 KV from  consumption base load without the knowledge  and consent of the complaint which is quite illegal as the complainant has never requested the Ops to increase the load.  Thus the complainant has contended that the act & conduct of OP amounts to deficiency in service as well as unfair trade practice on their part. In the end, complainant has requested for issuing a direction to Op to correct the impugned bills and to pay compensation etc. for harassment & mental agony.

2.                     Upon notice, Op appeared through counsel and tendered written statement denying that complainant has been making payments of bill as per  consumption and that OP is sending excessive bills to him and that his consumption is less and that  electricity from the Feeder is not more than 8 hours in 24 hours as alleged and that he is neither having any Fridge, Heater or any other appliances in his house except the said four CFL.  It has been further urged by OP that complainant is using 1.5 KW of load on this connection and his consumption since March 2009 is as per Annexures attached with the reply and he is defaulter since March 2009. In the end, it has been urged that the bills are  correct one rather OP failed to pay the same for which  he is liable and prayed for dismissal of complaint with costs.

3.                     To prove his version, counsel for complainant tendered affidavit of complainant as Annexure CX alongwith documents as Annexures C-1 to C-3 and closed the evidence whereas on the other hand, counsel for OP has tendered affidavit of one Sh. Sandeep Bhart, SDO (OP). Sadhaura as Annexure RX  alongwith document as Annexure R-1 and closed their evidence.

4.                     We have heard the learned counsel for the parties and gone through the disputed bill dated 23.10.2010 (Annexure C-3) & bill dated 22.12.2010 (Annexure C-2) whereby OP demanded Rs.9597/- & Rs.11760/- respectively. Perusal of document Annexure C-1 which is electricity account statement pertaining to electricity connection of complainant for the period from 3/2009 to 01/2011 reveals that complainant has consumed electricity approximately 150-250 units bimonthly but  for the period of 6 months i.e. from 09/2010 to 01/2011 units consumed by complainant have been shown  as 340,360 & 452 respectively which are on higher side though the said period is admittedly winter season wherein generally consumption of electricity  remains on lower side but on the contrary, it has been shown on higher side by the Ops for the reasons best known to them.  

            Therefore, we are of the view that the electricity account of the complainant requires to be overhauled.  Accordingly, complaint is allowed and Op is directed to comply with the following directions within thirty days from the communication of this order:-

1. To overhaul the account of complainant pertaining to the period of disputed bills i.e. 09/2010 to 01/2011 as shown in Annexure R-1 on the basis of the consumption recorded during corresponding period of previous year when the meter was functional & recording consumption correctly.
2. Also to pay a sum of Rs.3000/- to the complainant on account of litigation expenses.

 

                                    The aforesaid directions must be complied with by the Ops within the stipulated period otherwise the complainant shall be entitled to get the said order enforced under due provisions of the Consumer Protection Act. Copies of this order be sent to the parties concerned free of costs, as per rules. File after due compliance be consigned to record room.

 

ANNOUNCED:29.07.2016                                                            Sd/-

                                                                                            (A.K. SARDANA)

                                 PRESIDENT                

 

                                                                                                      Sd/-

(PUSHPENDER KUMAR)  

                                                                                                              MEMBER