Haryana

Ambala

CC/1/2017

Som Nath - Complainant(s)

Versus

UHBVN Ltd - Opp.Party(s)

Jasbir Singh Repr

10 Apr 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                           Complaint No.:1 of 2017.

                                                           Date of Instt.: 02.01.2017.

                                                           Date of Decision: 10.04.2018.

 

Som Nath son of Kundan Singh resident of village Mehmoodpur Tehsil Barara District Ambala (Haryana) (Through Gen.Power of Attorney to Jasvir Singh s/o Som Nath resident of village Mehmoodpur Tehsil Barara District Ambala.

                                                                             …Complainant.

                             Versus

 

1.Uttar Haryana Bijli Vitran Nigam Limited (UHBVN) through SDO Babyal Sub-Division, Babyal Ambala Cantt. District Ambala.

2.Uttar Haryana Bijli Vitran Nigam Limited (UHBVN) through Superintendent Engineer, Operation Circle, Ambala City.

3.Uttar Haryana Bijli Vitran Nigam Limited (UHBVN) through the Chief Engineer (OP) UHBVN, Panchkulla (Haryana).

                                                                             …Opposite Parties.

 

             Complaint U/s 12 of the Consumer Protection Act, 1986

 

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

                        SH. PUSHPENDER KUMAR, MEMBER.                                                             MS.ANAMIKA GUPTA, MEMBER.

 

Present:                Sh. Jasvir Singh, representative for the complainant.

                             Sh. Chandeep Bindra, counsel for the opposite parties.

 

ORDER:

                             Briefly stated the facts of the present complaint are that complainant had obtained an electricity connection of APH category with a sanctioned load 25,000 BHP (for agriculture purpose) with account No.MP-31-1158-X (Old) and new no.MP-3-439 and since then he has been making payment of electricity bills. The electric meter got burnt with electric shock   and regarding this an application was moved to the Op No.1 for replacement  but after passing one year new electric meter was installed on 24.10.2013 vide MCO No.85/3051. The complainant had paid the electricity charges on average basis for dead meter (Rs.14,000/- per bill) and the OPs have wrongly charged the same from the complainant because as per rules 10 paisa per unit (Agriculture rate) is chargeable from the farmer. The complainant moved an application dated 26.07.2016 to the OPs for sending the bills as per actual consumption. On 15.09.2016 the OPs had sent a bill No.00814 dated 12.09.2016 wherein reading was shown 0-MIN and electricity charges have been shown as 1667/-. On 23.12.2016 the complainant visited Op No.1 and on his request JE had checked the ledger and marked the meter as OK with consumed electric energy as 100148. As per tariff rate the will would be Rs.8000/- but the department had charged Rs.14,000/- without any meter reading since 2012 and thereby they had charged excess charges. The last bill had been paid by the complainant is Rs.1667/- vide receipt No.397 book No.106584. The act and conduct of the Ops clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered affidavit Annexure CX and documents Annexure C1 to Annexure C18.

2.                          On notice OPs appeared and filed their joint reply wherein preliminary objections such as cause of action, maintainability, suppression of material facts and locus standi etc. The complainant has electricity connection of APH category with sanctioned load of 25 BHP. Electricity meter of the complainant was dead and on his request same was replaced with new electronic meter vide MCO No.85/3051 on 24.10.2013. The Ops have rightly issued the bills on average basis as in January, 2013 the average units for AP was 120 units per BHP and the rate of energy per unit was .25 paisa. On 01.04.2013 the Nigam/Govt. had changed the energy rates and average units on average basis, therefore, the Ops had raised the average bill for AP was 150 Unit per BHP and energy rate of per unit was .20 paisa so total average units comes to 3750 units @ .20 paisa upto 2014. The account of the complainant was overhauled vide sundry No.57/115 from the month of January, 2016 to September, 2016 and found that the actual reading on the spot was 86806  whereas in the meter reading book the units consumed was shown only 55422. The OP No.1 had given the benefit of about 31384 units to the complainant and raised a bill dated 30.01.2017 of 13624 units as per actual consumption as per meter readings and the OPs had raised bill No.00814 dated 12.09.2015 on MMC basis according instructions of the Nigam i.e. MMC rate 16.67 paisa per BHP per month and the OPs had rightly issued the bill of Rs.1667/-. Other contentions have been controverted and prayer for dismissal of the complaint has been made. In evidence, the Ops have tendered affidavit Annexure RX and documents
Annexure R1 to Annexure R4.

3.                          We have heard learned counsel for the parties and have gone through the evidence and documents on the file carefully.

4.                          It is admitted fact that the complainant has obtained electricity connection for APH category with a sanctioned load 25 BHP for agriculture purpose and the OPs had sanctioned the above said connection on meter base consumption and not on flat rates. The meter in question become dead and thereafter on depositing the meter charges vide receipt No.1452 dated 26.02.2013 but the OPs had installed the new meter upto 24.10.2013  after gap of around 8 months. The grievance of the complainant is that the OPs had firstly commit delay in installing the new meter despite receiving of its charges and further after installation of new meter they kept on charging the electricity charges upto January 2014 on flat rate basis.

                             It is not disputed that first bill was sent to the complainant on 24.12.2012 and the disputed period was from 05.11.2012 to 24.10.2013 (the date on which the new meter was installed). Perusal of Annexure R1 reveals that the reading for new meter for the period from 10/2012 to 12/2013 have been shown as “0” and in the month of January 2014 the meter reading has been shown as 200 and old reading has been shown as 1. This Forum had put a query on this point to the learned counsel or the Ops but no satisfactory reply was given.

                             In view of the above discussion that the Ops had sent the electricity bill on flat rate basis despite the fact that the complainant had obtained the electricity connection of APH                     category on meter consumption basis but the OPs have sent the bill on flat rate basis from the period from 05.11.2012 to December 2013 and this fact is also find support from the document Annexure R1 issued by the OPs. Since the complainant had deposited the requisite fee for changing the meter and the Ops had also issued the MCO (Annexure R2) but is not understandable as to why the Ops had committed delay in installing new meter despite the fact that the connection in question was for agriculture purposes and not for commercial purposes.This lapse on the part of the OPs goes to the root of the complainant and due to this he had to burden with heavy bill of flat rate basis which is higher than the actual meter reading consumption basis. The Ops had wrongly and illegally sent the bills from 05.11.2013 upto 12/2013. The electricity department is a government institute but it appears that the OPs have taken the matter in a casual manner without taking-care the interest of the consumer and such like behavior from government institute is not acceptable. Sh.Vinod Kumar, Commercial Assistant has given a statement dated 09.04.2018 to the effect that bill dated 12.09.2016 has been overhauled as per prevailing rates and placed the same on the case file as Annexure R3,  therefore, there is no need to decide this issue.  

7.                                 Keeping in view the above facts and circumstances it is clear that the complainant has proved his case by leading cogent and reliable evidence and the Ops are found deficient in providing services to him.  Hence, we allow the present complaint with costs which is assessed at Rs.3,000/- and quash the electricity bills for the period from 11/2012 to December 2013 Annexure C1 to Annexure 10 being issued wrongly and illegally.  In the interest of justice the OPs are directed to overhaul the account of the complainant for the period from 11/2012 to 12/2013 on the basis of consumption recorded by new meter January 2014 to December 2014. The Ops are directed to issue fresh bills for the overhauling period without adding any surcharge or penalty. The amount deposited by the complainant as part payment, if any, be adjusted in the account of the complainant. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

 

 

 

ANNOUNCED ON: 10.04.2018                                               (D.N. ARORA)

                                 PRESIDENT                

 

 

(ANAMIKA GUPTA)                                               (PUSHPENDER KUMAR)

     MEMBER                                                             MEMBER