Haryana

Panchkula

CC/239/2021

ANITA PARVAN. - Complainant(s)

Versus

UHBVN. - Opp.Party(s)

DISHANT RISHI

28 Nov 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	239 of 2021
Date of Institution	:	19.05.2021
Date of Decision	:	28.11.2022

 

 

Anita Parvan w/o Sh. Ashok Parvan, Aged about 61 years, Resident of House No.678, Sector-21, Panchkula, Haryana.

                                                                ….Complainant

Versus

1.     UHBVN, through its Chairman, Vidyut Sadan, Plot No.C-16, Sector-6, Panchkula, Haryana.

2.     Sub Divisional Officer, ‘OP’ UHBVN, Madanpur Sub Division, Industrial Area Phase-II, Panchkula, Haryana.

3.     The XEN ‘OP’, UHBVN-Division, Industrial Area Phase-II, Panchkula.                                                                                                                                                                        ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

 

Before:              Sh.Satpal, President.

Dr.Pawan Kumar Saini, Member.

Dr.Sushma Garg, Member.

 

For the Parties:   Sh. Dishant Rishi, Advocate, for the complainant.

                        Sh. B.S.Negi, Advocate, for OPs No.1 to 3.     

                       

                                        ORDER

 

(Dr.Pawan Kumar Saini, Member)

1.              The brief facts of the present complaint are that the complainant is having an electricity meter/account no.3019240000. The complainant has received continuous inflated bills for the month of April-June, 2019 amounting to Rs.13,397/-, June-August 2019 amounting to Rs.19,569/- and in the next bill of August-October in the month of October amounting to Rs.47,963/-. On receiving continuously highly inflated bills with successively increasing amounts, the complainant had lodged a complaint before the OP No.2 on 22.10.2019 regarding inflated energy bills and requested to check the accuracy of meter. Upon receiving the complainant’s complaint, the above mentioned meter of the complainant was kept under the observation by OP No.2 for 32 days, i.e. from 24.10.2019 to 25.11.2019, whereby the then meter was found to be functioning abnormally, showing huge variations of readings, which got established as defective during the check-up/observation. The Ops replaced the defective meter on 24.12.2019. Despite the meter having already been established as defective and stood replaced with a new meter, Ops No.2 & 3 again issued next bill(bill month of Dec.2019) amounting to Rs.73,317/- based upon the readings recorded by defective meter. The complaint again submitted a complaint dated 26.12.2019 before OP No.2 but to no avail. The complainant has visited to the office of Ops and also had been multiple emails from May 2020 to August 2020 requesting to settle the inflated bill amounts but no response has been received from the Ops. It is stated that Ops No.2 & 3 kept delaying the settlement of inflated bills on the pretext of meter having been sent to laboratory for further checking, while continuing to issue inflated bills further. It is further stated that he filed a complaint before the Consumer Grievance Redressal Forum (hereinafter referred as to CGRF), UHBVN, Kurukshetra vide complaint no.239/2020 on 02.09.2020 regarding the same issue, whereby the Forum was pleased to pass an order dated 31.10.2020. Accordingly to the order of CGRF, he hoped to get next bill duly adjusted for as per under taking dated 28.10.2020, of OPs No.2 & 3 and order of CGRF from the department from the month of June, 2019 onwards till date, did not receive the same and surprisingly, again received next bill dated 21.12.2020 with Arrear Outstanding for the financial year amounting to Rs.85,592.65 instead of a net refund.  The complainant yet again received her next bill dated 19.02.2021 with outstanding arrears amounting to Rs.93,345.60 and after so many efforts and requests with Ops but all in vain. Being aggrieved, the complainant had sent a legal notice dated 05.03.2021 to Ops No.2 & 3 through registered post and OPs replied on 28.03.2021 that the action in updation of adjustment is in process but the grievances of the complainant does not redressed. Due to act and conduct of the OPs, the complainant has suffered mental agony, physical harassment and financial loss; hence, the present complaint.

2.             Upon notice, OPs No.1 to 3 appeared through counsel and filed written statement raising preliminary objections qua the complaint is not maintainable being frivolous and false; bad for non-joinder and misjoinder of necessary parties; no locus standi; no cause of action and the complainant has not come with clean hands and suppressed the true and material facts. It is stated that the complainant complained regarding the functioning of electricity  meter and the case/bill ID was issued to the complainant i.e.541310466 and after observation the electricity consumption charges bill amount adjusted in Account of excess consumption charges as meter found faulty in meter checking report as well as in lab report & account overhauled from April 2018 to December 2019 with previous year corresponding period as desired by CGRF case amount to be adjusted i.e. Rs.1,03,829/- & now the net payable amount on or before due date i.e. 21.10.2021 is Rs.3,457/-. On merits, it is stated that the electricity department working on the complaint of the complainant & it’s a whole process which takes time even electricity department were well aware regarding the dispute and considering on the situation the OPs continuously provided the electricity to the complainant. It is also stated that the complainant was timely informed regarding the proceedings of the complaint and OPs trying to resolve the issue as soon as possible. So, there is no deficiency in service on the part of OPs No.1 to 3 and prayed for dismissal of the present complaint.

3.             To prove the case, the learned counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 & C-13 in evidence and closed the evidence by making a separate statement. On the other hand, the Authorised Representative on behalf of the OPs No.1 to 3 has tendered affidavit Annexure R/A along with documents Annexure R-1 to R-7 and closed the evidence.

4.             We have heard the learned counsels for the parties and gone through the entire record available on file including the written submissions filed by the learned counsel for the complainant as well as OPs No.1 to 3, carefully and minutely.

5.             The complainant, having a account no.3019240000 with OP’s had filed the present complaint seeking directions to the OP to correct inflated electric bills issued to her for the month of April-June, 2019 amounting to Rs.13,397/-, June-August 2019 amounting to Rs.19,569/- and the bill of August-October amounting to Rs.47,963/- were wrong and incorrect being issued on the basis of defective meter in question.     

6.             During the pendency of the present complaint, the OPs have redressed the grievances of the complainant by overhauling her said account and making necessary corrections in the inflated bills. As per electricity bill dated 13.10.2021 (Annexure R-2) & 22.12.2021(Annexure R-1), it is evident that nothing is due towards the complainant, rather, as per said electricity bill(Annexure R-1) a sum of Rs.424/- was payable by OPs to the complainant. As such, the main grievance of the complainant stands redressed except her grievances pertaining to the payment of compensation to her by OPs on account of mental agony and physical harassment suffered by her due to the deficient services rendered by the OPs.

7.             During arguments, the learned counsel for the complainant reiterating the averments made in the complaint as also the Annexure C-1 to C-13 and written arguments filed today, vehemently contended that there had been gross negligence on the part of OPs No.2 & 3 while not rectifying the inflated bills despite the order dated 31.10.2020 passed by the Consumer Grievances Redressal Forum(CGRF) Kurukshetra in complaint no.239 of 2020 and thus, it has been prayed that the OPs be burdened with payment of heavy compensation to the complainant.

8.             On the other hand, the learned counsel for OPs while reiterating the averments made in the written statement as also the Annexure R-A along with Annexures R-1 to R-7 and written submissions filed today, contended that the grievances of the complainant have already been redressed to her entire satisfaction and thus, complaint is liable to be dismissed.

9.             Since the account of the complainant for the relevant period has been overhauled and the complainant has no grievances qua the overhauling of her account, the question arises before us is whether the complainant is entitled to compensation on account of mental agony and harassment. Admittedly, functioning of the electric meter in question was found defective and accordingly, the same was replaced with new meter on 24.12.2019 but the OPs No.2 & 3 continued to send the inflated bills to the complainant. The several e-mails sent by the complainant seeking redressal of her grievances qua the inflated bills failed to invoke any positive response from the Ops No.2 & 3 and ultimately the complainant was compelled to file a consumer complaint no.UH/CGRF-239/2020 on 17.9.2020 before the Consumer Grievance Rederssal Forum, Kurukshetra, wherein the OPs had filed the reply giving undertaking to overhaul the account of the complainant and accordingly, the said complaint was disposed of on 31.10.2020. It would relevant to highlight that OPs No.2 & 3 did not take any action qua the rectification of the inflated bills despite the directions issued by CGRF, Kurukshetra in the said complaint and the inflated bills were continue to be sent to the complainant. Thereafter, a legal notice(Annexure C-10) was sent by the complainant through her counsel on 05.03.2021 inviting the attention of the OPs No.2 & 3 to her grievances but to no avail. Finding no response, the present complaint was filed seeking the directions to OPs to overhaul her account. The aforementioned facts speak volumes about the callous, in-different and lackadaisical attitude of the OPs towards the genuine grievances of the consumers; accordingly, we have reached at the irresistible conclusion that the complainant is entitled to be compensated on account of mental agony and physical harassment suffered by her due to the lapse and deficient services on the part of the Ops. As such the present complaint is partly allowed with the directions to OPs to pay a sum of Rs.5,000/- on account of mental agony  and physical harassment and a sum of Rs.5,500/- on account of litigation charges as incurred by her.

10.            The OPs No.1 to 3 shall comply with the order within a period of 45 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 to 3. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

Announced: 28.11.2022

 

 

 

Dr.Sushma Garg          Dr. Pawan Kumar Saini            Satpal

                Member                     Member                     President

 

Note: Each and every page of this order has been duly signed by me.

 

   Dr.Pawan Kumar Saini

         Member