BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
SONEPAT.
Complaint No.448 of 2013
Instituted on: 11.11.2013
Date of order: 02.03.2015
Tilak Raj son of Hazari Lal, resident of Saraswati Vihar, Mehlana road, Sonepat.
…Complainant. Versus
1.UHBVN Ltd. S-12, City Sub Division, Sonepat (through SDO MT)
2.UHBVN Ltd. Power House, Fazilpur, Sonepat (through XEN Sonepat).
…Respondents.
COMPLAINT UNDER SECTION 12 OF
THE CONSUMER PROTECTION ACT,1986
Argued by: Sh. NK Dahiya, Adv. for complainant.
Sh. Neeraj Malik, Advocate for respondents.
Before- Nagender Singh-President.
Prabha Wati-Member.
D.V. Rathi-Member.
O R D E R
Complainant has filed the present complaint against the respondents alleging himself to be the consumer of the respondents vide account no.SP01-1006-N old A/C no.GL3-27 having connected load of 15.5 KVA and another single phase domestic supply connection with account no.GL12/0625. The complainant due to close of business, has moved an application dated 25.7.2012 with the respondent no.1 and requested to disconnect the supply of 3 phase connection of account no.SP01-1006-N old account no.GL3-27 as the same is not in use. The respondent disconnected the supply of 3 phase connection on 27.7.2012. The meter was not removed and surprisingly the respondents issued a bill for the said disconnected meter. The complainant again moved an application dated 16.11.2013 to correct the bill and to adjust the same against the security of the said connection, but of no use. On 26.10.2013, the respondents official visited the premises of the complainant and prepared a report of 3 phase connection, wherein it is clearly mentioned that the supply to the LT-CT meter at the site in disconnected condition and the team of the respondents made endorsement on the report that an amount of Rs.2,03,323/- is in default for that connection. The complainant moved an application dated 28.10.2013 upon which, the respondent no.1 checked the record and found that the supply is disconnected and account meter is not in use since 7/2012 and still the respondent no.1 calculated the defaulted amount as Rs.87345/-. The team of the respondents has prepared a incorrect and arbitrary report without taking the correct facts into their consideration and that amounts to a grave deficiency in service on the part of the respondents and thus, the complainant has come to this Forum and has filed the present complaint.
2. In reply, the respondents have submitted that three phase connection with meter no.SP01-1006-N old account no.GL3-27 was disconnected on the application moved by the complainant on 25.7.2012. On the day of disconnection, Rs.87345/- was outstanding on this disconnected meter. The security amount cannot be adjusted with the pending amount of Rs.87345/-. The meter of disconnected connection was removed after some time. The demand of Rs.87345/- from the complainant is legally justified and the same is pending since 7/20123 on 3 phase meter account no.SP01-1006-N old account no.GLS-27. The respondents never prepared any report incorrect or arbitrarily but report is always prepared after taking into consideration every record. There is no deficiency in service on the part of the respondents and thus, prayed for the dismissal of the present complaint.
3. We have heard the arguments advanced by both the learned counsel for the parties at length. All the documents have been perused very carefully and minutely.
Ld. counsel for the complainant has argued that the complainant has moved an application dated 25.7.2012 with the respondent no.1 and requested to disconnect the supply of 3 phase connection of account no.SP01-1006-N old account no.GL3-27 as the same is not in use. The respondent disconnected the supply of 3 phase connection on 27.7.2012. The meter was not removed and surprisingly the respondents issued a bill for the said disconnected meter. The complainant again moved an application dated 16.11.2013 to correct the bill and to adjust the same against the security of the said connection, but of no use. On 26.10.2013, the respondents official visited the premises of the complainant and prepared a report of 3 phase connection, wherein it is clearly mentioned that the supply to the LT-CT meter at the site in disconnected condition and the team of the respondents made endorsement on the report that an amount of Rs.2,03,323/- is in default for that connection. The complainant moved an application dated 28.10.2013 upon which, the respondent no.1 checked the record and found that the supply is disconnected and account meter is not in use since 7/2012 and still the respondent no.1 calculated the defaulted amount as Rs.87345/-. The team of the respondents has prepared a incorrect and arbitrary report without taking the correct facts into their consideration and that amounts to a grave deficiency in service on the part of the respondents.
It was also argued that the bills Ex.C1 to C7 were issued after disconnection of the electricity connection. The detail of the bills Ex.C1 to C7 are as under:-
Old Units New Units Consumption
1. 9972 0 450
2. 9972 0 1418
3. 9972 0 5120
4. 9972 0 5120
5. 9972 0 1158
6. 9972 0 5120
7. 9972 0 450
Ld. Counsel for the complainant has also placed on record the bill and receipt marked as Annexure A and B at the time of arguments and has also argued that the complainant has already paid the electricity charges upto the units of 9103.
Ld. Counsel for the respondents has submitted that three phase connection with meter no.SP01-1006-N old account no.GL3-27 was disconnected on the application moved by the complainant on 25.7.2012. On the day of disconnection, Rs.87345/- was outstanding on this disconnected meter. The security amount cannot be adjusted with the pending amount of Rs.87345/-. The meter of disconnected connection was removed after some time. The demand of Rs.87345/- from the complainant is legally justified and the same is pending since 7/20123 on 3 phase meter account no.SP01-1006-N old account no.GLS-27. The respondents never prepared any report incorrect or arbitrarily but report is always prepared after taking into consideration every record. There is no deficiency in service on the part of the respondents.
In the present case, the respondent in his written statement has admitted that three phase connection with meter no. SP01-1006-N old account no.GL3-27 was disconnected on the application moved by the complainant on 25.7.2012.
The document C-8 i.e. the application moved by the complainant for disconnection of electricity connection fully supports the case of the complainant and on the back side of this document, meter reading is mentioned as 9887 as on 26.7.2012. Further the perusal of the checking report dated 26.10.2013 shows that in this checking report, it is mentioned that “Checked the site and found a LT-CT meter installed at site in disconnected position and presently supply at site found in use through a running Account no.GL-12/0625. In our view, the evidence led by the complainant fully speaks against the respondent.
As per bill dated 12.4.2012 the complainant has made the payment of Rs.9776/- alongwith arrears upto the reading of 9103 units. Meaning thereby, the complainant has used the electricity energy only for 784 units i.e. with effect from 9103 to 9887 units. So, taking into consideration the bill dated 12.4.2012, we have come to the conclusion that the complainant is only liable to make the payment of 784 units and the respondent can charge the amount of 784 units from the complainant. Thus, we hereby direct the respondent to deduct the amount of 784 units without any penalty, surcharge or interest, from the security paid by the complainant and after deduction of amount of 784 units, the remaining security amount is directed to be paid to the complainant.
With these observations, findings and directions, the present complaint stands allowed.
Certified copy of this order he provided to both the parties free of cost.
File be consigned after due compliance.
(Prabha Wati) (DV Rathi) (Nagender Singh)
Member,DCDRF, Member, DCDRF President, DCDRF
Sonepat. Sonepat. Sonepat.
Announced 02.03.2015
