Haryana

Ambala

CC/201/2021

Krishna Wati - Complainant(s)

Versus

UHBVNL Ltd - Opp.Party(s)

Sandeep Kashyap

04 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	201 of 2021
Date of Institution	:	09.07.2021
Date of decision	:	04.05.2023

Krishna Wati aged about 63 years w/o Sh. Ved Parkash, R/o Village & Post office Pilkhani, Tehsil Ambala Cantt, District Ambala.

          ……. Complainant

                                                Versus

1. U.H.B.V.N. Ltd. through S.D.O. (Operation) Sub Division Kesri, Sub Tehsil Saha, District Ambala.
2. XEN, Operation, U.H.B.V.N. Ltd., Division Ambala Cantt., District Ambala.

….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

          Shri Vinod Kumar Sharma, Member.           

 

Present:      Shri Sandeep Kashyap, Advocate, counsel for the complainant.

                             Shri C.S. Bindra, Advocate, counsel for the OPs.

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To issue the new domestic electricity connection to the complainant as applied by her vide application no.A13-321-137 on 30.03.2021.
2. Not to demand the arrears of the old domestic connection as no consumption was done by the complainant after the year 2012 of the old domestic electricity connection no. A13-KD35-3404P.
3. To pay Rs.50,000/- as compensation/damages for causing mental harassment and agony and financial losses.
4. To pay Rs.22,000/- as the costs of litigation.

                                  OR

Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant is the owner of the Plot no. 24, Saha-Shahzadpur Road, Shyam Enclave, F.C.I Warehouse, Saha and the same was purchased by the complainant vide sale deed no.1876 dated 22.12.2011 and applied for a connection to OP No.1 for her domestic use and also deposited the necessary charges for the same. After completing all the formalities, the OPs provide the electric connection bearing A13-KD35-3404P to the complainant and installed an electric meter in the premises of the complainant. The complainant wanted to start a factory in the name of M/s Micro Plastic Works for preparing the plastic items in the aforesaid property aforesaid, and as such, again contacted the office of OP No.1 and requested to change her domestic connection to commercial connection. Thereafter, the officials of OPs told the complainant that she has to apply for a new commercial connection and also has to apply for removal of the old domestic connection. The complainant applied for removal of the old domestic connection and for installing new commercial connection and also paid the necessary fees and charges for removing of the old domestic connection A13- KD35-3404P. All the remaining outstanding dues of domestic connection no. A13-KD35-3404P were also paid by her. Thereafter, the officials of OPs removed the old domestic meter and installed a new commercial meter bearing account no. A13-KD35-2431-M in the premises of the complainant in the year 2012 and since then the complainant is paying all the dues of the above said commercial connection to the OPs. Thereafter, in the intervening night of 04/05.12.2018 there was a theft as well as fire in the factory of the complainant and due to the same the complainant suffered a great financial loss and the matter was also reported to the local police and an FIR no. 227 under section 380, 436, 457 of IPC regarding the same was also recorded in Police Station Saha. From December, 2018 the complainant has not started the work of the factory again and only some domestic servants are residing in the property of the complainant to look after the property. As such at present the complainant did not require the commercial connection and again contacted OP No.1 and requested for new electricity domestic connection. The OPs told the complainant to deposit the fees for the new connection and also to deposit up-to-date arrears of the old commercial electricity connection bearing account no.A13-KD35-2431-M, which was paid by her on 30.03.2021 vide receipt no.007, book no. 122796 of Rs.9943/-. Thereafter, she applied for a new connection vide application no. A13-321-137 on 30.03.2021 and also deposit the required fees and security fees and the OPs promised the complainant that soon the domestic electricity connection will be issued to her. After some time the complainant again contacted the office of OP No.1 and inquired about the status of her application no. A13- 321-137 on which some officials of OP No.1 told the complainant that the earlier domestic connection bearing account no. A13-KD35-3404P which was closed in the year 2012 is still running in her name and the complainant also has to pay all the arrears amounting of Rs.1,47,230/-. However, the complainant was shocked to hear the same as the old domestic connection was closed by her in the year 2012 itself and the complainant at that time had paid all the up to date arrears of the old domestic connection and the electricity meter of the complainant was also removed by the officials of OPs and only then a new commercial connection bearing account no. A13-KD35-2431-M was got issued to the complainant. The old domestic connection bearing account no. A13- KD35-3404P remained continue due to the negligence of the officials of OPs only. Thereafter the complainant contacted the OPs and requested to issue the new domestic connection and not to demand the arrears of the old domestic connection, but the OPs flatly refused to accede the same. After finding no alternative the complainant has issued a legal notice dated 10.06.2021, Annexure C-8/C-9 through his counsel but to no avail.  Hence this complaint.
3.           Upon notice, the OPs appeared and filed written version and raised preliminary objections with regard to maintainability, not come with clean hands and suppressed the material facts and no locus standi etc. On merits, it has been stated that it is correct that the complainant has applied for the domestic connection and accordingly the OPs released the domestic connection bearing account No.KD35-3404. It is denied that the complainant applied for removal of her old domestic connection bearing account No. KD35-3404. No such application/affidavit was moved by the complainant in the office of OPs, so the question of removal of domestic connection bearing account No.KD35-3404 does not arise at all at that time. However, the complainant approached for NDS connection and after completing all the formalities, the OPs released the NDS connection in the name of the complainant vide account No.A13- KD35-2431. The DS connection of the complainant was disconnected vide PDCO Book No.131 Sr. No.31 dated 12.2.2020 on the defaulting amount of Rs.1,25,242/- and after issuance of PDCO, the concerned official of the OPs visited the premises of complainant and reported that DS meter and PVC not at site and bill to be closed. Final defaulting amount of Rs.1,47,230/- is still outstanding against the complainant regarding her domestic connection bearing a/c No. KD35-3404. The NDS connection of the complainant is still running and now the complainant has concocted a false story in order to frame the present complaint. The complainant never approached the OPs for disconnection of her NDS connection bearing account No.A13-KD35-2431. Huge amount is still outstanding against the DS account No.KD35-3404 of the complainant and the complainant has to clear all the outstanding amount, and only then the OPs  will release any new connection as per the rules and regulations of the Nigam. Rest of the averments of the complainant were denied by the OPs and prayed for dismissal of the present complaint with costs.
4.           Complainant tendered her affidavit as Annexure CX alongwith documents as Annexure C-1 to C-9 and closed the evidence of the complainant. Learned counsel for the OPs tendered affidavit of Shri Atitosh Kumar Singh, SDO (OP), Sub Division UHBVNL, as Annexure RX alongwith document Annexure R1 to R-8 and closed the evidence on behalf of OPs.
5.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by suddenly raising demand of Rs.1,47,230/- in respect of old domestic connection bearing account No. KD35-3404 of the complainant, for the period from 2012 to 2020, vide bill dated 08.11.2020 Annexure R-5, which had been got disconnected by her in the year 2012, the OPs are deficient in providing service.   
7.           On the other hand, learned counsel for the OPs submitted that since correct bill was raised by the OPs in respect of the meter in question (old domestic connection bearing account No.KD35-3404) for the period from 23.04.2012 to 15.04.2020 as the same was never got disconnected by the complainant and as such, till the date the said amount is not paid by the complainant, she is not entitled to get any new electricity connection in her premises.  
8.           Perusal of record and also from arguments of the parties, it is coming out that the controversy revolves around only the one question i.e. non installation of new electricity connection in the premises of the complainant, for which she had moved application no. A13-321-137 on 30.03.2021, on the ground that she had allegedly not paid bill for the earlier meter bearing no. KD35-3404 installed at her residence starting from the year 2012 till 2020, and for that the OPs have raised demand of Rs.1,47,230/-  starting from the year 2012 till 2020, vide bill dated 08.11.2020 Annexure R-5. At the time of arguments also, learned counsel for the complainant has contended with vehemence that the meter bearing account No. KD35-3404 was got disconnected by the complainant in the year 2012 and it was only thereafter that commercial meter was got installed in her premises but since an incident of fire took place in the premises of the complainant as such she decided to remove the commercial connection and moved application for installation of domestic electricity meter, yet, the OPs, all of a sudden raised  bill Annexure R-5 amounting to Rs.1,47,230/-  for the period from 2012 to 2020 and are compelling her to make the said payment before installation of new domestic electricity meter. It is significant to mention here that we have gone through the entire record of this case and did not find any evidence in the shape of any document/bill followed by reminders, whereby the OPs had ever raised demands qua the earlier meter bearing no. KD35-3404 starting from the year 2012 onwards till 2020 from the complainant. When the learned counsel was confronted with the situation, he was also not able to convince and satisfy this Commission in the matter. Thus, in our considered opinion, though it is not proved that the meter bearing no. KD35-3404 stood installed in the premises of the complainant starting from the year 2012 till 2020, yet, even for the arguments sake if we assume that the same is installed even then, by raising such a demand in the year 2020 for previous years of more than 8 years starting from the year 2012,  the OPs have violated Section 56 (2) of the Electricity Act, 2003, which reads as under:-

(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 arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.

 

Section 56 (2) clearly says that no amount due from a customer is recoverable after a period of two years from the date on which it became first due. Secondly,  there is also violation of Section 56 (1) of the Electricity Act by the OPs, which says that where   any  person   neglects   to   pay   any   charge for electricity  or  any  sum  other  than  a  charge  for  electricity due from him, a notice of not less than 15 days in writing is mandatory to be given to the consumer. However, OPs failed to answer as to why such a notice under section 56 (1) was not given to the complainant in the matter, well in advance, if the alleged bill was pending to be paid by her. What to speak of notice, during all the years from 2012 to 2020, not even a single bill has been raised in respect of meter bearing no.KD35-3404 by the OPs from the complainant. Under these circumstances, we are of the view that OPs cannot be set to be right in raising the demand of  Rs.1,47,230/-, for the period from 2012 to 2020, from the complainant vide bill dated 08.11.2020 Annexure R-5 and not installing new meter under the garb of that demand. The complainant is therefore not liable to pay any alleged charges of Rs.1,47,230/- and on the other hand, is entitled to get installed new electricity meter at her premises, request of which is already pending with the OPs. The said demand raised vide bill dated 08.11.2020 Annexure R-5 stands quashed.

9.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-  

1. To install the domestic electricity meter at the premises of the complainant, as applied by her vide application no. A13-321-137 on 30.03.2021.
2. To pay Rs.3,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

     The OPs are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 04.05.2023.

 

(Vinod Kumar Sharma)		(Neena Sandhu)
Member		President