BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Sukhvinder Kaur age about 57 years w/o Sh. Baljeet Singh r/o H.No.2333P, Sector-9, Urban Estate, Ambala City.

……. Complainant

                                                Versus

U.H.B.V.N. Ltd. through S.D.O. (Operation) Sub Division (EAST) Ambala City

….…. Opposite Party.

Before:       Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.          

Present:-     Shri Satpal Singh, Advocate, counsel for the complainant.                                                                                                                                 Shri J.S. Rathore, Advocate, counsel for the OP.

Order:        Smt. Neena Sandhu, President.

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

1. To withdraw the demand of electric charges of Rs.13,219/- against the temporary connection.
2. To refund security of Rs.7000/- along with interest @ 12% per annum from 18-3-2020 till realization.
3. To pay Rs.1,00,000/- as damages on account of mental agony, harassment, deficient services and unfair trade practice.
4. To pay Rs.25,000/- as litigation expenses.
5. Grant any other directions which this Hon’ble Commission may deems fit.

2.             Brief facts of the case are that the complainant is the owner of House no. 2333P Sector 9, Urban Estate, Ambala City. She constructed the said house in the year 2018-2020 and had applied to the OP for temporary connection on 10-12-2018, on making payment of Rs.7000/- as security connection, which was refundable at the time of disconnection of temporary connection. Resultantly, the OP issued temporary connection no. 9341433945 to the complainant and installed electric meter in her premises. The complainant has paid all the electricity bills against the temporary connection to the OP. Thereafter, the complainant applied for regular electric connection with the OP on 22-1-2020 which was issued to the complainant vide connection no.5770242364 in the month of February 2020. On 18-3-2020 the complainant gave an application to the OP for disconnection of temporary meter and the application was duly received by the OP vide receipt no. 1634 dated 18-3-2020, Annexure C-3. Thereafter, the officials of the OP removed the temporary meter from the premises of the complainant against which there was no pending bills to be paid by the complainant.  Thereafter, the complainant visited to the OP and requested for refund the security amount of Rs.7000/- but the OP postponed the matter on one pretext or the other. Later on, the complainant was surprised to know that the temporary connection is still in existence in the record of the  OP and it demanded Rs.13,219/- from her against the temporary connection, though the temporary connection had already been disconnected and the meter had also been removed from the premises of the complainant by the officials of OP and the complainant had paid entire electric charges against the temporary connection till its disconnection. Hence this complaint.
3.           Upon notice, OP appeared and filed written version and raised preliminary objections with regard to maintainable, no locus standi, estoppal, not come with clean hands and suppressed the material facts etc. On merits, while admitting the fact that the complainant had been issued temporary electricity connection on payment of refundable security of Rs.7000/-, it has been stated that the complainant had never applied for the refund of security amount to the OP.  Since the complainant had not paid pending bills of the temporary connection, as such, the readings were accumulated. The obligation of a consumer to pay electricity charges arises right after the bill is issued under the consumer's name by the electricity department. The bill sets out the time within which the charges are to be paid. If the consumer fails to pay the charges within the stipulated period, same carried forward to the next bill as arrears. The complainant has paid her last bill of the temporary connection to the tune of Rs.694/- on 14.10.2019. The complainant has not paid any dues which are pending against her on account of electricity bills of the temporary connection since 14.10.2019 till March 2022 and the dues of the electricity bill of the complainant has remained around Rs.15915/.  It is the general rule/principle of the electricity department that after the period of temporary supply is over and the supply has been disconnected, the licensee shall prepare the final bill on the basis of actual consumption. As per the rule, the security amount cannot be paid until and unless the account is clear and all arrears are duly paid, but in the present case, the complainant has not paid the arrears of the temporary connection no. 9341433945 since November 2019 till date. The complainant had given an application for the removal of a temporary connection in the month of March 2020 and as such, it is the duty of the complainant to ask for the security refund at the same time while applying for the disconnection but she failed to do so. The complainant herself is a wrongdoer and is trying to escape from her liability of paying the pending bills of the temporary electric connection. Rest of the averments of the complainant were denied by the OP and prayed for dismissal of the present complaint with cost.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure C-A, alongwith documents as Annexure C-1 to C-6 and closed the evidence on behalf of complainant. Learned counsel for the OP tendered evidence by way of documents Annexure R-1 to R-4 and closed the evidence on behalf of OP.       
5.           We have heard the learned counsel for the complainant and learned counsel for the OP and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that despite the fact that the complainant has timely moved application for disconnection of the temporary meter in question and made request for refund of the security amount of Rs.7000/. The OP disconnected and removed the said temporary meter but the said temporary connection is still showing in existence in the record of the OP and it demanded Rs.13,219/- from the complainant against the temporary connection already disconnected, which is illegal and unfair.
7.           On the other hand, learned counsel for the OP while reiterating his objections taken in the written version submitted that the complainant had never applied for the refund of security amount to the OP. He further submitted that the complainant has paid her last bill of the temporary connection of Rs.694/- on 14.10.2019 and has not paid any dues since 14.10.2019 till March 2022, which is about Rs.15,915/-.
8.           The moot question which falls for consideration is, as to whether, the complainant is entitled to get refund of the security amount of Rs.7000/- or not. It may be stated here that it is the definite case of the complainant that after getting regular electric connection no.5770242364 in the month of February 2020, he moved an application before the OP on 18-3-2020 for disconnection of temporary meter, which was duly received by it vide receipt no.1634 dated 18-3-2020 and the OP removed the temporary meter from the premises of the complainant, but, it did not refund the security amount. From the perusal of record of receipt register of OP Annexure C-5 it is quite clear that the OP received the application of the complainant regarding removal of the temporary electricity meter vide receipt no.1634 dated 18-3-2020. It has not been convinced by the OP, as to why, when the application stood received from the complainant for disconnection of temporary electricity connection and at the same time, have also issued permanent electricity connection on receipt of application dated 22.01.2020, Annexure C-3 and C-4, then why they showed the arrear of Rs.21151.32 paisa in the bill dated 16.02.2023, Annexure R-4 and that too in the bill of permanent electricity connection. There is nothing on record that before 16.02.2023, any such demand of Rs.21151.32 regarding alleged pending dues towards temporary connection aforesaid was ever raised by the OP. The OP has also failed to convince this Commission, as to what action was taken by it, on receipt of application dated 18.03.2020 from the complainant vide receipt no.1634 dated 18-3-2020, for disconnection of the electricity connection. Even otherwise, had any amount been pending towards temporary electric connection, the OP would not have issued bill against regular electricity connection bearing account no.9341433945, Annexure R-4. Since the OP has failed to place on record even a single evidence to prove that the complainant was ever in the arrears of Rs.21151.32 against the temporary electric connection, as such, the complainant is not liable to pay any amount to the OP. On the other hand, by not refunding the security amount to the complainant, despite the fact that he moved application in that regard and also the temporary electric meter was replaced with the permanent electric meter, the OP is deficient in providing service and indulged into unfair trade practice. The complainant is thus held entitled to get refund of security amount of Rs.7000/-.
9.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:-

1. To refund the security amount of Rs.7,000/- to the complainant alongwith interest @6% p.a. from the date when the temporary electric meter in question was removed by the OP.
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 OP is 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:- 10.10.2023