Haryana

Kurukshetra

CC/84/2019

Balbir Kaur - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

In Person

03 Dec 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

 

    Consumer Complaint No.84 of 2019.

    Date of instt.:07.03.2019.               

     Date of Decision:03.12.2019.

 

Smt. Balbir Kaur wife of Shri Kewal Singh, r/o D.D. Colony, Kheri Markanda.

                                                                        …….Complainant.                                          

                                                                                   Versus

 

1. The Chairman/managing Director, UHBVN, Shakti Bhawan, Sector-6, Panchkula (Haryana).
2. SDO, UHBVN, Sub-Division No.2, Kali Kamli, near Zimkhana Club, Sector-8, Kurukshetra.

                ….…Opposite parties.

 

Complaint under Section 12 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                                                 

Present:     Complainant in person.

Shri S.C. Saini, Advocate for the opposite parties.

           

ORDER

 

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Smt. Balbir Kaur against UHBVN and other, the opposite parties.

2.             The brief facts of the complaint are that the complainant is consumer of electric energy bearing Account No.1669670000. Her  electric consumption bill from 02.11.2016 to 01.01.2017 was Rs.2199/-, which was deposited by her on 13.02.2017 after getting its correction from the department. That on 27.09.2018, the concerned department sent the bill for 123 units as Rs.10,180/- and after that, the complainant complained to the concerned officer that after getting correction, the electric department had issued wrong bill and action should be taken against the defaulting officer. On 02.5.2017, she got installed A Grid Solar Power Plant of 3 Kilowatt for her domestic need and after using the same, 2500 units are remaining/balancing against the UHBVN department since 02.5.2017. That after filing the complaint, she was orally stated that her bill was fixed Rs.3,900/-, but after consumption of electric energy by her, the department showed an amount of Rs.10,450/- in her account which is totally wrong. The OP department did not correct her electric bill till date. She visited the OPs office several times and gave intimation to them verbally as well as in written regarding correction of said bill and to refund the amount of 2377 units (2500-123), but they lingered on the matter on one pretext or the other. By not correcting her electric bill, the OPs are deficient in services. Hence, this complaint.

3.             Upon notice, the opposite parties appeared and filed written statement raising preliminary objections regarding maintainability; locus-standi; cause of action and jurisdiction. It is stated that the complainant has not come to this Hon’ble Court with clean hands and concealed the true and material facts from this Hon’ble Court. The true and material facts as per record, a bill dated 19.9.2018 of account No.1659670000 received for wrongly consumption units and thereafter, bill was set right and as per meter, amount of Rs.7100/- was adjusted in new bill vide SCHAR No.67/36/327 dated 19.9.2018. The present complaint filed by the complainant is totally false and frivolous and is liable to be dismissed with heavy costs.

4.             The complainant tendered affidavit Ex.CW1/A alongwith documents Annexure A to Annexure E in her evidence. On the other hand, the OPs tendered affidavit Ex.RW1/A alongwith documents Ex.R-1 & Ex.R-2 in their evidence.

5.             However, at the time of arguments, the complainant has made a statement to the effect that the UHBVN deptt. sent a wrong bill of Rs.10,208/- and she was approaching the OPs to rectify the same since last one year, but the OPs did nothing. In this regard, on 18.7.2018, she made a complaint to higher officer of OPs deptt., which is Annexure C3. Due to non-depositing of bill, the OPs deptt. came to disconnect her electricity connection, accordingly, she filed the present complaint. After filing the present complaint, the OPs deptt. had deducted Rs.7100/- in the bill and asked her to deposit Rs.3200/-. The OPs deptt. compelled her to deposit the said amount of Rs.3200/- and came to disconnect her electricity connection. The complainant brought this to the notice of this Forum, upon which, this Forum has issued stay order on 18.4.2019. Now her bill made -91/-. The OPs deptt. deliberately and intentionally mentally harassed her, so she got compensation of Rs.50,000/- from the OPs. Heard.

6.             Keeping in view the facts and circumstances of the case, we found that the OPs resolved the grievance of the complainant by correcting/rectifying her electricity account, after filing of the present complaint by the complainant, therefore, the OPs is deficient. As such, certainly the complainant is entitled to get compensation on account of

 

mental agony and physical harassment suffered by her.

7.             In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs to pay Rs.3,000/- to the complainant as compensation on account of mental agony and physical harassment suffered by her. The OPs are further directed to comply with the aforesaid direction jointly and severally within the period of 15 days from the date of preparation of certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum from the date of order till actual payment and the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. 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, after due compliance.

Announced in open Forum:

Dt.:03.12.2019.                                                   (Neelam Kashyap)

                                                                        President.

 

 

(Issam Singh Sagwal),         (Neelam)       

Member                             Member.