Haryana

Karnal

CC/90/2021

Janak Singh - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

Pardeep Rana

12 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.90 of 2021

                                                        Date of instt. 11.02.2021

                                                        Date of Decision:12.05.2023

 

Janak Singh son of Shri Satpal Singh, house no.85, Gali no.2, Gandhi Nagr, Karnal, District Karnal.

                                                                        …….Complainant.

                                              Versus

 

UHBVNL through its SDO ‘OP’ Sub Division, UHBVNL, Ram Nagar, Karnal.

                                                                      …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before      Shri Jaswant Singh……President

                Shri Vinneet Kaushi……Member

                Dr. Rekha Chaudhary…….Member

                   

Argued by: Shri Parshant Pahwa, counsel for complainant

                   Shri Karan Singh, counsel for the OP.

 

                  (JASWANT SINGH, PRESIDENT)

ORDER: 

       

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant is a retired from Government service and surviving his family with his pension. The complainant is having two residential houses in Gali no.2, Gandhi Nagar, Karnal and both houses were having separate electricity domestic connections account no.0797418074 and 8741810000, which were released by the OP in the name of complainant and complainant also paid all the bills issued to him as per consumption time to time. But on 12.05.2017, some official of OP came at the house of complainant in the absence of complainant and said that they were doing the normal checking for replaced the old meters with new energy meters of domestic connections account no.0797418074 and a normal checking report will be prepared for replaced the meter. At the site, the son of complainant present there and official of the OP had taken the signature of his son on some blank paper and removed the meter from site with telling that new meter will be installed very soon but the meter of complainant is not installed till today. When the meter of complainant was not installed after lapse of many days of domestic connections and complainant felt uncomfortable due to electricity supply, the complainant visited the office of OP on 26.05.2017 for knew about the installation of new meter in replacement of removal of old meter and restore his electricity supply disconnected since 12.05.2017. In the starting SDO, JE & Commercial Assistant linger on the matter on one pretext or the other and lastly told that complainant premises has been checked officials of OP on 12.05.2017 and found theft. The complainant was surprised to know about the theft, because complainant is disciplined person and immediately demand the copy of checking report and notices from the OP, despite repeated requests copy of checking report dated 26.05.2017 was supplied to complainant wherein it is clearly mentioned that supply disconnected and meter was removed. The reading of removed meter R-1707, sr. no.6133692, capacity 10-60A is also mentioned on the checking report. After receiving the checking report and amount of notices written only on a simple paper slip of Rs.67311/- and Rs.8000/- to complainant, immediately complainant deposited both the amounts on the same day without further delay, the complainant have deposited Rs.67311/- and Rs.8000/- in the office of OP, vide receipt dated 26.05.2017. After deposition of the said amount, the official of the OP did not bother to restore the connection of complainant and transferred the meter one to another and lastly complainant bound to purchase an old generator set and invertors for fulfill the requirement of his electricity for his premises where the supply was disconnected by the OP on 12.05.2017. After removing the meter, the OP has not stopped the billing of domestic connection of complainant bearing no.0797418074 and a bill was received from the OP for period 14.04.2017 to 15.06.2017, for consumption minus 1655 units consumed, unit billed 131, average basis, when the complainant see the bill and was surprised to see the bill for amounted Rs.2565/- only for period 14.04.2017 to 15.06.2017 even the meter of complainant was removed on 12.05.2017. Complainant approached the OP and asked about the said bill then official of the OP told that his bill has been wrongly issued and pay the bill and same will be adjusted after restoration of new mater. Then complainant deposited the said amount on 03.08.2017. But official of the OP failed to fulfill their verbal promises and again and again sending the average bills to complainant in month 9/2017 for an amount of Rs.4369/-, in the month 11/2017 for amount of Rs.7918/-, in the month 3/2018 for amount of Rs.14923/- in the month 7/2018 for amount of Rs.7816/- due dated 30.07.2018, in the month 9/2018 for amount of Rs.4185/- and in the month 9/2020 for amount of Rs.37863/- without having meter at site of billing of domestic connections account no.0797418074.

2.             It is further averred that again on 27.03.2018, the official of the OP came at premises of complainant in the premises of complainant and started to disconnect the supply of complainant other house domestic connection no.8741810000, which bills are regularly paying by complainant but the official of the OP were annoyed, biased from the complainant without any reason and threatened to complainant’s children and given them threat of lodged the FIR against them. Then family member of complainant deposited Rs.14923/- on the same day, because the electricity is a basic necessity. On 30.07.2018, the official of the OP came at the premises of complainant in the absence of complainant and repeated the same episode then again family members deposited Rs.7816/- on the same day of account no.0797418074. After that complainant repeatedly given the applications to the official of the OP, but in vain, the official of OP i.e. SDO, JE, CA, Ledger Clerk etc. Have not stopped the bill of account no. 0797418074 and again send the bill of disconnected connection for Rs.7042/- and the said amount was also deposited on 29.01.2019. Thereafter, again in the month of 9/2020, OP again issued the bill of account no. 0797418074 for Rs.37863/-. The complainant has given many complaints to the OP to get the supply restore with new meter and refunded the amount deposited from complainant illegally and forcefully but OP did not pay any heed to the request of complainant. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version, raising preliminary objections with regard to maintainability; cause of action; locus standi and concealment of true and material facts. On merits, it is pleaded that the meter of complainant was removed as he was found committing theft of energy at the time of checking. After the deposited of the penalty amount and compounding fee amount, the electricity connection of complainant was restored by the OP, vide SJO no.11/8276 dated 26.05.2017 and after that he has been using the electricity from said connection but has not been regularly paying the electricity bills and in order to grab the outstanding amount he has hidden the meter from the side. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of application to SDO Ex.C1, photograph of generator Ex.C2, photograph of inverter Ex.C3, copy of payment receipt Ex.C4, copy of LLI Ex.C5, copies of electricity bills Ex.C6 to Ex.C12 and closed the evidence on 14.01.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Aditi Rana, SDO Ex.OP1/A, copy of SJO order no.11/8276 dated 26.05.2017 Ex.OP1, copy of calculation sheet Ex.OP2, copy of bill account no. 0797418074 dated 29.04.2021 Ex.OP3, copy of ledger Ex.OP4, copy of bill account no. 8741810000 dated 08.04.2021 Ex.OP5, copy of ledger Ex.OP6 and closed the evidence on 27.09.2022 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant is having two residential houses and both houses were having separate electricity domestic connections. On 12.05.2017, the connection no.0797418074 was disconnected by the OP on the assurance for installing the new meter but no meter was installed till today. Complainant has already deposited the penalty and compounding fee illegally imposed by the OP but despite that OP has not installed a new meter and continuously sending the electricity bills, which is totally illegal and arbitrary and unjustified and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that the meter of complainant was removed as he was found committing theft of energy at the time of checking. After the deposited of the penalty amount and compounding fee amount, the electricity connection of complainant was restored by the OP, vide SJO no.11/8276 dated 26.05.2017 and after that he has been using the electricity from said connection but has not been paying the electricity bills regularly and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of both the parties.

10.           Admittedly, complainant is having two residential house and both houses were having separate electricity domestic connections bearing no. 0797418074 and 8741810000. It is also admitted that on 12.05.2017 the meter connection no. 0797418074 was disconnected by the OP.

11.           As per version of the complainant, till date neither new meter is installed nor electricity supply has been restored by the OP. On the other hand as per version of the OP, supply of the complainant has been restored by the OP, vide no.11/8276 dated 26.05.2017 and after that complainant is using the electricity from the said connection but has not been regularly paying the electricity bill and in order to grab the outstanding amount complainant has hide the meter from the side.

12.           The onus to prove its version was relied upon the OP, but OP has miserably failed to prove the same by leading any cogent and convincing evidence.  If the complainant had hidden the meter from the site, OP should have lodged the criminal case against the complainant.

14.           The complainant had moved an application for appointment of the Local Commissioner and same has been allowed in the presence of the parties. Shri Ajay Singh Advocate appointed as Local Commissioner, who had visited the site and prepared his report. As per his report, there was no electric meter installed in the house of the complainant at present. Complainant is using the electricity through solar system. The said report is also supported by the site photographs. Thus, it has been proved from the report of Local Commissioner report that there is no electricity meter at the spot and OP is sending the electricity bills without supplying the electricity to the complainant, which is totally illegal, arbitrarily and unjustified. Hence the act of the OP amounts to deficiency in service and unfair trade practice.

14.                 Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to install the new meter and not to charge any outstanding dues, if any from the complainant and issued the subsequent bills regularly. We further direct the OP to pay Rs.10,000/- to the complainant on account of mental agony and harassment suffered by him and Rs.5500/- for the litigation expenses. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:11.05.2023     

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

 

(Vineet Kaushik)        Dr. Rekha Chaudhary)

                     Member                        Member