Haryana

Ambala

CC/277/2020

Lala Ram - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

In Person

06 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case no.         :    277 of 2020.

                                                          Date of Institution           :     13.11.2020.

                                                          Date of decision     :     06.06.2022.

 

Lala Ram son of Ajmer Singh, resident of Village Baktowa, Tehsil- Naraingarh District Ambala (Haryana).

                                                                             ……. Complainant.

                                      Versus

1. Utter Haryana Bijli Vitran Nigam Ltd., (UHBVN) through SDO, OP, Sub Division Naraingarh, District Ambala (Haryana).
2. Utter Haryana Bijli Vitran Nigam Limited, (UHBVN) through Superintendent Engineer, Operation Circle, Yamuna Nagar (Haryana).
3. Utter Haryana Bijli Vitran Nigam Limited (UHBVN) through the Chief Engineer (OP) Shakti Bhawan- Sector-6, Panchkula (Haryana).

 

                                                                ….…. Opposite Parties.

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Complainant in person.

Shri Sachin Goel, Advocate, counsel for the OPs.

 

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 Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To allow the complainant to pay the charges for the consumption of electricity, as per the bill issued by the OP No.1, before June 2020 and not to disconnect the electricity connection of the complainant, till the decision of the case.
2. To pay Rs.20,000/- as compensation for the mental agony and physical harassment caused to the complainant.
3. To pay the costs of the litigation.

              OR

Any other relief which this Hon’ble Commission may deem fit.

                                    

2.           The brief facts of the case are that the complainant is holding a BPL card and he had taken an electricity connection bearing account No.Y11KR122634L, of D S category, at his premises, with a sanctioned load of 1 KW, phase, Tariff Type-DS, from the OPs. Complainant was regularly paying the electricity charges, as per the bills issued by the OPs. Before June 2018, the Electric Meter was running properly and he was paying the bill amount as per consumption of the units of electricity, but in the month of July, 2018, it was found that the meter was running fast. In the month of August, 2018, complainant filed an application, for checking of the meter and paid checking fees of Rs.200/-, to the OP No.1. After checking the meter, OP No.1 told him that meter is not functioning properly and running fast and same will be sent to the Lab for checking, but no action was taken by it up-till March 2020. However, after repeated requests on 02.03.2020, the above said meter was removed and sent to the lab for checking. The OPs instead of providing him the checking report of the M& T Lab, in the Month of September, 2020, had issued the electricity bill dated 28.09.2020 of Rs.59,315/-. By doing so, the OPs have committed deficiency in service. Hence, the present complaint.

3.           Upon notice, OPs appeared and filed written version and raised preliminary objections with regard to maintainability and jurisdiction etc. On merits, it is stated that electricity meter (DS) bearing account No.Y11KR122634L, installed in the premises of the complainant situated at Village Baktowa, Tehsil Naraingarh District Ambala. On receiving the complaint from the complainant, his premises was checked in his presence by the checking team on 02.03.2020, LL-1 checking Report bearing No.10/1119 was prepared, Shri Lala Ram marked his thump impression on the checking report and received the copy of report. The following observations are marked in the report:-

i) In compliance to SJO No.0151432 against which check meter was installed at the premises on 12.01.2019, having following detail S.No.109921 make GENIS capacity 1x10-60A Reading-000000kwh.

ii) The detail of old meter is S.No.8228349, make-Landis Cap-1x10=60 amp. R-7577 kwh.

iii) Now the reading of old meter is 000159, so the meter packed in card board box & may be referred to M& T Lab. For the accuracy as well as internal examination and verify gen of seals.

iv) supply of the premises is restored through check meter installed on 12.01.2019, on the same premises.

After receiving the M&T Lab report the account of the complainant was overhauled and bill dated 28.09.2020, of Rs.59,315/- was issued to him but he did not make the payment of the electricity charges. Rest of the allegations levelled by the complainant were denied and prayer has been made for dismissal of the present complaint filed by the complainant against them with special costs.

4.           Complainant tendered his affidavit as Annexure CA along with documents Annexure C-1 to C-4 and closed the evidence of the complainant. On the other hand, learned counsel for the OPs tendered affidavit of Shri Harvinder Singh posted as LDC, Operation Sub Division, UHBVN, Naraingarh, District Ambala as Annexure OP/A alongwith documents Annexure OP-1 to OP-6 and closed the evidence on behalf of OPs.

5.                   We have heard the complainant and learned counsel for the OPs and have also gone through the record of the case very carefully.

6.                  Admittedly, OPs issued a domestic electric connection bearing account No.Y11KR122634L, in favour of the complainant. It is also admitted fact that complainant filed an application for the checking of the meter, by the M& T Lab. From the checking report dated 18.03.2020, of the M& T Lab, Annexure OP-3, it is evident that the meter in question was found defective. The learned counsel for the OPs has submitted that after receiving the checking report from the M& T lab, the OPs overhauled the account of the complainant and issued the bill dated 28.09.2020, for Rs.59,315/-. However, the OPs did not disclose how and on what basis they have overhauled the account of the complainant and issued the bill dated 28.09.2020, for consumption of 943 units, for the period from 04.07.2020 to 04.09.2020 for Rs.59,315/-. It may be stated here that in the Sales Circular No.61/2013 issued on dated 18.12.2013 by The Chief General Manager/Commercial, UHBVN, Panchkula, it is mentioned that in case the domestic electricity meter is found defective, sticky, dead stop, burnt, faulty or inoperative, premises locked, the electricity bill be prepared in the following manner:-

1. On the basis of the consumption recorded during the corresponding period of the previous year when the meter was functional and recording correctly.
2. In case the same is not available, then on the basis of average consumption of the past six months immediately preceding the date of the meter being found/reported defective.
3. If period of installation of meter is less than six months, then the consumer shall be billed on the basis of average consumption of the period from the date of installation of the meter to the date of the meter being found/reported defective.
4. In case no previous correct consumption date is available, owing to new connection or otherwise, the consumer shall be billed (provisionally) for the units as mentioned in the table below.

7.                In rebuttal to the said Sales Circular No.61/2013, nothing has been produced by the OPs. Even otherwise it is not the case of the OPs that the record/data of the consumption of the electricity for the same months of the preceding year is not available with them. In the case of Jagdeep Rana Vs. UHBVNL decided on 26.03.2018, wherein the Hon’ble State Commission, Haryana has held that in case the domestic electric meter is found defective, the electricity bill be prepared as per instruction given in the Sales Circular No.61/2013.  Taking all the facts and circumstances into consideration and the law laid down by the Hon’ble State Commission in the case referred to above, we are of the view that the OPs shall withdraw the bill dated 28.09.2020 and issue a fresh bill for the period from 04.07.2020 to 04.09.2020, as per clause No.1 (a) of the Sales Circular No.61/2013, without charging any surcharge, penalty etc., on account of non-payment of the above-mentioned bill.

8.                In view of the aforesaid discussions, we allow the present complaint and direct the OPs to withdraw the bill dated 28.09.2020 and issue a fresh bill for the period from 04.07.2020 to 04.09.2020, as per Clause 1(a) of the Sales Circular No.61/2013, without charging any surcharge, penalty etc. and to pay Rs.3,000/-, as compensation for the mental agony and physical harassment suffered by the complainant and Rs.2,000/-, as litigation expenses, to the complainant, within the period of 45 days, from the date of receipt of the certified copy of this order. However, OPs are at liberty to deduct the amount of pending bill(s) from the awarded amount. Certified copy of the order be supplied to the parties, forthwith, free of costs, as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :06.06.2022.

 

 

 

          (Vinod Kumar Sharma)        (Ruby Sharma)                   (Neena Sandhu)

              Member                             Member                            President