Haryana

Kurukshetra

CC/65/2021

Sandeep Madan S/o C.B.Madan - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

B.R.Bharti

07 Jan 2022

ORDER

BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL COMMISSION  KURUKSHETRA.

 

                                 Complaint no.65 of 2021

                                         Date of instt.  01.03.2021

                                         Date of decision:07.01.2022

 

Sandeep Madan, Advocate aged 43 years,  son of late Sh.C.B.Madan, Advocate, chamaber No.53 (old) District Courts, Kurukshetra.

                                                                                                                                                                 ……….Complainant.     

                        Versus

1.U.H.B.V.N.L  through its Managing Director,  plot No.C-16, Vidyut  Sadan Sector 6, Urban Estate,  Panchkula.

2. Executive Engineer, “OP” Division, UHBVNL, Sector 8, Urban Estate, Kurukshetra.

3. SDO, “OP” Sub Division No.2, UHBVNL, Sector -8, Urban Estate, Kurukshetra.

..………Opposite parties.

 

                   Complaint under section 35 of Consumer Protection Act.

 

                                                            

Before               Smt. Neelam President.    

                         Smt. Neelam, Member,

                         Sh.Isham Singh Sagwal, Member,

                       

Present   :          Sh. B.R.Bharti , Adv. for complainant.

    Sh. Vineet Bajaj, Adv. for OPs. 

 

                               

ORDER

 

                                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Sandeep Madan  against UHBVN Limited and others- the opposite parties.

 

2.             It is stated in the complaint that the complainant  is using electricity supply for his chamber in the court complex, Kurukshetra vide electricity new A/c No.9180290000  (NDS) (old No.2141403UTK0101135) (K No.K25TK010135K) having sanctioned load of 2 KW.  It is further submitted that the complainant had made the payment of all the electricity bills issued by the OP No.3 upto May 2014 vide receipt No.173 dated 2.6.2014 for Rs.413/- It is submitted that the bill No.133 dated 19.3.2014 was issued by the OP No.3 for the period 1.1.2014 to 1.3.2014 showing the consumption of 28 units ( New reading 878  units and old reading  was 850 units) and in the said bill the status of the meter was shown to be “OK”. Similarly, the complainant received the bill upto the month of May 2014 with 21 units consumption. Thus, the bills were issued on minimum basis as there was less consumption. It is further submitted that  the old chambers of the Advocates including the chamber no.79 of the complainant was going to be demolished in the year 2014 by the District Administration, so during the said process of demolishing the chambers the complainant occupied the another chamber no.53 in the old bar  Complex in the District  Courts, Kurukshetra.  It is further  submitted that the complainant in order to use the electricity supply in his new chamber no.53, submitted a request application to OP No.3  for shifting of electricity meter Account NO. 9180290000 from Chamber No.79  to chamber no.53 and  on the order of the OP No.3,  he deposited Rs.200/- vide receipt dated 5.3.2014 on account of shifting charges. The OP No.3 vide job service order No. 72/60 dated 5.3.2014, shifted the said electricity meter in the chamber no.53. The OP No.3raised inflated/incorrect bills for the month of July, September and  November 2014 by showing the status of the meter   i.e. meter not at site. The complainant submitted a representation dated 31.12.2014 to the OP No.3 with a request to correct the bill so that the payment of the same may be made.   The OP No.3  get the site verified through his staff on 31.12.2014 and the staff of the Nigam submitted his report as per details given under:

 

                “Chamber no.53, Reading 908, Meter Sr.No.454462, Meter make Bentex, capacity of meter 10-60 AMP. Seal of the meter intact, working OK and further remark that this meter has been shifted from chamber no.79 to chamber No.53.”

 

                It is further submitted that the OP No.3 in July 2014 issued the bill  for 72 units S/Fix ,  then in Sept. 20-14 76 units S/Fix and thereafter till September 2015 issued bills for 300 S/Fix units.  The Op No.3 raised the electricity bill for the period 1.9.2015 to 1.3.2016 for 895 units showing the old reading 1020 units and new  reading 1106 units and showing the consumption as 88 units for Rs.19,494/- .Similarly the OP No.3 raised the electricity bill for the period 1.3.2016 to 1.5.2016 for 300 units showing the old reading 1108 units and new reading blank for the total Rs.22,393/-. Then the OP No.3 from May  2016 till 1.09.2017 issued the bills from 300 units to 423 units.   In the said bills the old meter reading is shown as Zero and the new reading is shown as  blank.  The OP No.3 raised the bill for the period 26.11.2017 to 24.01.2018 for 290 units billed units showing the old reading  “0”  and new reading 5183 units and showing the consumption units as 5183 for Rs.55398/-. Likewise, for the period 24.1.2018 to 27.3.2018 for 305 units showing the old reading 3183 units and new reading blank for Rs.59122/-. The Op No.3 further raised the electricity bill for the period 27.3.2018 to 13.5.2018   for 1183 units  for Rs.60,876/-. The OP No.3 further raised the bill for the period 13.5.2018 to 20.7.2018 for 335 units billed units, showing the old reading 1183 and new reading 1197 units and showing the consumption units as 14 for total Rs.66,523/-. Similarly, the OP No.3 raised the b ill for the period 20.07.2018 to 8.9.2018  for 246 units.  Likewise the Ops issued various wrong bills and in the last the OP No.3 issued the bill for the period 23.5.2019 to 25.7.2019 showing billed units 310.37 for Rs.92,610/-. The complainant visited the office of OP No.3 and requested them to correct the bill and the OP No.3 advised to deposit  Rs.12000/-  which were duly deposited by the complainant vide receipt dated 30.8.2019. The meter has already been installed on the pole. In the mean time the OP No.3 raised the bill for the period 25.7.2019 to 6.09.2019 for 211.77 units on average basis. During this process the complainant  approached the Ops after getting the news that there is scheme for  such bills but the Ops refused and stated that his case does not fall under the said scheme.  Thereafter new meter was installed  and the bill dated 14.01.2020 was issued for Rs.453/-  whereas the old arrears/outstanding dues was shown as Rs.93353/-.  The OP No.3 has not yet corrected the bill of the complainant. It is further submitted that the bill dated 9.01.2021 for Rs.1,15,005/-  has been issued for the month of 12.01.2020  to 9.01.2021 whereas the current bill is Rs.408/- .  The  complainant gave representation dated 9.3.2020 to the OP No.3 in which he clearly narrated the electricity meter has already been installed on the pole which is very much in the knowledge of the Nigam and as such the Nigam is negligent in issuing wrong bills which amounts to deficiency in services on the part of the Ops. Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the Ops and prayed that the Ops be directed not to disconnect the connection of the complainant and be also restrained from recovering the arrears, dues or any interest on the previous dues which have been  illegally added in the bill dated 9.01.2021  for Rs.1,18,427/- , to correct the address of the complainant  and Nigam be also directed to charge the bills as per actual consumption alongwith compensation for the mental harassment caused to the complainant.

 

3.             Upon notice, Ops appeared and filed written statement disputing the claim of the complainant. It is submitted that the Ops prepared the bills as per rules and instructions of the Nigam. The arrears and surcharges includes in the bill are quite correct because the complainant failed to pay the arrear and surcharge levied time to time since 2014, Hence, the complainant cannot say that the bills are illegal. Moreover, the complaint filed by the complainant and relief sought in the same is barred by law of limitation etc. It is submitted that no representation was ever received by the Ops from the complainant. Deposit of amount as stated by the complainant is stated to be a matter of record. While denying the other allegations, it is submitted that there is no deficiency in services on the part of the Ops and took the preliminary objections regarding limitation, maintainability, cause of action and locus standi and  that of suppression of true and material facts and prayed for dismissal of the present complaint.

 

4.             The complainant in support of his case has filed affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-39 and closed his evidence.

 

5.             On the other hand, Ops in support of their claim have filed affidavit Ex.RW1/A and tendered document Ex.R-1 and closed their evidence.

 

6.             We have heard the learned counsel for the parties and gone through the record available on the case file.

 

7.             The learned counsel for the complainant while reiterating the averments made in the complaint has argued that complainant  is using electricity supply for his chamber vide electricity new A/c No.9180290000  (NDS) (old No.2141403UTK0101135) (K No.K25TK010135K) having sanctioned load of 2 KW.  It is further submitted that the complainant had made the payment of all the electricity bills issued by the OP No.3 upto May 2014 vide receipt No.173 dated 2.6.2014 for Rs.413/- It is argued that the bill No.133 dated 19.3.2014 was issued by the OP No.3 for the period 1.1.2014 to 1.3.2014 showing the consumption of 28 units ( New reading 878  units and old reading  was 850 units) and in the said bill the status of the meter was shown to be “OK”. Similarly, the complainant received the bill upto the month of May 2014 with 21 units consumption. Thus, the bills were issued on minimum basis as there was less consumption. It is further argued  that  the old chambers of the Advocates including the chamber n o.79 of the complainant was going to be demolished in the year 2014 by the District Administration, so during the said process of demolishing the chambers the complainant occupied the another chamber no.53 in the old bar  Complex in the District  Courts, Kurukshetra.  It is further  argued that the complainant in order to use the electricity supply in his new chamber no.53, submitted a request application to OP No.3  for shifting of electricity meter Account NO. 9180290000 from Chamber No.79  to chamber no.53 and  on the order of the OP No.3,  he deposited Rs.200/- vide receipt dated 5.3.2014 on account of shifting charges. The OP No.3 vide job service order No. 72/60 dated 5.3.2014, shifted the said electricity meter in the chamber no.53. The OP No.3raised inflated/incorrect bills for the month of July, September and  November 2014 by showing the status of the meter   i.e. meter not at site. The complainant submitted a representation dated 31.12.2014 to the OP No.3 with a request to correct the bill so that the payment of the same may be made.   It is also argued that the OP No.3  get the site verified through his staff on 31.12.2014 and the staff of the Nigam submitted his report as per details given under:

 

                “Chamber no.53, Reading 908, Meter Sr.No.454462, Meter make Bentex, capacity of meter 10-60 AMP. Seal of the meter intact, working OK and further remark that this meter has been shifted from chamber no.79 to chamber No.53.”

 

                It is further argued  that the OP No.3 in July 2014 issued the bill for 72 units S/Fix ,  then in Sept. 20-14 76 units S/Fix and thereafter till September 2015 issued bills for 300 S/Fix units.  The Op No.3 raised the electricity bill for the period 1.9.2015 to 1.3.2016 for 895 units showing the old reading 1020 units and new  reading 1106 units and showing the consumption as 88 units for Rs.19,494/- .Similarly the OP No.3 raised the electricity bill for the period 1.3.2016 to 1.5.2016 for 300 units showing the old reading 1108 units and new reading blank for the total Rs.22,393/-. Then the OP No.3 from May  2016 till 1.09.2017 issued the bills from 300 units to 423 units.   In the said bills the old meter reading is shown as Zero and the new reading is shown as  blank.  The OP No.3 raised the bill for the period 26.11.2017 to 24.01.2018 for 290 units billed units showing the old reading  “0”  and new reading 5183 units and showing the consumption units as 5183 for Rs.44398/-. Likewise, for the period 24.1.2018 to 27.3.2018 for 305 units showing the old reading 3183 units and new reading blank for Rs.59122/-. The Op No.3 further raised the electricity bill for the period 27.3.2018 to 13.5.2018   for 1183 units  for Rs.60,876/-. The OP No.3 further raised the bill for the period 13.5.2018 to 20.7.2018 for 335 units billed units, showing the old reading 1183 and new reading 1197 units and showing the consumption units as 14 for total Rs.66,523/-. Similarly, the OP No.3 raised the b ill for the period 20.07.2018 to 8.9.2018  for 246 units.  Likewise the Ops issued various wrong bills and in the last the OP No.3 issued the bill for the period 23.5.2019 to 25.7.2019 showing billed units 310.37 for Rs.92,610/-. The complainant visited the office of OP No.3 and requested them to correct the bill and the OP No.3 advised to deposit  Rs.12000/-  which were duly deposited by the complainant vide receipt dated 30.8.2019. The meter has already been installed on the pole. In the mean time the OP No.3 raised the bill for the period 25.7.2019 to 6.09.2019 for 211.77 units on average basis. During this process the complainant  approached the Ops after getting the news that there is scheme for  such bills but the Ops refused and stated that his case does not fall under the said scheme.  Thereafter new meter was installed  the bill dated 14.01.2020 was issued for Rs.453/-  whereas the old arrears/outstanding dues was shown as Rs.93353/-.  The OP No.3 has not yet corrected the bill of the complainant. It is further  argued that the bill dated 9.01.2021 for Rs.1,15,005/-  has been issued for the month of 12.01.2020  to 9.01.2021 whereas the current bill is Rs.408/- .  The  complainant gave representation dated 9.3.2020 to the OP No.3 in which he clearly narrated the electricity meter has already been installed on the pole which is very much in the knowledge of the Nigam and as such the Nigam is negligent in issuing wrong bills which amounts to deficiency in services on the part of the Ops. Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the Ops and prayed that the Ops be directed not to disconnect the connection of the complainant and be also restrained from recovering the arrears, dues or any interest on the previous dues which have been  illegally added in the bill dated 9.01.2021  for Rs.1,18,427/- , to correct the address of the complainant  and Nigam be also directed to charge the bills as per actual consumption alongwith compensation for the mental harassment caused to the complainant.

 

8.             On  the other hand, learned counsel for the Ops while reiterating the submissions made in the written statement has argued that that the Ops prepared the bills as per rules and instructions of the Nigam. The arrears and surcharges includes in the bill are quite correct because the complainant failed to pay the arrear and surcharge levied time to time since 2014, Hence, the complainant cannot say that the bills are illegal. Moreover, the complaint filed by the complainant and relief sought in the same is barred by law of limitation etc. It is submitted that no representation was ever received by the Ops from the complainant. Deposit of amount as stated by the complainant is stated to be a matter of record. Thus, it is further argued  that there is no deficiency in services on the part of the Ops and prayed that the present complaint may kindly be dismissed.

 

9.             After hearing the learned counsel for the parties, we are of the view that wrong bills have been sent by the Ops to the complainant and the said bills are required to be rectified by the Ops. Several bills  have been sent without showing consumption of units or showing the consumption of units on higher side. The complainant has also submitted a representation dated 31.12,2014 to the Ops but nothing has been done by the Ops.  Bills  from May 2014 to November 2019 have been sent  on average basis which requires to be rectified. Therefore, for not rectifying the wrong and illegal bills, there is deficiency in services on the part of the Ops and hence, we accept the present complaint and grant the relief to the complainant as under:

                 

  i)                That all the bills for the period from May 2014 to November 2019 raised on average basis i.e. for 300 units   are hereby set aside and the arrears of Rs.93353.21 shown in the bill No.918023608150 dated 14.01.2020  (Ex.C-27) is hereby set  aside and all surcharge interest levied on this amount is hereby waived/cancelled by calculating the previous bills on MMC basis as per instruction No.5.2 sales manual of the Nigam ( Ex.C-39). OPs are further directed to issue the current bills after the change of the meter either on actual consumption or by taking the MMC as per provisions laid down in Sales Instruction No.5.2 of Sales annuals of the4 Nigam Sr.N V i.e. Monthly Minimum Charges ( Ex.C-39) by adjusting Rs.12000/- already deposited vide receipt dated 30.08.2019 (Ex.C-37).

 

ii)              The Ops shall pay a compensation of Rs.5,000/- in lump sum for the mental harassment and agony to the complainant and for the litigation expenses.

 

Iii)            The Ops are further directed to make the compliance of this order within a period of 30 days from the date of this order, failing which the complainant shall be at liberty to initiate proceedings u/s 71 of the Consumer Protection Act. Certified copy of this order be supplied to the parties concerned as per rules and the file be consigned to the record room after due compliance.

 

Announced in the open Commission.

Dated: 07.01.2022.                                              President.

 

                        Member             Member.