Haryana

Ambala

CC/109/2022

Shilla Devi - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

In Person

10 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	109 of 2022
Date of Institution	:	05.04.2022
Date of decision	:	10.10.2023

 

Shilla Devi W/O Naresh Kumar, Resident of House No-376, Manmohan Nagar, Ambala City, Distt Ambala, (Haryana).

……. Complainant

                                                Versus

1. UTTER Haryana Bijli Vitran Nigam Ltd, (UHBVN) through SDO, OP, Sub Division-A-33 WEST, Ambala City, Distt-Ambala (HR)
2. UTTER Haryana Bijli Vitran Nigam Ltd, (UHBVN) through Superintendent Engineer, Operation Circle, Ambala City (Haryana)
3. UTTER Haryana Bijli Vitran Nigam Ltd, (UHBVN) through The Chief Engineer (OP) Shakti Bhawan-Sector-6,Panchkulla (Haryana)

….….  Opposite Parties

Before:        Smt. Neena Sandhu, President.

                    Smt. Ruby Sharma, Member.         

 

Present:-     Complainant in person alongwith his counsel Shri Sourabh Ahuja,  Advocate.

                   Shri Virender Singh Nagla, 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. Not to recover the illegally raised electricity bill for the month of April 2021, of Rs.40,461/- and surcharge raised on the same arbitrarily and illegally and to issue the bill for the actual unit consumed, in installments.  
2. To connect the electric connection immediately.
3. To pay cost of litigation.

OR

Grant any other directions which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant obtained electricity connection of DS category bearing A/C No-4839620000 at the address mentioned in the headnote of the complaint, with a sanctioned load of 1 KW, Phase, Tariff Type-DS.  Before Jan 2019 the electric meter bearing Account No- 2112401USU154684 was running properly and the complainant was paying the bill as per consumption. In the month of April 2021 the complainant received Bill No-483963513054 dated 17-04-2021 for Rs.40461/-. Due to heavy amount, the complainant could not deposit the same in time as she is a poor lady and living as BPL Family. Husband of the complainant remains sick and out of her four daughters two are blind and one is handicapped. The complainant requested the OPs to check her bill as per actual consumption but to no avail. On 23 Mar 2021 the electricity connection of the complainant has been disconnected by the OPs without redressing her grievance.  Hence, the present complaint.
3.           Upon notice, OPs appeared and filed written version and raised preliminary objections to the effect that maintainability, not come with clean hands and suppressed the true and material facts etc. On merits, it has been stated that the OPs have never shirked to perform their duties. The complainant is a bad pay master. She paid the last electricity bill on 1.1.2019 for an amount of Rs.500/- and thereafter failed to pay any amount towards consumption of electricity in her premises. The OPs have properly maintained the records of the complainant and as per PDCO as well as record of the OPs, presently the complainant is liable to pay an amount of Rs.1,09,775/- in case she wants restoration of electricity supply.  The OPs had given so many opportunities to the complainant to pay the balance electricity charges, but she always avoided to do so. Earlier, the OPs had also given an opportunity to the complainant to settle down the matter as per the Government Scheme and in this regard the OPs also issued a letter/notice to the complainant on 24.1.2021 but she failed to avail the same. Rest of the averments of the complainant were denied by OPs and prayed for dismissal of the present complaint with costs.
4.           Complainant tendered her affidavit as Annexure CW1/A, alongwith documents as Annexure CW-2 to CW-7 and closed the evidence of the complainant. On the other hand, learned counsel for OPs tendered evidence of Joginder Singh, SDO, West (OP) UHBVN, Ambala City as Annexure OP-1/A alongwith documents Annexure OP-1 to OP-59 and closed the evidence on behalf of OPs.
5.           Learned counsel for the complainant submitted that by not rectifying the bill on the basis of actual consumption of the electricity and on the other hand, disconnecting the electricity supply of the said meter, under the garb of illegal demand of Rs.1,09,775/-, the OPs are deficient in providing service and negligent.
6.           On the other hand, learned counsel for the OPs while reiterating the objections taken in the written version submitted that the complainant is a bad pay master. He further submitted that she had paid only the last electricity bill on 1.1.2019 for an amount of Rs.500/- and thereafter failed to pay an amount towards consumption of electricity in her premises. He further submitted that the OPs had given the so many opportunities to the complainant to pay the balance electricity charges, but she always avoided to do so. He further submitted that the OPs had also given the opportunity to the complainant to settle down the matter as per the Government Scheme and in this regard the OPs also issued a letter/notice to the complainant on 24.1.2021 but she failed to avail the same.
7.           It is not in dispute that in the first instance bill dated 17.04.2021, Annexure CW-7, for 934.71 units for an amount of Rs.40461/- which also included arrears/outstanding amount of Rs.35,688/-, followed by bill dated 25.06.2021, Annexure CW-6, for amount of Rs.1,06,682/- were issued by the OPs. However, due to non-payment of the said amount by the complainant,  the electricity connection in question stood disconnected by the OPs. The OPs have also placed on record the entire bills starting from 16.04.2015 to 25.06.2021 Annexure OP-24 to Annexure OP-59 and took a specific plea that the complainant defaulted in making payment of the said bills and on the other hand, has paid only an amount of Rs.500/- till date. It may be stated here that though in the complaint, complainant has stated that she did not pay the bill amount as the same was wrong and illegal, yet, from the contents of  letter dated 04.01.2022, Annexure CW-2 having been written by her to the competent Authority, it is clearly coming out that the reasons for nonpayment of the bill amount has been given by her that she is very poor; on account of ill health of her husband she has no source of income; because of financial constraints, she is unable to pay the electricity bills. In this letter, it has been specifically mentioned by the complainant that she could not pay the electricity bill to the OPs only because of the reason that she is under financial constraints on account of ill health of her husband. Thus, once it has been candidly admitted by the complainant herself that she could not pay the electricity bills on account of financial constraints, as such, now she cannot wriggle out of the same, by twisting the facts in this consumer complaint. Not only as above,  it is also coming out from the record that on account of scheme launched by the government regarding waiver of interest/sundry charges, the complainant vide letter dated 24.11.2021, Annexure C/W-3 was asked by the OPs to take benefit of the said scheme, but she failed to do so. Under these circumstances, we cannot hold the OPs deficient in providing the service, if they have raised the pending bills, referred to above, alongwith interest/sundry charges against the complainant.
8.           In view of the aforesaid discussion, we hereby dismiss the present complaint with no order as to costs. However, considering this fact that the complainant is a poor lady and suffering from financial constraints, she is at liberty to approach the OPs to get restored her electricity connection on payment of bill amount due. We also hope that the OPs will consider the case of the complainant sympathetically, under the aforesaid Govt. Scheme, if feasible.  Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

 

Announced:- 10.10.2023

 

	(Ruby Sharma)	(Neena Sandhu)
	Member	President