Haryana

Ambala

CC/430/2017

Shiv Parsad - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

20 Sep 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

       Complaint Case No. :  430 of 2017

       Date of Institution    :   05.12.2017.

        Date of Decision      :   20.09.2018 

 

Shiv Parshad s/o Sh.Mangat Ram, resident of House No.629/13, Ravi Dass Majri, Near SA Jain School, Ambala City.

 

……Complainant.

Versus

 

1.Uttar Haryana Bijli Vitran Nigam Ltd. (UHBVN) through SDO, A33 West Sub Division, Ghail Road, Ambala City.

2.Uttar Haryana Bijli Vitran Nigam Ltd. (UHBVN) through Superintendent Engineer, Operation Circle, Ambala City.

3.Uttar Haryana Bijli Vitran Nigam Ltd. (UHBVN) through Chief Engineer (OP) Shakti Bhawan Sector 6 Panchkula.

 

……Opposite Parties

 

Complaint Under Section 12 of the Consumer Protection Act

 

CORAM:    SH. D.N. ARORA, PRESIDENT.

                   SH. PUSHPENDER KUMAR, MEMBER.

                                     

Present:       Sh. Vansh Chawla, Adv. for complainant.

                   Sh. Vivek Sachdeva, Adv. counsel for Ops.

 

ORDER

 

 

                   The complainant alleged that he has received a bill dated 12.09.2016 for Rs.1,52,378/- Annexure C1 and complainant approached to the OPs for rectification of bill and same has been rectified by the department and has issued the new bill on 27.10.2016 for amounting to Rs.9493/- Annexure C2 but the complainant has alleged in his complaint even after rectifying the bill the amount of Rs.4354/- is excess amount has been shown in the next bill but on 11.09.2017 OPs has also wrongly shown the bill Rs.40309/- which was arbitrary and without any notice and in this way. The complainant again approached to OPs for collecting the above said bill meanwhile the OPs before due date has disconnected the electricity supply and removed the electricity meter on 07.09.2017 whenever the due date was shown as 14.09.2017 and due to this reason complainant has been deprived to use the electricity as there was no electricity and there was difficult to do daily chores without electricity. The complainant filed this complaint on 07.12.2017 and after hearing this Forum has issued the notice to OPs and thereafter this Forum has passed the order for restoration of the electricity supply of the complainant and on the statement of complainant he is ready to deposit the amount of Rs.963/- because only above said amount is pending against him and his connection be restored. After that Assistant Field Officer O/O Assistant Operation (West) made a statement that they are ready to restore the connection after depositing the amount of Rs.963/-.

2.                          The OPs filed reply and clarify that they have rectified the bill of the complainant which was earlier issued on 12.9.2016 and new bill has been issued for Rs.9493/- and lastly on the request of the complainant the Nigam has also again adjusted the amount Rs.4354/- in the bill dated 30.01.2017 to 14.10.2017 due to computer error and same was rectified. There is no fault on the OPs and due to error in the computer.

3.                          During the pendency of the complaint this Forum has given the direction to the SDO present in the court to sort out the grievance of the complainant and issue the correct bill because complainant again aggrieved from issuance of the bill being illegal during the pendency of complaint. SDO has stated that the electricity account No.K003-4437/ 6626920000 in the name of Shiv Parshad complainant the department will adjust the bill 3340/- which will be effective in the next billing cycle.

4.                          Thereafter, learned counsel for the complainant made a statement that in view of above statement of OP, I am satisfied & there is no grievance leaving as OPs has updated the account of the complainant as per the statement. They had supplied the updated bill today in the court. Photo copy of the same is placed on file as Annexure A. But the OP has harassed the complainant by not issuing the correct bill and may have wrongly removed the meter as there was no fault on the part of complainant. Compensation be granted.

5.                          The main grievance of the complainant for correcting the previous bills and running bill and last new bill has been given to the complainant after necessary rectification and same has been produced in the court and minus bill amounting to Rs.2281/- has been issued to the complainant as Annexure A placed on record but the complainant has stressed that he has been deprived to use the electricity for four months in the summer season. Even then OPs have also rectified the running bill with the intervention of court and complainant has been harassed by not issuing the correct bill and complainant had suffered mental agony and harassment and complainant is entitled for compensation.

                             We have perused the file and as well as the statement of both the parties. It is clear that due to lapse on the part of OPs, they have disconnect the connection of the complainant as per affidavit Annexure CW/1 filed on 7.09.2017 and permanent disconnection order has been issued on 22.11.2017 and meter was removed as admitted by the SDO in her affidavit Annexure RA.  It is also clear from the statement of SDO the running bill has been rectified and revised bill has been given to the complainant in the court. On the basis of above said facts, it is clear that complainant had not committed any fault for payment of any electricity dues but OPs without application of the mind issued the bill dated 12.09.2016 as well as another bill dated 11.09.2017 and lastly the OPs issued the correct bill and supplied to the complainant in the court for showing the minus bill Rs.2281/- which tentamount to deficiency in service on the part of OPs and the complainant is entitled to get the compensation. There is no justification or legal error has been shown to us to issuing the wrong billing. Law laid down by the Hon’ble National Commission in case titled as Jaipur Vidyut Nigam Ltd. Vs. Mahender Singh 2013 (4) CPJ page 394. Hon’ble National Commission has upheld the decision made by the District Forum in which the complaint of the complainant was partly allowed and Rs.10,000/- as a compensation and Rs.5,000/- as a cost of litigation has been awarded to the complainant. In that case it was further ordered that complainant is entitled the interest @ 9 % if failed to pay within two months. The above   said judgment is full applicable in the present case. The complaint is liable to be accepted partly and same is hereby allowed. The OPs are directed to pay amount of Rs.10,000/- as compensation for mental agony, physical harassment and complainant is also entitled for cost of prosecution expenses which is assessed at Rs.5,000/- and they are directed to pay the above said amount to the complainant within a period of two months from the date of receiving the copy of this order failing which the complainant is entitled for the interest @ 9 % per annum till its realization. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

 

ANNOUNCED ON: 20.09.2018                                         

 

 

 

                                       (PUSHPENDER KUMAR)           (D.N.ARORA)       

                                                   MEMBER                                    PRESIDENT