Haryana

Yamunanagar

CC/856/2012

Subhash Chand Bhalla s/o Sh.Kharaiti Lal, - Complainant(s)

Versus

UHBVNL, - Opp.Party(s)

Mukesh Sehgal

18 Nov 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                    Complaint No. 856 of 2012.

                                                                                    Date of institution: 9.8.2012

                                                                                    Date of decision: 18.11.2015

Subhash Chand Bhalla aged 40 years son of Sh. Kharaiti Lal R/o V.P.O. Khizrabad, Tehsil Chhachhrauli, Distt. Yamuna Nagar.

     …Complainant.

 

                                    Versus

 

1. U.H.B.V.N. Sub Division Chhachhrauli through SDO ‘OP’ Chhachhrauli, Distt. Yamuna Nagar.
2. S.D.O. ‘OP’ UHBVN Sub Division Chhachhrauli, District Yamuna Nagar.
3. Executive Engineer, UHBVN Yamuna Nagar. .

                                                                                                   ..Opposite parties.  

 

BEFORE:       SH. ASHOK KUMAR GARG, PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Mukesh Sehgal, Advocate, counsel for complainant.

              Sh. Zile Singh, Advocate, for OPs.   

 

ORDER

 

1.                     Complainant Sh. Subhash Chand Bhalla has filed the present complaint under section 12 of the Consumer Protection Act 1986 praying therein that respondents (hereinafter referred as OPs) be directed to correct the disputed bills dated 8.2.2010, 10.4.2010, 8.6.2010, 8.8.2010, 10.10.2010, 8.12.2010 and 8.2.2011 as per actual consumption as shown by new meter and be directed to refund the excess amount of approximately Rs. 50,000/- alongwith interest at the rate of 18% per annum and further to pay a sum of Rs. 50,000/- as compensation for causing mental agony, harassment and financial loss.              

2.                     Brief facts of the present complaint as alleged by the complainant are that the complainant is having an electricity connection bearing No. JH-30/1637 L-R in the said premises for the last so many years and he was paying the bills regularly. The complainant has received a bill dated 8.2.2010 for Rs. 2012 which was on higher side and he reported the matter to the OPs and requested them to correct the bill as per actual consumption. Thereafter the complainant received bill dated 10.4.2010, dated 8.6.2010, 8.8.2010, 10.10.2010 and 8.12.2010 for Rs. 3763/-, Rs. 6774/-, Rs. 11,141/-, Rs. 8731/- and Rs. 11230/- respectively. All the bills are very excessive and not as per actual consumption. After receiving the bill dated 8.12.2010 the complainant made an application dated 22.12.2010 to the OPs challenging all the above mentioned bills and rquested the OPs to change the meter. Thereafter, the complainant again approached the OPs vide application dated 30.1.2011 with the same request. After receiving the complaint, the OPs marked the said complaint to lineman Sh. Karam Singh, U.H.B.V.N.L. Department Khizrabad to check the meter and to report the same. The said lineman visited the house of complainant and after checking the meter found that the meter was working even after switching off the main switch and made his report dated 5.1.2011 on the back side of the said application dated 22.12.2010. Thereafter the complainant again received bill dated 8.2.2011 for Rs. 13072/- which was also excessive. The complainant again approached the OPs and made the complaint and thereafter the OPs changed the meter on 16.2.2011 and after that the complainant requested the OPs to correct the bills dated 8.2.2010 to 8.2.2011 as per actual consumption as shown by new meter and to refund the excess charged amount and in this regard he wrote several letters dated 22.12.2010, 30.1.2011, 29.6.2011, 30.1.2012, 27.3.2012 and 30.5.2012 but OPs did not care and have finally refused to refund the excess amount charged by them. As such, it is a great deficiency in service on the part of OPs. Hence, this complaint.   

3.                     Upon notice, opposite parties appeared through counsel and filed written statement by taking some preliminary objection such as complaint is not maintainable, complainant has not come to this Forum with clean hands and on merit it has been mentioned that the bills sent to the complainant are of the amount for the electricity charges which has been consumed by the complainant and there is nothing wrong. It has been further mentioned that on the request of complainant the electricity meter of the complainant was changed on 17.2.2011 vide MCO No. 41/3150 date 14.2.2011 and the complainant has not given any application to the OPs as alleged by the complainant. However, the bills were sent to the complainant as per his actual consumption and there is nothing wrong and the complainant has no right to deposit the same under protest. Hence, there is no deficiency in service on the part of OPs and prayed for dismissal of complaint.   

4.                     To prove the case, complainant’s counsel has tendered affidavit of complainant as Annexure CX and document such as Photo copies of bill dated 8.2.2010, 10.4.2010, 8.6.2010, 8.8.2010, 10.10.2010, 8.12.2010, 8.2.2011 as Annexures C-1 to C-7, Photo copies of applications written to SDO, UHBVNL Sub Divn. Chhachhrauli for correcting the disputed bills  as Annexure C-8 to C-13, Photo copy of application dated 3.1.2011 for checking of meter as Annexure C-14, Photo copy of bill dated 10.4.2011 as Annexure C-15, Photo copy of bill dated 8.6.2011 as Annexure C-16, Photo copy of bill dated 8.8.2011 as Annexure C-17, Photo copy of bill payable by 24.10.2011 as Annexure C-18, Photo copy of bill dated 11.12.2011 as Annexure C19, Photo copy of bill dated 10.2.2012 as Annexure C-20,  Photo copy of bill dated 9.4.2012 as Annexure C-21, Photo copy of Bill dated 10.6.2012 as Annexure C-22 and closed the evidence on behalf of complainant.   

5.                     On the other hand, counsel for the opposite parties tendered an affidavit of Sh. Ashish Chopra, SDO (OP) UHBVNL Ltd. Chhachhrauli as Annexure RW1/A and documents such as Photo copy of ledger of account as Annexure R-1 and closed the evidence on behalf of OPs.

6.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully. Learned counsel for the complainant reiterated the averments made in the complaint and prayed for its acceptance whereas the counsel for the opposite parties reiterated the averments made in the reply and prayed for its dismissal.

7.                     The only plea of the complainant is that  he received bill dated 8.2.2010 of amounting to Rs. 2012/-, bill dated 10.4.2010 for Rs. 3763/-, bill dated 8.6.2010 for Rs. 6774/-, Bill dated 8.8.2010 for Rs. 11141/-, bill dated 10.10.2010 for Rs. 8731/- and bill dated 8.12.2010 for Rs. 11230/- and he made written request dated 22.12.2010 to the OPs and requested to change electric meter. On the application of the complainant Sh. Karam Chand Lineman was deputed to check the electric meter of the complainant and to report the same. The said official visited to the house of complainant and after checking made report dated 5.1.2011 (Annexure C-14) that the meter was working even after switching off main line. Accordingly the OPs changed the electric meter of complainant on 16.2.2011 and he made request through his letter dated 22.12.2010, 30.1.2011, 29.6.2011, 30.1.2012, 27.3.2012 and 30.5.2012 to correct his electric bill dated 8.2.2010 to 8.2.2011 as per actual consumption shown in the new electric meter and to refund the excess charged amount of disputed bills but the OPs did not do nothing.

8.                     On the other hand, counsel for the OPs argued that the meter of the complainant was changed on the request of the complainant in the month of February 2011 vide MCO No.41/3150 dated 14.2.2011 and the complainant did not make any request to the OPs as alleged by him and the OPs have not charged excessive bills from the complainant and prayed for dismissal of complaint.

9.                     After hearing both the parties and perusing the documents placed on record we come to the conclusion that the complainant made an application (Annexure C-14)  to the OPs alleging that his meter is running fast and he requested to get it checked for the Redressal of his grievances. On the application of the complainant the OPs obtained the report of Karam Singh Line Man wherein the said official made a report that “ the meter of complainant is running after switching off the mainline and on this report OPs replaced his meter. The OPs have also failed to get it checked from the laboratory whether the electric meter of the complainant is running fast or not and the report of Karam Singh Lineman goes unrebutted.

                        In the above noted facts and circumstances of the case, we are of the considered view that there is deficiency in service on the part of OPs as the account of the complainant has not been overhauled by the OPs. Hence, we direct the OPs to overhaul the account of the complainant for the previous 1 year and 4 months i.e. from 2/2010 to 4/2011 on the basis of consumption of 12 months from June 2011 to April 2012 of new electric meter installed in the month of February 2011 in the premises of complainant.  After overhauling the account of the complainant for the previous period, if any amount becomes due towards the complainant, the same be recovered from him as per rules of the Nigam and if any amount becomes due towards the OPs the same be refunded to the complainant. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law.  Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance. 

Announced: 18.11.2015.

                                                                                    (ASHOK KUMAR GARG)

                                                                                    PRESIDENT

 

 

                                                                                    (S.C.SHARMA)

                                                                                    MEMBER