Haryana

Karnal

212/2013

Ghansham Singh S/o Gian Singh - Complainant(s)

Versus

Uttar Haryana Bijle Vitran Nigam Limited - Opp.Party(s)

Rishipal Rana

14 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.  

                                                          Complaint No. 212 of 2013

                                                          Date of instt.: 30.04.2012

                                                          Date of decision:14.12.2015

 

Ghansham Singh son of Shri GianSingh resident of village Bassi Akbarpur tehsil Gharaunda District Karnal..

                                                                  ……..Complainant.

                   Vs.

1.The Managing Director, Uttar Haryana Bijli Vitran Nigam Limited, Sector 6, Shakti Bhawan, Panchkula.

2.Uttar Haryana Bijli Vitran Nigam Limited, Sub Division Gharaunda, District Karnal through its Sub  Divisional Officer..

.                                                                  …..Opposite Parties.

                     Complaint u/s 12 of the Consumer

                     Protection Act.

 

Before          Sh.K.C.Sharma……….President.

                   Smt. Shashi Sharma……….Member.

                   Sh.Anil Sharma…….Member.

 

Present:-        Sh.Rishi Pal Rana Advocate for the complainant.

                   Sh.V.B.Mehta Advocate for Opposite parties .

ORDER:

      

                   This complaint u/s 12 of the Consumer Protection Act 1986, has been filed by the complainant on the averments that he was having  electric connection bearing account NO. AP-42-1547-M for  running his tubewell.  Transformer of 16 KVA was installed in his field for the said connection. He has been paying the electricity charges to the Opposite parties regularly. On the intervening night of 5/6-4-2012 transformer was stolen and First Information Report No.115 dated 12.4.2012  was registered regarding the theft in Police Station Gharaunda. Thereafter, he moved application to the Opposite parties to install new transformer so that he could irrigate his fields. However, the Opposite parties  did not take immediate action and postponed the matter on one pretext or the other and on account of that he could not sow his crop. He deposited an amount of Rs.14878/- on 3.01.2013  for installation of the transformer and then the transformer was installed by the Opposite parties  on 10.2.2013.It has further been alleged that bill dated 15.3.2013 for an amount of Rs.8103/- payable upto 25.3.2013 was received by the complainant. In the said bill, the Opposite parties had added arbitrarily an amount of Rs.7622/- for the period during which his tubwell could not be operated due to non installation of the transformer. The Opposite parties  also imposed charges of Rs.44/- per month for meter/service/capacitor    which was illegal. He approached the Opposite parties  to withdraw the excess and  illegal amount of the bill, but the Opposite parties  threatened to disconnect his electricity  for non payment, which amounted to deficiency in services on the part of the Opposite parties .

 

2.                 Notice of the complaint was given to the Opposite parties who filed written statement controverting the claim of the complainant. Objections have been raised that the complainant has no loucs standi and cause of action to file the present complaint; that the complaint is not legally maintainable; that the complainant has not approached this Forum with clean hands; that the complaint is an abuse of the process of law and that this Forum has got no jurisdiction to entertain and decide the present complaint in view of the provisions of Section 145 of the Electricity Act.

 

                   On merits, it has been submitted that information regarding theft of the transformer was given to the office of opposite party No.2 and thereafter the transformer was installed on 31.1.2013. The complainant had not suffered any kind of loss due to fault of the Opposite parties. It has been averred that the  bill of Rs.8103/-  for the period of  25.1.2012 to 25.1.2013 was rightly issued, as the demand of the Opposite parties  was quite legal and binding upon the complainant. The other allegations made in the complaint have been specifically denied.

 

3.                 In evidence of the complainant his affidavit Ex.CW1/A and documents Ex.C1 and Ex.C2 have been tendered.

 

4.                 On the other hand, in evidence of the Opposite parties , affidavit of Shri Yashbir, Sub Divisional Officer, Operation Sub Division, Gharaunda  Ex.O1 has been tendered.  

 

5.                 We have appraised the evidence on record,  the material circumstances of the case and the arguments advanced by the learned Counsel for the parties.

 

6.                 There is no dispute between the parties regarding the fact that transformer installed for running the tubwell of the complainant was stolen on the intervening night of 5/6-4-2012 and FIR No.115 dated 12.4.2012 was got registered in Police Station Gharaunda regarding the said theft. The complainant has also produced copy of the FIR lodged by the SDO, UHBVNL, Gharaunda. It is also admitted fact that transformer for the tubwell of the complainant was installed on 31.1.2013. Thus, it is emphatically clear that there was no transformer for running the tubwell of the complainant during the period  of 6.4.2012 to 30.1.2013. Admittedly, complainant is paying the bill on flat rate and not on the basis of consumption recorded in the meter. The complainant could not use the tubwell on account of  non installation of the transformer during the period of  6.4.2012 to 30.1.2012, therefore, there was no liability on the part of the complainant to pay bill for the said period. . Therefore, the demand of the Opposite parties for bill from the complainant during the said period was not legally justified. So far as recovery of Rs.44/- per month for service/line/capacitor charges are concerned, the complainant could not cite any rule or sales circular according to which the Opposite parties are not entitled to  effect recovery of such amount. Therefore, the demand of the Opposite parties  in this regard  cannot be termed as illegal or unjustified in any manner.

 

7.                 As a sequel to the foregoing discussion, we accept the present complaint and direct the Opposite parties  not  to charge  bill  from the complainant for the period from 6.4.2012 to 30.1.2013 for his tubewell connection No. AP-42-1547-M. The complainant shall also be entitled for a sum of Rs.2200/- for the mental agony and harassment caused to him. The Opposite parties shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced.
dated:14.12.2015                                                                         

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

(Anil Sharma )  (Smt.Shashi Sharma)    

    Member            Member.

 

Present:-        Sh.Rishi Pal Rana Advocate for the complainant.

                   Sh.V.B.Mehta Advocate for Opposite parties .

 

                   Arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced.
dated:14.12.2015                                                                          

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

(Anil Sharma )  (Smt.Shashi Sharma)    

    Member            Member.