Haryana

Karnal

CC/170/2015

Mahinder Kumari W/o Radhey Sham - Complainant(s)

Versus

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

07 Apr 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

         

                                                               Complaint No.170 of 2015

                                                               Date of instt.: 30.07.2015

                                                                Date of decision:8.04.2016

 

 Mahinder Kumari aged 66 years, widow of Shri Radhey Sham resident of house   

 No.189, Outside Ibrahim Mandi, Karnal.

                                                      ……..Complainant.

                                      Vs.

Sub Divisional Officer (O) UHBVN Ltd. Sub Urban Sub Division, Karnal.

                                                                   ………… Opposite Party.

                     Complaint u/s 12  of the Consumer

                     Protection  Act.

 

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

                   Sh.Anil Sharma…….Member.

 

Present:-        Complainant in person.

                     Sh.Jasbir Singh Advocate for the Opposite Party.

 

 ORDER:

 

                   This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act-1986, on the averments that   electricity connection bearing account No.16/1451 was installed in her premises bearing house no.189, outside Ibrahim Mandi, Karnal. She had been paying the energy charges regularly. However, the Opposite Party, vide memo No.6634 dated 25.6.2015, raised demand of Rs.8378/- illegally and unlawfully. She approached the office of the Opposite Party and requested to withdraw the said alleged demand, but no satisfactory was  given. She is widow and passing her days in hardship and  also having the liability of her divorcee daughter and maternal grandson. Therefore, she is not in a position to pay such huge amount to the Opposite Party. The illegal demand raised by the Opposite Party amounts to deficiency in service and unfair trade practice on the part of the Opposite Party, which caused her mental agony and harassment apart from financial loss.

 

2.                Notice of the complaint was given to the Opposite Party, who appeared and filed written statement disputing 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 maintainable; that the complainant has not approached this Forum with clean hands; that this Forum has no jurisdiction to entertain and decide the present complaint and that the present complaint is an abuse of the process of law and has been filed just to harass and humiliate the Opposite Party.  

                             On merits, it has been submitted that the account of the complainant was checked  and overhauled by the Audit Party  of the Nigam and as per Sales Circulars U-29 of 2007,  U-6 of 2007 and U-15 of 2015, an amount of Rs.8478/- was found outstanding against the complainant, which was legally chargeable from her. The Opposite Party is adopting due and legal procedure for recovery of the said amount and there is no deficiency in services on the part of the Opposite Party.

 

3.                In evidence of the complainant, her affidavit Ex.C1 and documents Ex.C2 to Ex.C6 have been tendered.

 

4.                 On the other hand, in evidence of the Opposite Party, affidavit of Shri Mohan Lal, Meter Reader Ex.OP/A and documents Ex./O1 and Ex.O2 have been tendered.

 

5.                We have appraised the evidence on record,  the material circumstances of the case and have heard the parties.

6.                Admittedly the connection bearing account No.16/1451 is in the name of  Sh.Radhey Sham, the  husband of the complainant.  The complainant has alleged that the amount of Rs.8378/- was illegally demanded by the Opposite Party, though she had been paying the energy charges regularly. On the other hand, the Opposite Party has asserted that the account of the complainant was checked and overhauled  by the Audit Party and amount of Rs.8478/- was found due against her as per the Sales Circulars of the Nigam.

 

7.                During course of arguments, both the parties admitted that the meter of the complainant was replaced on her application as the previous meter installed in the premises was alleged to be defective. The copy of the details of the account of the electricity connection of the complainant has been placed on record by the Opposite Party as Ex.O2. A perusal of the same reveals that in the bills dated 25.9.2012 to 25.7.2013, average charges @ 200 units bi monthly were charged from the complainant. Meaning thereby the bills were not sent to her as per reading of the meter. The meter was replaced. Thereafter, the account of the complaint was overhauled as per Sales circulars No.U-29/2011, U-6 /2007 and U-15/2015 by calculating average of   six bi monthly bills after replacement of the meter. The average consumption of the six bi monthly bills was found 434 units per bi monthly.  The complaint was charged previously on average basis @ 200 units per bi monthly. The difference was calculated and the amount of Rs.8477.90 was found due against the complainant. The complainant has not led any oral or documentary evidence disputing the consumption shown in Ex.O2. She has also not disputed the fact that before replacement of the meter, she had paid bills on average basis of 200 units bi monthly. Under such facts and circumstances, we have no hesitation in observing that the amount claimed by the Opposite Party after overhauling the account of the electricity connection of the complainant cannot be termed as illegal or unjustified in any manner.

 

8.                The complainant has alleged that she is widow and has also liability of her divorcee daughter and maternal grandson. She is an old lady, therefore, may not be in a position to pay the demanded amount in lump sum. Therefore, it would be proper for the Opposite Party to recover the demanded amount in six bi monthly installments.

 

9.                As a sequel to the foregoing discussion, we do not find any merit in the present complaint. Therefore, the same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced
dated:8.04.2016.

                                                               (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

            (Anil Sharma ) 

               Member.

 

 

 

 

Present:-        Complainant in person.

                     Sh.Jasbir Singh Advocate for the Opposite Party.

 

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

 

Announced
dated:7.04.2016.

                                                               (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

            (Anil Sharma ) 

               Member.