NCDRC

NCDRC

RP/301-302/2017

KAPTAN SINGH DAKA - Complainant(s)

Versus

UTTAR HARYANA BIJLI NIGAM & 2 ORS. - Opp.Party(s)

MR. SUNIL VERMA

10 May 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 301-302 OF 2017
 
(Against the Order dated 15/12/2016 in Appeal No. 914/2016 & 1033/2016 of the State Commission Haryana)
1. KAPTAN SINGH DAKA
S/O. SH. BALBIR SINGH, R/O. WARD NO. 13, MEHAM, TEHSIL MEHAM
DISTRICT-ROHTAK
HARYANA
...........Petitioner(s)
Versus 
1. UTTAR HARYANA BIJLI NIGAM & 2 ORS.
THROUGH ITS EXECUTIVE ENGINEER,
DISTRICT-ROHTAK
HARYANA
2. EXECUTIVE ENGINEER, UHBVN,
SUB URBAN SUB DIVISION NO. 1, POWER HOUSE, NEAR MEDICAL MOR,
DISTRICT-ROHTAK
HARYANA
3. S.D.O.(OPERATION) UHBVN,
SUB DIVISION OPPOSITE GOVT. COLLEGE MEHAM,
DISTRICT-ROHTAK
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER

For the Petitioner :
Mr. Sunil Verma, Advocate
For the Respondent :
Mr. Vivek Gupta, Advocate with
Mr. Sant Kumar, AR

Dated : 10 May 2019
ORDER

ORAL  ORDER

 

          Heard the learned counsel for the parties.

2.       This revision petition has been filed by the petitioner  against the impugned order dated  15.12.2016 passed by the State Commission, in First Appeal Nos. 914/2016 & 1033/2016.

 3.      Brief facts of the case are that the petitioner has a domestic connection which is installed at the residence of complainant in his field. The connection was disconnected    in the year 2008.  The case of the complainant is that even after  disconnection,  the bills were issued by the  respondent on average basis and  the petitioner has paid the same till 2010.  Being aggrieved, the petitioner filed consumer complaint before the District Forum. The District Forum allowed the complaint vide order dated  26.7.2016. Both the parties went in appeal before the State Commission. The State Commission allowed the appeal filed by the opposite party and dismissed the complaint  vide order dated 15.12.2016.

4.       Hence, the present revision petition.

5.       The learned counsel for the petitioner states that vide their letter dated 23.2.2015,     the department   has informed that the electricity connection was disconnected. In the written statement it has been stated that electricity   connection was not disconnected. It was further stated that he has  one separate agriculture connection and therefore, any allegation against him that he was using the domestic  connection for agriculture use is totally wrong and even in the written statement,  no such  plea has been taken by the respondent department that this connection was being used for any agriculture purpose.

6.       On the other hand, learned counsel for the respondent states that the meter was already there and only power supply was disconnected and therefore the complainant is getting minimum bill even after the date of disconnection in 2008.  Learned counsel for the respondents further states that the connection was disconnected as he was using this connection for agriculture purposes which is commercial in nature. It is also pointed out by  the  officer of the respondent department who is present in person that the  rates for agriculture connection  is Rs.0.25 per unit and for domestic connection  it is Rs.2/-   and above per unit  according to the number of units consumed.

7.       I have given a thoughtful consideration to the arguments advanced by learned counsel for the parties and examined the record.

8.       First of all, seeing the rate of electricity, no prudent person will use the electricity from domestic connection for agriculture use. Thus, the argument of the respondent that connection was being used for agriculture purpose is totally baseless and cannot be accepted. Apart from this, no other reason has been given by the respondent department for disconnecting the domestic connection of the petitioner. As it has been accepted vide letter dated 23.2.2015 that electricity supply was disconnected, therefore, even the minimum charges of electricity consumption cannot be taken by the respondent department. The only thing that department can charge will be meter rent charges after disconnection of electric supply, if any from the complainant.

9.       Based on the above discussion, it is ordered that  all the bills issued by the respondent department to the complainant from the date of disconnection in 2008 onwards be revised so as to mention  only meter rent charge if any  and revised bill for this period may be sent to the complainant within four weeks.  Electric supply be restored to the domestic connection within a period of four weeks. The amount paid by the complainant for the bills that have been ordered to be revised shall be adjusted against the future bills of electricity for this domestic connection.   

10.     The revision petition is disposed of in  terms of the above order.

 
......................
PREM NARAIN
PRESIDING MEMBER

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