Haryana

Karnal

CC/241/2021

Mukesh Sharma - Complainant(s)

Versus

Uttar Haryana Bijli Vitaran Nigam Limited - Opp.Party(s)

Sanjiv Kamboj

30 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No.241 of 2021

                                                        Date of instt.28.04.2021

                                                        Date of Decision: 30.08.2024

 

 

Mukesh Sharma son of Shri Ravinder Kumar Sharma, resident of H.No.2130, Housing Board Colony, Sector-6, Karnal, aged about 63 years.

 

                                               …….Complainant.

                                              Versus

 

Uttar Haryana Bijli Vitran Nigam Limited, through its SDO (OP) City Sub Division, Karnal.

                                                                      …..Opposite Party.

 

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.      

      Mrs.Sarvjeet Kaur…..……Member

          

 

 Argued by: Shri Sanjiv Kamboj, counsel for the complainant.

               Shri Sunil Sharma, counsel for the opposite party.

 

                 (Jaswant Singh, President)

ORDER:   

               

                The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that an electricity bearing A/c No.61191224000 of D.S. category has been installed in the premises of complainant and the same was transferred in the name of complainant by Estate Managing Housing Board, Haryana, Karnal, vide transfer letter No.HBH/EM/TPCD/2019/ 00132 dated 03.10.2018. Complainant has not received the electricity bills of the said premises from the office of OP despite several requests. In the month of December, 2020, when the complainant visited in the office of OP for getting the bill, he was shocked to know that a bill dated 09.12.2020 has been issued for an amount of Rs.98,247/- in which an amount of Rs.87,707.37 was shown as arrears. On perusal of the bill, it has come to know that the said bill is of H.No.2485 whereas the connection is working in H.No.2130 and due to mentioning of incorrect address of the complainant, the bills could not be delivered to him. The said mistake was due to negligence of the OP. Thereafter, complainant requested to correct the address and overhaul his account as per bio-monthly pattern and to deduct the interest and surcharge levied in his account as he is not responsible for the non-payment of the bills. Thereafter, on 14.04.2021, the complainant received a message from the OP that an amount of Rs.1,03,291.95 is outstanding and last date of payment is 29.04.2021. Thereafter, the OP disconnected the connection of the premises of complainant. The complainant several times requested the OP to deduct the amount of surcharge and interest but they did not do so. Thus, there is deficiency in service and unfair trade practice on the part of OP. Hence, the present complaint. 

2.             On notice, OP appeared and filed its written version raising preliminary objections with regard to locus standi; maintability; concealment of true and material facts; estoppel; jurisdiction, etc.  On merits, it is pleaded that the bill in question has been sent to the complainant after overhauling his account and that amount is regarding actual consumption of electricity units and no extra amount has been charged from him. The complainant have not applied for change of name of existing connection in his name due to avoiding from his liabilities to pay the bill, he has made the concocted story. The bills were continuously issued and send to the complainant but the complainant is quite irregular in making payment of bills. He made the last payment of Rs.4091/- on dated 16.05.2019. The complainant himself admitted that he was purchased the said house from the previous owner on 03.10.2018 and the complainant made the payment of bill on 15.05.2019, it means that the complainant himself made the payment of bill amounting to Rs.4091/- but he did not apply for change of name of said connection.  There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copies of bills Ex.C1 to Ex.C3, extract of message Ex.C4 and copy of transfer letter Ex.C5 and closed the evidence on 20.04.2023 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Shivam Bagri, Ex.OP1/A, copies of bills Ex.OP1 to Ex.OP19 and closed the evidence on 31.01.2024 by suffering separate statement.

6.             We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for the complainant while reiterating contents of the complaint, has vehemently argued that complainant was having an electricity bearing A/c No.61191224000 and the same was transferred in the name of complainant by Estate Managing Housing Board, Haryana, Karnal. Despite repeated requests to the OP, the OP did not issue electricity bills of the premises of complainant and in the month of December, 2020, a bill dated 09.12.2020 has been issued for an amount of Rs.98,247/- in which an amount of Rs.87,707.37 was shown as arrears. In the said bill the address is mentioned as H.No.2485 whereas the connection is working in H.No.2130 and due to mentioning of incorrect address of the complainant, the bills could not be delivered to him. The said mistake was due to negligence of the OP. Thus, the complainant can not bear due to mistake on the part of OP. Thus, there is deficiency in service and unfair trade practice on the part of OP and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that bill in question has been sent to the complainant after overhauling the account and that amount is regarding actual consumption of electricity units and no extra amount has been levied in it. The bills were continuously issued and send to the complainant but the complainant is quite irregular in making payment of bills. He made the last payment of Rs.4091/- on dated 16.05.2019 which itself shows that the complainant himself made the said payment after purchasing the said house from the previous owner on 03.10.2018.  There is no deficiency in service and unfair trade practice on the part of the OP and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           The complainant has alleged that electricity connection bearing A/c No.61191224000 was transferred in the name of complainant by Estate Managing Housing Board, Haryana, Karnal but despite repeated requests to the OP, the OP did not issue electricity bills of the premises of complainant and in the month of December, 2020, a bill dated 09.12.2020 has been issued for an amount of Rs.98,247/-. In the said bill the address is mentioned as H.No.2485 whereas the connection is running in H.No.2130 and due to incorrect address, the bills could not be delivered to him. The onus to prove his version was relied upon him but the complainant has miserably failed to his case by leading cogent and convincing evidence.

11.           In the said premises, the electricity connection is still running in the name of Bimla Tandon with sanctioned load 5.70 KW. Complainant has not applied for change of name of existing connection in his name. The complainant has alleged that he has purchased the said house on 03.10.2018 in his name but has not received the electricity bills. The complainant has made the payment of electricity bill of Rs.4091/- on 16.05.2019 when the complainant himself made the payment of electricity bill on 16.05.2019 i.e. after purchasing the premises in which the electricity connection has been installed, then how he can say that he has not received the bills thereafter.

12.           Furthermore, there is nothing on file that the complainant is residing in the said house and the electricity connection is being used by him and complainant falls under the definition of consumer of OP.

13.           The complainant impleaded SDO (OP) City Sub Division, Karnal, but the premises where the electricity connection is installed is falls under the SDO (OP) Sub Division UHBVN Meerut Road, Karnal. Hence, the complainant has wrongly impleaded the present OP instead of SDO OP Sub Division UHBVN, Meerut Road, Karnal. 

14.           On 16.05.2019, the complainant has made the payment of electricity charges to the tune of Rs.4091/- and thereafter, he has not deposited the bills and filed the present complaint on 28.04.2024. On the direction of this Commission, the complainant has paid an amount of Rs.31,537/- to the OP on 29.07.2021 and thereafter, he has not deposited a current consumption charges.  Hence, the complainant is himself a defaulter by not paying the electricity charges regularly.

15.           Thus, in view of the above, the present complaint is devoid of any merits and same deserves to be dismissed and same is hereby dismissed. Parties concerned be communicated of the order accordingly and file be consigned to the record room.

Announced

Dated: 30.08.2024                                                                   

                                                                President,

                                                    District Consumer Disputes

                                                    Redressal Commission, Karnal.

 

                 (Sarvjeet Kaur)

                        Member