Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 295.
Instituted on : 15.05.2017.
Decided on : 25.10.2018.
Ashok s/o Umed Singh aged 26 years R/o Village Dattaur, Rohtak.
………..Complainant.
Vs.
- Uttar Haryana Bijli Vitran Nigam Ltd., Rohtak Through its S.D.O., Sub-Division Sampla, Rohtak.
- The Executive Engineer,(OP) Division, UHBVNL, Rohtak. Sub Urban.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
SMT. SAROJ BALA BOHRA, MEMBER.
Present: Sh.Vivek Chaudhary, Advocate for the complainant.
Sh.K.K.Luthra, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant’s father namely Umed Singh has one domestic electricity connection No.R25SHD10031F connection No.5108 installed at his address. That after the death of Umed Singh, complainant is consumer of said electricity connection. That in the last week of April 2017 the complainant received an electricity bill of Rs.47681/- for consumption of 303 units alongwith some outstanding arrear. That an amount of Rs.34669/- was shown as arrear outstanding for the period of July 2011 to June 2014 in the said connection. That as per Section 56 of Electricity Act “ No sum due from any connected consumer shall be recoverable after a period of two years from the date when such sum become first due”. That complainant had regularly paid the bills, hence question of outstanding dues does not arise. That the act of opposite parties is illegal and amounts to deficiency in service. As such it is prayed that opposite parties may kindly be directed not to recover the impugned amount of Rs.47681/-, to change the electricity meter of the complainant, not to disconnect the electricity connection of the complainant and also to pay Rs.50000/- as compensation and Rs.11000/- as litigation expenses to the complainant.
2. On notice, opposite party appeared and filed its written statement submitting therein that the meter of the complainant was defective and changed vide MCO dated 2.6.2014 and the account of the complainant was overhauled for the period from 7/2012 to 5/2014 as per rules of the Nigam on the basis of New meter consumption. A sum of Rs.34669/- was raised in the above said bill on account of arrears. That there is no deficiency in service on the part of answering opposite parties and dismissal of complaint has been sought.
3. Both the parties led evidence in support of their case.
4. Complainant in his evidence has tendered affidavit Ex.CW1/A, document Ex.C1 to Ex.C7 and closed his evidence. On the other hand, ld. Counsel for the opposite party tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R4 and evidence of opposite parties was closed by order dated 28.08.2018 of this Forum.
5. We have heard the learned counsel for the parties and have gone through material aspects of the case very carefully.
6. In the present case Ex.R4 was prepared by the respondent officials. The date of preparation has not been mentioned upon the document. Through this document an amount of Rs.34668/- has been raised toward the complainant and this amount was charged by the respondent officials through bill first time on dated 14.03.2017. The perusal of this document shows that the account was overhauled by the audit party for the period 7/12 to 5/14 and the auditor found that an amount of Rs.34669/- is still outstanding against the complainant. The amount was charged by the respondent officials belatedly and against the Sales Circular and Electricity Act. In our view the respondents have violated the rules and regulations of the Indian Electricity Act because as per Section 56 of Electricity Act “No sum due from any consumer shall be recoverable after a period of two years from the date when such sum become first due”.
7. Accordingly it is held that the respondents have no right to charge or recover an amount of Rs.34669/- from the complainant qua the bill dated 14.03.2017. As such complaint is allowed and we direct the respondents to withdraw the said wrong and illegal amount of Rs.34669/- from the account of complainant. As the complainant had already deposited the 25% amount of disputed bill vide order dated 19.05.2017 of this Forum. Hence it is directed that opposite parties shall overhaul the account of complainant and shall adjust the alleged 25% amount in future bills of the complainant and shall also pay a sum of Rs.2000/-(Rupees two thousand only) as litigation expenses to the complainant which shall also be adjusted in the future bills of the complainant. Order shall be complied maximum within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs.
9. File be consigned to the record room after due compliance.
Announced in open court:
25.10.2018. ................................................
Nagender Singh Kadian, President
..........................................
Ved Pal Hooda, Member.
…………………………..
Saroj Bala Bohra, Member.
