Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 588.
Instituted on : 12.10.2017.
Decided on : 25.08.2021.
Dhajja Ram Deswal aged 62 years s/o Sh. Dhoop Singh Deswal R/o H.No.258-P, Sector-2, Rohtak.
………..Complainant.
Vs.
- Uttar Haryana Bijli Vitran Nigam through its Managing Director, Vidyut Sadan Sector-6, Panchkula.
- Superintending Engineer OP Circle. U.H.B.V.N. Rajiv Gandhi Vidyut Sadan Bhawan, Model Town, Rohtak.
- Executive Engineer, U.H.B.V.N. Rajiv Gandhi Vidyut Sadan Bhawan, Model Town, Rohtak. .
- Sub Divisional Officer OP Sub Division No.1, U.H.VB.V.N., Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
Argued: Sh. Veer Singh Advocate alongwith complainant in person.
Sh.K.K.Luthra Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant is consumer of opposite parties as he is having an electric connection bearing account No.6180460000 under domestic category installed by the respondents. The Govt. of Haryana has formulated Haryana Solar Power Policy 2016 to promote the generation of power from solar energy and the complainant has taken the project of roof top grid connected solar of 10kw. power plant. As per the guidelines issued by Haryana Electricity Resolution Commission and the other terms and conditions of the respondents/Govt., the complainant has completed the installation of solar power plant of 10 kw and written letter on 26.07.2016 to S.D.O.(OP) Sub Division No.1 i.e. opposite party No.4 for installation of net meter, but the respondent no.4 did not bother about the said letter and failed to install the net meter. Thereafter on intervention of Director, HAREDA, Panchkula, net meter was installed on 11.08.2016 in the premises of the complainant. When officials of Additional Deputy Commissioner-cum-chief Project Officer, Coordinating agency of this scheme visited at the premises of the complainant for inspection, they pointed out that Bi-directional and Uni-directional meter were not installed properly. After a series of letters to the officials of opposite parties, Bi-directional and Uni-directional meters were changed on 02.02.2017 and Project Officer of Coordinating Agency, Rohtak visited the premises of the complainant and inspected the inter changing of meter and approved the same. After completion of installation of the said solar power plant, series of unjustified electricity bills alongwith surcharge were issued by the respondents to the complainant.
2. The complainant was surprised to note that the respondents have not adjusted the amount equal to the units generated by the solar power plant and exported to the respondents. Hence the respondents have violated the provisions contained in Haryana Power Policy 2016 and breached the terms and conditions of the rules of the govt. which amounts to deficiency in service on the part of opposite parties. Complainant is using the electricity through solar power plant and the rest from the electricity department. The plant installed at complainant’s premises has been generating 45 units approx. per day whereas the complainant is only using 25-30 units approx per day and the complainant is exporting rest of the units generated to the respondents as per policy. But the respondents have cheated the complainant by sending unjustified electricity bills to the complainant without adjusting the benefits of units exported to the respondents. The complainant has moved various applications to higher authorities and respondents including CM window to rectify the unjustified bills issued after 11/08/2016 and to provide relief but in vain. The act and conduct of the respondents is quite illegal, unjustified and against the rules of the Govt. and amounts to deficiency in service. Hence this complaint and it is prayed that respondents may kindly be directed to rectify all the electricity bills already issued after 11.08.2016 the date of installation of solar power plant project and to adjust the amount of units exported to the department till date and to repay the excess amount deposited by the complainant till date alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.
3. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that the complainant is having electricity and solar connection is a matter of record. It is further submitted that the billing was done on net metering and benefit is given on solar meter which was installed on the solar system. The amount of Rs.14681/- has already been adjusted under SC and AR No.7/386. The Nigam has already given all the benefits to the complainant and the same is given in the bill of 5/2017. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs
4. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C31 and has closed his evidence on dated 08.05.2018. On the other hand, ld. counsel for the opposite parties tendered affidavit Ex.RW1/A and the evidence of opposite parties was closed by the order dated 27.09.2018 of this Commission. However a document has been placed on record which is not exhibited but is read as ‘Annexure-JN-A.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present complaint, the main grievance of the complainant is to rectify the electricity bills issued by the department after 11.08.2016 the date of installation of solar power plant project in the premises of complainant till the date of filing of the complaint and also requested to repay the excess amount deposited by the complainant till date alongwith interest @ 18% p.a. and also demanded Rs.2 lacs as compensation on account of deficiency in service and Rs.21000/- as litigation expenses. We have minutely perused all the documents placed on record by both the parties. In reply, the respondents have submitted that: “The billing was done on net metering and benefit given on solar meter which was installed on the solar system. It has been further submitted that an amount of Rs.14681/- has already been adjusted under SC&AR No.7/386 in the account of the complainant and further submitted that all the benefits have been given by the department to the complainant in the bill of 5/2017”. In fact in the present complaint the complainant has installed a solar power plant under the scheme of Haryana Solar Power Policy 2016 after completing the formalities. A letter dated 05.07.2016 regarding sanction of project for installation of grid connected rooftop SPV power plant was issued by the Director, Renewable Energy Department/HARDEA, Panchkula was issued on dated 05.07.2016. After receiving this letter the complainant informed the respondent officials and requested to installed the required meter as early as possible(Ex.C4). After that the respondent again wrote a letter dated 17.09.2016 to the ADC-Cum-Chief Project Officer, Rohtak for releasing subsidy amount after proper inspection of rooftop SPV Power plant of the complainant(Ex.C5). After receiving this letter, the inspecting team inspected the premises of the complainant on dated 05.12.2016 and found that two meters i.e. Net Meter(Bi directional) and Solar Gross meter(Uni Directional meter) ware not installed properly(Ex.C6) and another letter was also written to the department which is Ex.C7. Additional Deputy Commissioner- cum-Chief Project officer, NRE Rohtak also wrote a letter to SDO(OP) Sub Division No.1, UHBVN Rohtak vide memo No.SPL -1dated 13.12.2016 with the direction to resolve the grievances of the complainant and also to interchange both the meters i.e. Solar Gross meter and Net meter which were wrongly installed in the premises of the complainant. After that complainant wrote so many letters to the respondent officials for rectifying the position of meter as advised by the
inspecting team but the same was not done by the respondent. The complainant also moved two applications before CM grievance Cell and Monitoring System Ex.C17 and Ex.C20. The complaint was also made by the complainant before the grievance committee on dated 05.06.2017. A legal notice dated 29.03.2017 was also served upon the respondents regarding their deficiency in service for not taking any initiative for resolving the grievances of the complainant. On 02.02.2017 the respondent’s officials after so many requests and complaints, changed the bi-directional and uni-directional meters of the complainant and Project Officer of Coordinating Agency visited the premises of the complainant and inspected the whole unit and found in proper order. After completing all the formalities on the same day, the meter/unit was approved as per Govt. instructions. The complainant wrote so many letters to the department to rectify the bills issued by the department because there is deficiency in service on the part of respondent officials because they have not changed the electricity meters i.e. unidirectional and bidirectional meter as advised by the inspecting team.
7. We have also perused the report which is not exhibited by both the parties and is placed on record as “Annexure-JN-A”. This report was prepared on dated 07.08.2017 by the SDO Operation/S/D No.1, UHBVN, Rohtak and the report is submitted before the XEN City Division, UHBVN and the copy of the same is also forwarded to the SE operation Circle, UHBVN, Rohtak. The perusal of the report itself shows that there is a grave deficiency in service on the part of respondent officials. As per this report, the account of the complainant was overhauled after taking the base from 28.02.2017 to 31.07.2017. In this report in para No.4 the SDO concerned advised that an amount of Rs.14506/- is refundable to the complainant. He further submitted that an amount of Rs.22491/- is not refundable because the same was paid on account of consumption( before the net metering connection) reading from 10115 to 14921. He further submitted that an amount of Rs.3281/- charged against FSA from 02.11.2016 to 04.01.2017 is not refundable. An amount of Rs.1947/- as surcharge from the period 04.07.2016 to 02.11.2016 may be refunded against bill not received timely. He further requested to accord necessary approval for set right the bills for the period 11.08.2016 to 28.02.2017 on the basis of consumption recorded during 28.02.2017 to 31.07.2017. He further submitted that there is negligence on the part of Sh. Pawan Kumar JE, Area Incharge who had not recorded the reading timely and charge sheet has been sent against Pawan Kumar JE due to his negligence.
8. In view of the facts and circumstances of the case, it is observed that the department at its own has established negligence on the part of one of their official for not recording the timely reading and there is also grave deficiency in service on the part of opposite parties for not taking any initiative for resolving the grievances of the complainant despite his repeated requests and letters to the grievances committee and the grievances of the complainant were resolved belatedly. As such opposite parties are liable to pay the amount of Rs.14506/- + Rs.3281/- + Rs. 1947/- total Rs.19734/- to the complainant. As per written statement filed by the opposite parties, they have already adjusted an amount of Rs.14681/- in the account of complainant. As such opposite parties are directed to pay the remaining amount of Rs.5053/-(Rupees five thousand and fifty three only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 12.10.2017 till its realisation to the complainant. Opposite parties are further directed to pay an amount of Rs.25000/-(Rupees twenty five thousand only) as compensation on account of deficiency in service and Rs.10000/-(Rupees ten thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision, failing which opposite parties shall be liable to pay Rs.50/- per day to the complainant till realisation of alleged amount. `
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
25.08.2021.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
