Haryana

Panchkula

CC/74/2020

PARVEEN VERMA - Complainant(s)

Versus

UTTAR HARYANA BIJLI VITRAN NIGAM LTD. - Opp.Party(s)

COMPLAINANT IN PERSON.

25 Nov 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	74 of 2020
Date of Institution	:	12.02.2020
Date of Decision	:	25.11.2022

 

 

Parveen Verma, aged 50 years, son of Late Sh.A.L.Verma, resident of House No.345, Sector-12, Panchkula.

 

                                                                ….Complainant

Versus

1.     Uttar Haryana Bijli Vitran Nigam Limited, Shakti Bhawan, Sector-6, Panchkula through its Managing Director.

2.     Uttar Haryana Bijli Vitran Nigam, through its Sub-Divisional Officer,(operational), City Sub-Division, Industrial Area, Phase II, Panchkula.

3.     Uttar Haryana Bijli Vitran Nigam, through its Executive Engineer/ Operation Division, Panchkula.                                                                                                                                                                                                                                                  ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

 

Before:              Sh.Satpal, President.

Dr.Pawan Kumar Saini, Member.

Dr.Sushma Garg, Member.

 

For the Parties:   Sh.Ashok Kumar, Advocate, for the complainant.

                        Sh.Y.P.Rana, Advocate along with Sh.Sanjay Sehgal,                        C.A. UHBVNL.    

                       

                                        ORDER

 

(Dr.Pawan Kumar Saini, Member)

 

1.              The brief facts of the present complaint are that the complainant is using the electricity connection installed in above said premises vide Electricity Connection No.8502550000 (Old No.2113604U- PS742457). The said electricity connection is standing in the name of deceased father of the complainant. The complainant has been making the regular payment of the bills raised for the said connection by the Opposite Parties from time to time without any default on time, as per consumption. During the month of January, 2018 the complainant was shocked to receive the electricity bill whereby the Opposite parties has demanded an amount of Rs.1,35,452.12 on account of electricity charges for the month of December, 2017 and January, 2018 and unit consumption was shown as 16772 units. The complainant immediately on receipt of the inflated bill approached the Opposite parties and requested to correct the bill and further to check and replace the meter, as it is showing excess units than actual consumption being running fast. The complainant also made an application dated 15.02.2018 for installation of check meter along with the faulty meter to avoid further complication in the matter. The opposite parties assured to look into the matter and directed the complainant to deposit minimum amount of Rs.20,000/ otherwise the electricity supply will be disconnected. The Opposite parties further assured that the excess amount if any received, the same will be adjusted in future bills and he deposited the same on 16.02.2018 under protest. The Opposite parties installed a check meter along with the faulty meter on 13.03.2018 in the presence of wife of the complainant. On 26.03.2018 the officials of the Opposite parties visited the house of the complainant to check the difference of consumption in the faulty meter and the check meter in the presence of the brother of the complainant and after checking both the meters, the officials of the Opposite parties made report that the meter in question is running 91.9% faster, which is sufficient to show that the consumption shown in the bill for the month December, 2017 & January 2018 was on higher side than the actual consumption. Further, again OPs issued another bill for the month of February and March, 2018 thereby showing the consumption of units as 9857 and billed amount as Rs.1,96,159.46. He again visited the office of the Ops and requested to correct the bill and adjust the amount already deposited in excess by him but the Opposite parties instead of doing the needful put the matter off on one pretext or the other. The opposite parties again without correcting the earlier bills in view of the report of checking meter and replacing the faulty meter issued another bill for the month March to May, 2018 showing the consumption in excess and the Opposite parties added the bill amount of earlier bills in the said bill also. The complainant again requested the OPs but they put the matter off on one pretext or the other. The complainant further requested the opposite parties, to transfer the said electricity connection in his name as his father has expired, on this the OPs asked the complainant to deposit  the amount of current cycle of the bill in question and the complainant deposited  Rs.8,880/-  for transferring the meter in his name but instead of replacing the faulty meter and transferring the said electricity connection in the name of the complainant, the opposite parties again issued another inflated bill in the month of July, 2018 and demanded an amount of Rs.2,59,111.97. Again receipt of the said inflated bill as per the consumption shown in the faulty meter, the complainant again visited the office of the Opposite parties and requested to correct the said inflated bill and replace the faulty meter. Ultimately, after repeated visits the complainant was succeeded to get the said faulty meter replaced in the month of August, 2018, however, the opposite parties linger on the matter for transfer of the said connection in the name of the complainant. Further, as per the said new meter installed the unit consumption for the months of August, 2018 & September 2018 wherein the unit consumption was shown as 1385 units. However, the Ops kept on adding the bill amount of the earlier bills raised on account of the said faster meter which was giving wrong readings. Instead of removing the anomalies in the bills, the Ops disconnected the electricity supply to the connection in question in the month of July 2019. The complainant deposited an amount of Rs.45,305/-on 25.07.2019 under the compelled circumstances, thereafter, the Ops restored the electricity supply to the connection of the complainant in question on the same day. From the above, it is clear that the complainant again time and again put his due efforts to correct the said mistakes in the bills issued by the OPs since January, 2018 but till date nothing has been done in this regard by the Ops.  Due to the act and conduct of OPs, the complainant has suffered a great deal of financial loss, mental agony and harassment; hence, the present complaint.

2.             Upon notice, OPs No.1 to 3 appeared through counsel and filed written statement raising preliminary objections qua the complaint is not maintainable being frivolous and false; no locus standi; the complainant has not come with clean hands and concealed the true & material facts. It is submitted that an electricity connection bearing account No.8502550000 was installed in the name of Shri A.L.Verma. Thereafter, on 16-02-2018, the OPs have received an application from the complainant that the meter in question is fast and ultimately the said meter was checked by the officials of the OPs on 26-02-2018 and on 26-03-2018 the said electricity meter was found fast and the said defective meter changed with a new meter on 01.06.2018 and the said electricity meter was sent for testing in the Lab. Thereafter, the report of the said meter was received on 11.12.2019 and as per the report of the said meter, the said meter was found defective and then the account of the complainant was overhauled and after overhauling an amount of Rs.2,98,674/-with surcharged towards the complainant and the said amount was adjusted by the OPs  in the bill of 15.05.2020 and after that an amount of Rs.29,352/-was due and outstanding against the complainant on 04.8.2020 and thereafter, on 17.09.2020, the complainant had deposited an amount of Rs.15,000/- with the OPs and now an amount of Rs.14,352/- remained due towards the complainant. The said amount has not been deposited by the complainant. On merits, it is stated that no alleged request was made by the complainant to the OPs to correct the said bill. The Ops have not assured to correct the bills as per the consumption. Therefore, it has been prayed that there is no deficiency in service on the part of the OPs No.1 to 3 and as such, the complaint of the complainant is liable to be dismissed.

3.             Replication to the written statements of the OPs No.1 to 3 was filed by the complainant reiterating the contents of the complaint while controverting the contentions of the OPs.

4.             To prove the case, the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 & C-16 in evidence and closed the evidence by making a separate statement. On the other hand, the Authorised representative of Ops No.1 to 3 has tendered affidavit Annexure R/A along with documents Annexure R-1 to R-7 and closed the evidence.

5.             We have heard the learned counsels for the parties and gone through the entire record available on file including written arguments filed by the complainant, carefully and minutely.

6.             The main grievance of the complainant qua making the correction in the inflated bills has already been redressed by OPs by overhauling his account, wherein an amount of Rs.2,98,674/- has been adjusted/waived off leaving a sum of Rs.29,352/- outstanding towards the complainant. Admittedly, a sum of Rs.15,000/- has already been paid by the complainant out of said sum of Rs.29,352/- and now a sum of Rs.14,352/- is outstanding towards him.

                During arguments, the learned counsel for the complainant while expressing satisfaction qua the overhauling of the account of the complainant contended that the electric meter was found running fast as per report dated 26.03.2018(Annexure C-2) but the OPs failed to take  any action with regard to replace the said defective meter till August 2018. It is contended that the Ops have acted negligently qua the genuine grievance of the complainant. It is also contended that the complainant and his family were forced to spend several nights without light as the electric connection was disconnected by Ops without any cause and thus, it has been prayed that OPs are liable to compensate the complainant for their lapses and deficient services, which had caused mental agony and physical harassment to him.

                The learned counsel has also contended that the grievance of the complainant qua the change of the account in the name of the complainant after the death of his father has still not been redressed by OPs No.2 & 3 and thus has prayed for directions to the OPs to transfer the account of electric connection in question in the name of the complainant.

7.             On the other hand, the learned counsel for the OPs controverting the contentions of the OPs has contended that the grievance of the complainant has been redressed by overhauling his account and now a sum of Rs.14,352/- is payable by the complainant and thus, the complaint is liable to be dismissed.

8.             Since the main grievance of the complainant qua the overhauling of his electric connection in question has been redressed, now the question arises whether the complainant is entitled for compensation on account of delayed and deficient services rendered by the OPs to him. Admittedly, the electric meter was found running fast as per report dated 26.03.2018(Annexure C-2). In view of the said report, it was imperative upon the OPs No.2 & 3 to replace the said defective meter promptly and immediately but the same was replaced on 01.06.2018 as per meter change order(Annexure C-5) i.e. after a delay of more than two months. Further, the said defective meter was got tested from M & T lab, Ambala vide test report(Annexure C-6) on 03.12.2019 i.e. after a period of more than 18 months. As per said test report(Annexure C-6), the meter was found defective with remarks as “Meter is dead stop”. Therefore, after the receipt of said report dated 11.12.2019(Annexure C-6), the account of the complainant should have been overhauled immediately without any further delay but the same was overhauled on 03.02.2020 i.e. after a period of more than one and a half month, therefore, the delay and deficient services on the part of the OPs are apparent and evident from their callous, in-different and lackadaisical attitude towards the genuine grievance of the complainant. Further, the act on the part of the Ops while disconnecting the electric connection of the complainant after the test report dated 26.03.2018 (Annexure C-2) and test report dated 03.12.2019(Annexure C-6) cannot be held fair and justified on any ground; hence, the OPs are liable to be burdened with payment of adequate compensation to the complainant on account of mental agony and physical harassment suffered by him due to deficient services of the Ops.

9.             In addition to above, the grievance of the complainant qua the change of electric connection in his name has remained unredressed so far. Pertinently, there is no rebuttal of the specific averments made by the complainant in para 10 of the complaint qua his prayer about the change of the electric connection in his name. As per version of the complainant, he has already submitted all the necessary papers like death certificate of his father etc. for the change of connection in his name. Even otherwise, it is not the case of the OPs that the complainant has not submitted the required documents, which are required for the change of electric connection in his name. Therefore, the grievance of the complainant on this count is also fair, reasonable and justified.

10.            In the light of the above discussion the complaint is partly allowed with the following directions:-

1. The complainant is directed to clear his outstanding dues amounting to Rs.14,352/-.

 

2. The Ops are directed to pay a sum of Rs. 10,000/- to the complainant for their act of disconnecting the electric connection of the complainant even after the receipt of interim order dated 12.2.2020 passed by the commission whereby the Ops were restrained to disconnect the connection of the complainant.

 

The Ops are directed to recover this amount of Rs.10,000/- from the erring officials/officers who had violated the directions issued by the commission vide interim order dated 12.02.2020.

 

3. The OPs are directed to pay a sum of Rs.10,000/- to the complainant on account of mental agony and physical harassment.

 

4. The OPs are directed to pay a sum of Rs.5,500/- to the complainant on account of litigation charges.

 

5. The Ops are directed to change the electric connection in the name of the complainant subject to the deposit of requisite fee/charges etc. and submission of  the required papers, if any.   

 

               

11.            The OPs No.1 to 3 shall comply with the order within a period of 45 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 to 3. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

Announced: 25.11.2022

 

 

Dr.Sushma Garg          Dr. Pawan Kumar Saini            Satpal

                Member                     Member                     President

 

Note: Each and every page of this order has been duly signed by me.

 

Dr.Pawan Kumar Saini

   Member