Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 125.
Instituted on : 18.02.2021.
Decided on : 18.10.2021.
Raghuvir Singh Ahlawat Advocate age 86 years, son of Sh. Munshi Ram resident of House no.716/22 Jhang colony Rohtak.
………...........Complainant.
Vs.
- Uttar Haryana Bijli Vitran Nigam Ltd. Panchkula through its Managing Director.
- Superintendent Engineer Op. Circle, UHBVN Rohtak.
- Executive Engineer, City Operation Division UHBVN Model Town, Rohtak.
- S.D.O. Op. Sub Division no.1 UHBVN Model Town, Rohtak.
……….Opposite parties
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.TRIPTI PANNU, MEMBER.
Present: Sh.V.S.Singhal, Advocate for the complainant.
Sh. Jagdish Khatri, Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant is consumer of opposite parties having account No.3798360000 DS which is installed at his residential premises for domestic purpose. The complainant has been regularly paying the electricity energy consumed and never defaulted in same. Opposite parties issued a bill in the month of August 2020 amounting to Rs.19728/- and in the said bill, old meter reading were shown as 97884 and new meter reading was not shown. Complainant deposited the said amount with the opposite parties on 26.08.2020. After that opposite parties again sent a bill in the month of December 2020 amounting to Rs.25467/- and in this bill also, old meter reading was shown as 97884 and new meter reading was not shown. The complainant deposited the said amount on 23.12.2020. Opposite parties have again issued bill dated 11.02.2021 amounting to Rs.53887/- and in this bill, old meter reading is shown as 97884 and new meter reading is shown as 112997 and unit consumed shown as 15113 and energy charges have been shown as 107302/- and after adjustment of other charges and excess credit , complainant has been asked to deposit Rs.53887/-. This bill issued by the opposite parties is wrong and the complainant is not liable to pay the same. The opposite parties have shown the meter reading for the last more than 6 months in a single bill and slab of higher rate has been applied by the opposite parties. The slab for calculation applied by the opposite parties is wrong and illegal and amount calculation is wrong and excess. The above said act on the part of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to withdraw the bill dated 11.02.2021, to supply details regarding calculation of amount and to make necessary correction in the bill and record and not to demand any excess amount and also to pay Rs.50000/-on account of causing mental harassment and litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that the complainant new reading of the meter could not be recorded due to some fault to which the bill was issued to the complainant on average basis. The final reading of the meter of the complainant was recorded on 12.07.2021 which is from 10.02.2020 to 12.07/2021 which comes to consumption of 21444 units and the bill has been raised for the above consumption for Rs.166052/- out of which bills already paid by the complainant during the above period amount to Rs.45194/- + Rs. 17855/- =Rs.63049/- has been deducted and final bill for the payment according to final reading taken on 12.07.2021 is amounting to Rs.102902/- for which current bill has been issued to the complainant and last and final bill has been issued for Rs.119628/-. The charges are according to the units consumed by the complainant and no surcharge has been charged from him for the back period. The amount has been charged as per consumption of the electricity meter. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. On dated 13.10.2021, ld. Counsel for the complainant made a statement that he is ready to pay the bills Ex.C1 & Ex.C2 placed on record by the opposite parties excluding the surcharge and the documents already placed on record by the complainant be read in evidence and closed his evidence on 13.10.2021. On the other hand, Sh. Kuldeep C.A., OP S.Divn. No.1 made a statement that reply of complaint alongwith reply of stay application and documents filed by the opposite party be read in evidence.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that as per para no.3 of the reply filed by the opposite parties, it is submitted that new reading of the meter could not be recorded due to some fault to which the bill was issued to the complainant on average basis. Thereafter the final reading was recorded on 12.07.2021 and the bill was issued accordingly. But perusal of the bills Ex.C1 and Ex.C2 shows that the surcharge has also been levied in these bills. If any reading was not recorded by the opposite parties, then it was the fault of the department/opposite parties and no surcharge should have been levied upon the complainant. Hence the imposing of surcharge in the alleged bills is illegal and amounts to deficiency in service. Moreover, as per the statement made by the complainant on dated 13.10.2021, complainant is ready to pay the bills excluding the surcharge.
6 In view of the facts and circumstances of the case, we hereby allow the complaint and directed the opposite parties to waive off the surcharge levied in the bills Ex.C1 amounting to Rs.2944/- & Ex.C2 amounting to Rs.3432/-. On the other hand complainant is directed to pay the alleged bills without surcharge within 10 days to the opposite parties from the date of decision. Opposite parties are further directed to pay Rs.4000/-(Rupees four thousand only) as compensation on account of deficiency in service and litigation expenses to the complainant and also to adjust the same in future bills of the complainant. Order shall be complied within one month from the date of decision.
7. 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:
18.10.2021.
.....................................................
Nagender Singh Kadian, President
..........................................
Tripti Pannu, Member.
