Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 455.
Instituted on : 04.08.2017.
Decided on : 21.05.2019..
Ram Mehar s/o Sh. Ganga Ram, Age 54 years, R/o Type-III Quarter No.70, Revenue Colony, Rohtak.
………..Complainant.
Vs.
- UHBVNL, through S.D.O. Op.Sub Division No.1, Rohtak.
- The Executive Engineer(OP) City Division, UHBVNL, Rohtak.
- Superintending Engineer, UHBVNL, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
DR. RENU CHAUDHARY, MEMBER
Present: Sh.Naresh Kumar Advocate for the complainant.
Sh.Dharmender Kamboj, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant is consumer of opposite parties bearing electricity connection no.0R41-A142-1388 installed on dated 26.08.2014 at the premises of complainant. That respondent sent electricity bill for the period 26.08.2014 to 03.12.2014 on average basis of the amount Rs.3966/-. That the electricity bill was on higher side so the complainant requested the opposite parties to correct the bill and issue the same after necessary correction in accordance with actual consumption. That after giving assurance by the opposite parties to correct the bill, complainant deposited the said bill but no adjustment was made by the opposite parties. That the officials of the opposite parties were neither regular in taking the reading of the electricity meter nor they ever cared to supply the electricity bill to the complainant well in time. That complainant received a bill for the period 09.02.2016 to 02.05.2016 in which the consumption of the complainant was shown as 2913 units. That the complainant approached the respondents to check his meter whether the meter was faulty as it was not possible to record such a huge consumption of the complainant without there being any fault in the meter. That complainant deposited the alleged bill in two installments under protest at the assurance of the respondents to adjust the same in future bills but after payment, no action was taken by the respondents.. Hence this complaint and the complainant has prayed for directing the opposite parties to correct the bill for the period 09.02.2016 to 02.05.2016 as per actual consumption and to refund the excess amount paid by the complainant alongwith compensation and litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties who appeared and filed their written reply submitting therein that respondents issued the electricity bill dated 26.08.2014 as per units consumed by the complainant, which is legal and complainant is liable to pay the same. That official of the respondents regularly made his visit to record units consumed by the complainant. That the respondents have issued the bill to the complainant for the period 09.02.2016 to 02.05.2016 as per actual units consumed by the complainant and the complainant is liable to pay the same. It is prayed that the complaint may kindly be dismissed with costs.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C17 and has closed his evidence. Ld. counsel for the OP has tendered affidavit Ex.RW1/A, and the evidence of the opposite party was closed by the order dated 15.01.2019 of this Forum.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. Through this complaint, the complainant counsel submitted that the complainant has received a bill for the period 26.08.2014 to 03.12.2014 amounting to Rs.3966/- which was on higher side and he moved an application before the department on dated 09.12.2014 which is Ex.C3 but no action was taken by the opposite parties. Thereafter respondent officials issued the bills as per the consumption. The complainant placed on record copy of bills Ex.C4, Ex.C5, Ex.C6 and Ex.C7 for the period 05.08.2015 to 12.05.2016. . The contention of ld. counsel for the complainant is that the officials of the opposite parties did not take the actual reading of the meter of the complainant without going on the spot and issued a bill Ex.C7 amounting to Rs.31240/- which is on higher side. The complainant and his wife are handicapped Govt. employees who remains on duty and they have very little consumption of electricity and have only two fans, one washing machine and CFL bulbs in their premises. Hence the bill Ex.C7 was wrongly issued by the opposite parties without any basis.
6. We have perused all the relevant documents placed on record by both the parties. In the present complaint, respondent has only filed written statement and affidavit and no other document has been placed on record by the respondent officials. The bill Ex.C7 is issued for the period of 09.02.2016 to 02.05.2016 i.e. for 83 days and the units consumed are shown as 2913. In this bill previous consumption pattern is also mentioned which is shown as under:-
Bill month Units Status
Dec-2014 728 OK
Mar-2015 908 OK
May-2015 463 OK
Aug-2015 204 OK
Nov-2015 711 OK
Feb-2016 135 OK
Ld. counsel for the complainant has placed on record bills Ex.C16 issued on dated 09.05.2017, whereby the complainant consumed only 339 units in 59 days for the period 28.02.2017 to 28.04.2017 and Ex.C17 issued on 06.07.2017 after showing the consumed units as 905 for the period of 3 months i.e. from 28.04.2017 to 03.07.2017. Ld. counsel has submitted that the respondent officials have wrongly issued an excessive bill Ex.C7 for the period 09.02.2016 to 02.05.2016 for 83 days showing the consumption of 2913 units and has also pleaded that the actual reading was not taken by the officials of the opposite parties at the spot. A false and fabricated record was prepared by the respondent officials itself sitting in their office and without visiting the premises of the complainant. It cannot be believed that the complainant who was utilizing the electricity energy from 31.10.2015 to 09.02.2016 for a period of 101 days for 135 units, can consume the 2913 units for 83 days i.e. w.e.f. 09.02.2016 to 02.05.2016 as shown in the bill Ex.C7. From the bills itself shows that the respondent’s officials have not visited the spot for recording the reading of the complainant and they have prepared a false and fabricated record to show that complainant has utilized 135 units for 101 days and if the department was recorded the reading well within time in that situation the complainant can obtain the benefits of the slab calculation which given by the department to its consumers. But due to negligence of the respondents’ officials, they have charged an amount of Rs.24759/- against 2913 units from the complainant and they have charged as per slab of Rs.6.75/- per unit from the complainant. Had the respondent officials have recorded the reading well within time, in that situation, the complainant might have got benefit as per slab calculation because as per bill Ex.C6 the slab calculation for 135 units was Rs.2.70/- per unit whereas as per bill Ex.C7, the complainant was charged @ Rs.6.70/- per unit which is on higher side. The complainant also moved an application Ex.C8 before the opposite parties on dated 24.05.2016 for correction of the alleged bill and he pleaded that he has no electric appliances except 2 fans, one washing machine and four CFL bulbs. Complainant also personally appeared before the opposite parties in their office for redressal of his grievances which is supported by the photocopy of newspaper cutting Ex.C15 but no action was taken by the opposite parties. As such there is deficiency in service on the part of opposite parties.
7. In view of the facts and circumstances of the case, complaint is allowed and it is directed that opposite parties shall overhaul the account of the complainant w.e.f. May 2015 to May 2016 by adding all the units consumed during this period and divided all the same in six bimonthly bills and shall issue the fresh bill for the period 09.02.2016 to 02.05.2016 as per applicable tariff to the complainant and thereafter shall adjust the amount already paid by the complainant in future bills. It is made clear that opposite parties shall not charge any surcharge or interest for the alleged period from the complainant. Opposite parties shall also pay an amount of Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
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:
21.05.2019.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
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Renu Chaudhary, Member
