Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 311
Instituted on : 02.07.2019
Decided on : 14.11.2023
Ramphal aged 67 years, s/o Sh. Banwari Lal R/o Near Railway Station, Ward No.1, Kalanaur, District Rohtak.
.......................Complainant. Vs.
- Uttar Haryana Bijli Vitran Nigam Kalanaur, District Rohtak through SDO.
- Uttar Haryana Bijli Vitran Nigam Kalanaur, District Rohtak Sub urban Division, through X.E.N.
- H.E.S.L. through Field Officer, Opp. UHBNL, Kalanaur.
…………...Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Complainant in person.
Sh.Sunil LM for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that one electricity connection bearing account no. R31SLK20193W has been installed at the premises of complainant. In the bill of December 2015, the status of meter for the month of February is shown as N/Fix, for the month ofApril 2016 O/Min and for the month of August, October the status is shown as ‘O/Ok’. In the month of August the status is shown as N/Fix and thereafter it is shown as D/fix, N/Fix, O/Ok and O/Min. There was no defect in the meter but still the meter was replaced in 2017. In the bill dated 11.06.2019 an excess bill amount of Rs.11346/- was added. Complainant requested the opposite parties so many times and also moved a written complaint to the SDO. Then he was told that the alleged amount was added by the audit party in the bill. Complainant made the part payment of Rs.6000/- on dated 28.06.2019 but despite repeated requests of the complainant, the bill was not rectified by the opposite parties. Hence this complaint and it is prayed that opposite parties may kindly be directed to correct the bill and also to pay compensation on account of mental tension & harassment and also to pay Rs.11000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite parties in their reply has submitted that the meter of the complainant was remained defective during the period June 2016 to December 2017 and the electricity bill to the complainant was issued on average basis. Thereafter when the meter of complainant was changed then according to the consumption of new meter, the previous account pertaining to the period of defective meter was overhauled and the bill already paid by the complainant on average basis was adjusted and the amount of Rs.11346/- was added in the bill of complainant to overhaul the account. The electricity bills have been issued as per rules made under Electricity Act and as per consumption of electricity by the complainant. The meter was replaced as per the policy of department. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint.
3. Complainant in his evidence has tendered his affidavits Ex.CW1/A, documents Ex.C1 to Ex.C16 and closed his evidence on dated 03.11.2020. Learned counsel for opposite parties has tendered affidavit Ex. RW1/A, documents Ex. R1 to Ex.R4 and closed his evidence on dated 19.01.2021.
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 complainant is paying the regular electricity bills regularly as demanded by the respondent officials regarding the consumption of electricity. He further submitted that respondent officials demanded an amount of Rs.11346/- in the bill dated 11.06.2019 more than the consumption. He is not entitled to pay the same because he is regularly paying the electricity charges as and when demanded by the department. We have minutely perused the documents placed on record by both the parties. As per the complainant Rs.13446/- has been charged as arrears in the billEx.C1 and he is not liable to pay the same. We have minutely perused the written statement and affidavit filed by the opposite party. As per respondent, the electricity meter of the complainant was remained defective during the period June 2016 to December 2017 and during this period the electricity bill of the complainant was issued on average basis. New meter has been installed in the premises of the complainant and after that as per consumption of the new meter, the previous amount of the complainant for the defective period was overhauled as per HERC instructions/circular vide SC No.U2016 dated 26.07.2016 and regulation no.6.9.1. after adjusting the average paid bill by the complainant, the balance amount was added in the future bill of the complainant i.e. amounting to Rs.11346/-. So the complainant is liable to pay the same to the respondent as per electricity act and rues made by the department. At the time of arguments a half margin report issued by the UHBVN internal audit has been placed on record by the respondent. The perusal of this half margin report itself shows that the meter of the complainant was defective from the period June 2016 to December 2017 and the department charged the electricity bill from the complainant during this period. We have minutely perused the rules placed on record by the respondents as Ex.R4. As per the regulation 6.9.1, billing in the case of defective/sticky/burnt meter, should be assessed as under:-
(a) On the basis of consumption recorded during corresponding period for previous year when the meter was functional and recording correctly.
(b)In case the same is not available, then on the basis of average consumption of the past 6 months immediately preceding the date of the meterbeing found/reported defective.If period of installation of meter is less than six months, then the consumer shall be billed on the basis of average consumption of the period from the date of installation of the meter,to the date of the meter being found/reported defective.
(d) In case no previous correct consumption date is available, owing to new connection or otherwise, the consumer shall be billed provisionally for the units as mentioned in the table below:
The perusal of this rule itself shows that the department will take the reading of corresponding period of previous year if the meter of the consumer becomes defective any time. As per rule (a) & (b) mentioned above, previous consumption should be taken at the time of preparing the half margin report of the defective period. But in the present case the respondent officials have taken the reading of subsequent one year at the time of assessing or overhauling the account of the complainant for the defective period. The perusal of document ‘Annexure-JNA’ itself shows that the base for assessment has been taken from 25.10.2017 to 01.08.2018 but the regulations says something else. So the department itself has violated the sales circular and regulations of its own department. The respondent officials should take the reading of corresponding period of previous year at the time of assessment of defective period. The average of six bimonthly bills of corresponding period of previous one year comes to 136units(for 2 months). The complainant deposited the electricity bill from June 2016 to December 2017 more than the average units i.e. 136 bimonthly. So the department is not entitled to charge the alleged amount and the demand of Rs.11346/- it illegal as per their sale circular or regulations. Hence there is deficiency in service on the part of opposite parties
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party not to charge the amount of Rs.11346/-from the complainant and if any extra amount has been charged from the complainant in the form of interest, surcharge or penalty, the same should be refunded to the complainant alongwith interest @ 9% p.a. from the date of deposit to till its realization. Opposite parties are further directed to pay a sum 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 and to adjust the alleged awarded amount in the future bills/account of the complainant.
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:
14.11.2023
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Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
………………………………..
Vijender Singh, Member.
