Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                    Complaint No. : 69.

                                                                    Instituted on     : 12.02.2019.

                                                                    Decided on       : 22.09.2020.

Satish Kumar s/o Sh. Ram Kishan  R/o H.No.505, Sector-6, Rohtak..

                                                                      ………..Complainant.

                                                Vs.

UHBVNL, Rohtak through S.D.O. Sub Division No.1, Rohtak.

……….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. RENU CHAUDHARY, MEMBER.

Present:       Sh. Naresh Kumar, Advocate for complainant.

                   Ms. Ranjana Raperia Advocate for opposite party.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                          Brief facts of the case are that complainant was allotted the plot no.505 in Sector-6, Rohtak and at the time of construction of plot, he had applied for electricity connection to the department of opposite party and temporary connection bearing A/c No.3852344113 was issued to him by the opposite party as NDS connection by saying that at the time of starting the construction only temporary connection was to be issued by the Department as per rules and he was advised to apply for regular connection of electricity after completion of construction. Accordingly, after completion of construction, the complainant applied for regular connection on dated 17.07.2017 and had deposited the requisite fees in this regard on dated 18.08.2017 for new permanent connection and had also requested to remove the meter earlier installed on temporary basis. But the opposite party did not provide the regular connection for a considerable long period and continued to issue the bills on NDS basis whereas no commercial activity is carried out at the house of complainant and the same is being used for residential purpose. An illegal bill for the period 21.02.2018 to 27.06.2018 was issued to the complainant for 96481 units for Rs.1032476/- and further another illegal bill for the period 27.06.2018 to 24.08.2018 for 44412 units against the same account i.e. temporary connection bearing no.3852344113 was issued on NDS basis. These bills were issued without noting actual reading by the meter reader of the department while sitting in the office.  The complainant requested the opposite party to issue the bills on the basis of permanent DS connection but he was directed to deposit the fee again in December 2018. Complainant gain deposited the fee on 31.12.2018 for new permanent connection but he is still not being provided regular electricity connection and the bills are being issued on NDS basis without taking any reading. The electricity bill for the period 30.12.2018 to 24.01.2019 for Rs.28481/- has also been issued in an illegal way. The complainant visited a number of times to the office of respondent for doing the needful and requested them to issue the bills as per actual consumption in domestic category but the opposite party did not pay any heed to the requests of the complainant. The act of opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to release the electricity connection on permanent basis w.e.f. July 2017 i.e. the date on which it was applied for by the complainant and to calculate/reassess the electricity charges afresh by treating the said connection in DS Category w.e.f. the very date when it was applied for, to withdraw/cancel the demand raised by opposite party on account of arrears on the basis of electricity charges calculated by them treating the consumption to be commercial since the period July 2017 to January 2019, to refund the amount/fee paid twice for the connection(on dated 18.07.2017 and 31.12.2018) for the same purpose and also to pay compensation and litigation expenses to the complainant as explained in relief clause.

2.                          After registration of complaint, notice was issued to the opposite party. Opposite party appeared and filed its written reply submitting therein that complainant applied for NDS connection on dated 18.07.2017 and the respondent issued a receipt of NDA connection. It is submitted that the respondent department make a rule for second receipt and payment for the DS connection but the complainant did not pay the amount of second receipt and after a long period, the complainant make the payment on dated 31.12.2018 and accordingly the second receipt dated 31.12.2018 was issued. The answering opposite party has rightly made a demand of arrears of Rs.29333/- and the complainant is liable to pay the same as per the rules of the Nigam.  The complainant made the payment of second receipt  on 31.12.2018, hence as per the rules of department, they converted the connection from NDS to DS on 31.12.2018. Hence the complainant is liable to pay the electricity charges as per NDS connection upto 31.12.2018. So the answering opposite party has rightly made a demand of arrears of Rs.29333/- and the complainant is liable to pay the same as per the rules of the Nigam.  The complainant made the payment of only one bill amounting to Rs.2758/- dated 27.11.2017 since the date of NDS connection i.e. 19.05.2016. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.

4.                          Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and closed his evidence on 08.07.2019. Ld. counsel for the opposite party has tendered affidavit Ex.RW1/A closed her evidence on dated 14.08.2019. 

5.                          We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

6.                          In the present case, as per the complainant, he had applied for new connection at the time of construction of his plot No.505, Sector 6, Rohtak and he was given NDS connection by the department on the ground that DS connection will be given after completion of the plot. Accordingly after completing the construction, complainant applied for domestic connection vide application dated 17.07.2017 and made the payment vide receipt Ex.C3 dated 18.07.2017 for Rs.3885/-. The opposite party asked the complainant to deposit the occupation certificate to the department, which was also deposited by the complainant. But the opposite party did not provide the new domestic connection to the complainant and continued to send the bills on NDS basis. Complainant was again directed to deposit the fee for the new DS connection and accordingly he had paid the same vide receipt Ex.C4 dated 31.12.2018. The grievance of the complainant is that  opposite party has illegally issued the bills on the basis of NDS connection whereas the fee for permanent domestic connection was paid on 18.07.2017. It is also contended that opposite party has illegally charged the fee twice for new connection from the complainant, did not issue the new domestic connection for a long period and continue to issue the bills on NDS basis.  To prove his case, complainant has placed on record receipts Ex.C1 & Ex.C2 for New Connection Temporary and Ex.C3 & Ex.C4 for New Connection Permanent and also placed on record copy of consumption history Ex.C5, email Ex.C6 and bill Ex.C7.

7.                          A thorough perusal of the receipt Ex.C3 shows that complainant had duly applied for new permanent domestic electricity connection (DS) vide application dated 17.07.2017 and receipt dated 18.07.2017, but till 31.12.2018, the alleged connection was not issued to the complainant. The contention of the opposite party is that the respondent department make a rule for second receipt and payment for the DS connection but the complainant did not pay the amount of second receipt and after a long period, the complainant make the payment on dated 31.12.2018 and accordingly the second receipt dated 31.12.2018 was issued. But opposite party has failed to place on record any supportive document to prove the alleged rule of the department. We have observed that initially the new temporary electricity connection was applied by the complainant on dated 19.05.2016 and the complainant had deposited an amount of Rs.4040/- on account of new connection processing fee and ACD security-Non energy. The complainant also deposited an amount of Rs.1100/- on the same date i.e. on 19.05.2016 on account of meter installation charges and meter security-Non Energy. In this way, he had completed all the required formalities for new temporary connection. Thereafter he has deposited an amount of Rs.3885/- for new connection permanent(DS) on dated 18.07.2017 vide application dated 17.07.2017. After applying for the new connection by the complainant on dated 17.07.2017, no update was given by the department regarding regularisation of connection of the complainant till 31.12.2018. Complainant also deposited amount of Rs.3600/- on dated 31.12.2018. The application Number on both the receipts Ex.C3 & Ex.C4 is 263643691153 and date of application is 17.07.2017.  But even after applying twice on dated 17.07.2017 and 31.08.2018, opposite party did not change the category from NDS to DS and issued the bill Ex.C7 dated 01.02.2019 on NDS basis, whereas opposite party has also failed to prove the fact that any commercial activity was being carried out at the premises of complainant. As per ledger sheet placed on record as Annexure JN-A, Annexure JN-B and bills Annexure JN-D to Annexure-JN-G, the complainant had deposited some amount during this period.  Hence there is great deficiency in service on the part of opposite party and opposite party is liable to compensate the complainant.   

7.                          During the pendency of the case, on dated 20.07.2020 an application was moved by the complainant and in this application it has been mentioned that the  current reading till is 15670 units till 07.07.2020. As per ledger Annexure-JN-A, till July 2017, the reading was 1052 units. Meaning thereby, the consumption w.e.f. July 2017 to July 2020, complainant had consumed 14618 units and as such he is liable to pay only for 14618 units till July 2020. As such ledger Annexure-JN-A and Annexure-JN-B shows that the opposite party issued false and fabricated bills at their own on average basis without taking any reading from the spot. Hence the complainant is not liable to pay the alleged bills and is only liabel to pay the bill of 14618 units w.e.f. July 2017 to July 2019.

8.                          In view of the facts and circumstances of the case, complaint is allowed and opposite party is directed to release the domestic connection on permanent basis w.e.f. July 2017, to reassess the electricity consumption charges by treating the connection as domestic from the date of application i.e. 17.07.2017, to cancel the demand raised by the opposite party on account of  arrears calculated by them treating the connection as NDS w.e.f. July 2017 to January 2019, to refund the amount of new permanent connection paid on second time on 31.12.2018 i.e. Rs.3600/-(Rupees three thousand and six hundred only).

9.                          It is made clear that after re-assessing the amount of bill w.e.f. 17.07.2017 on the basis of domestic connection, opposite party shall overhaul the account of complainant w.e.f. 17.07.2017 to till date and shall issue a fresh bill by adjusting the amount already paid by the complainant for the alleged period. Opposite party shall further 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 within one month from the date of decision.   However, complainant is directed to pay the outstanding bill, if any amount is due towards the department. The same will be paid by the complainant within 15 days from the date of issue of fresh bill by the department. On the other hand, if any amount is payable by the department, the same shall be adjusted in the account of complainant in future bills within one month from the date of decision, failing which , opposite party shall be liable to pay interest @ 9% p.a. on the alleged amount from the date of order till its realization to the complainant.

10.                       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:

22.09.2020.

                                                          ........................................................

                                                          Nagender Singh Kadian, President

                                                            ………………………………….

                                                                        Renu Chaudhary, Member.