Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 316.
Instituted on : 03.05.2010.
Decided on : 19.03.2015.
Smt. Durga Devi w/o Sh. Chand Ram, R/o 833/19 Ravidas Nagar, Rohtak.
………..Complainant.
Vs.
- S.D.O. No.1, Uttar Haryana Bijli Vitran Nigam, Rohtak.
- Executive Engineer, Uttar Haryana Bijli Vitran Nigam, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.JOGINDER KUMAR JAKHAR, PRESIDENT.
MS. KOMAL KHANNA, MEMBER.
Present: Sh.S.N.Kaushik, Advocate for the complainant.
Sh. J.S.Hooda, Advocate for the opposite parties.
ORDER
SH. JOGINDER KUMAR JAKHAR, PRESIDENT :
1. The present complaint has been filed by the complainant with the averments that the tubewell connection of DAP-11 was running in the fields of complainant for more than 40 years for irrigating the land. It is averred that the opposite party without giving any notice to the complainant had started giving bills on the basis of non-domestic connection. Complainant requested the opposite parties not to send the bills on non-domestic basis and also submitted the documents relating to agriculture land, fard etc. to the opposite parties but her request was not acceded and the bill accumulated to Rs.68761/- upto 28.04.2010. It is averred that the rate per unit of tubewell connection is 25 paise only whereas the rate of non-domestic connection is Rs.5/- per unit. It is averred that the opposite parties are unnecessarily harassing the complainant. It is averred that the complainant is ready to pay the bill as per tubewell connection but the opposite parties have illegally disconnected the connection of the complainant which amounts to deficiency in service on the part of the opposite parties and the complainant has sought that the opposite parties be directed to re-install the electricity connection of the complainant and to pay compensation on account of unnecessary harassment and litigation expenses to the complainant.
2. On notice, opposite party appeared and filed its written statement submitting therein that it is correct to the extent that an electric connection bearing No.DAP-11 was installed in the premises of the complainant. It is correct that the Nigam has sent electricity bills on the basis of spot consumption activities instead of tubewell basis. In fact the Nigam issued the bill as per consumption of energy which was used by the complainant on the spot as commercial activity. Nigam is entitled to recover the amount of electricity bills. It is submitted that the complainant is using the electricity for non domestic purpose and there is no cultivation. It is averred that the Nigam issued the bill as per consumption of energy which was used by the complainant for non-domestic purposes which she has consumed and she is liable to pay the amount of bill. It is averred that the Nigam has rightly disconnected the connection as she has not paid the electricity bills. It is averred that the complainant is not entitled for any relief and dismissal of complaint has been sought.
3. Both the parties led evidence in support of their case.
4. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, document Ex.C1 to Ex.C9 and closed his evidence. On the other hand, ld. counsel for the opposite parties has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R5 and has closed his evidence.
5. We have heard the learned counsel for the parties and have gone through material aspects of the case very carefully.
6. In the present case it is not disputed that the electric tubewell connection bearing no.DAP-11 was installed in the land of the complainant. It is also not disputed that the opposite party started sending bills on NDS basis to the complainant. The contention of ld. Counsel for the complainant is that the complainant’s land comes under the agricultural use and as per application Ex.C2 opposite party was requested to issue the bills on the basis of agriculture tubewell but the opposite party did not adhere to the requests of the complainant. To prove her case complainant has placed on record copy of order dated 28.11.2011 Ex.C4 whereby it is mentioned that the Killa No.60/21 & 22/2 i.e. agricultural land of the complainant was used for growing crops and there was a tubewell in the alleged land which was also used for irrigating the land. Copy of Khasra Girdawari is Ex.C5 & Ex.C6. Ex.C7 is the copy of Rapat to change the entry as per order of correction dated 28.11.2011 of Assistant Collector(IInd Division) & Tehsildar. As per copy of Sales Circular No.U-51/2007 placed on record as Ex.C9, it is submitted that: “The purpose of tubewell water use shall be got verified by the department and in case agriculture use is verified then AP tariff shall be applicable”. On the other hand, as per the affidavit filed by the opposite party as Ex.RW1/A it is submitted that the area where the complainant has taken the said electricity connection falls within Municipal Limits and as per sale circular No.U-51/2007 issued by the UHBVNL and document submitted by complainant, inspection at the site was conducted by ADO/competent official of the Nigam and took videography of the tubewell and type of land use and the said electrical connection false within Municipal Limits so the NDS tariff in case of complainant is applicable as NDS connection. It is further contended that the complainant is using the electricity connection for non domestic purpose and there is no cultivation”.
7. After going through the file and hearing the parties it is observed that as per sale circular Ex.C9/Ex.R3 it is clearly mentioned that: “In case of agricultural use of land is verified then AP tariff shall be applicable” and as per this letter the type of land used shall be verified by the documents e.g. copy of Jamabandi/Girdawari/Aks Shajra as issued by Revenue authorities duly showing the type of land use and site inspection by the Nigam Feeder Manager was also required. Opposite parties in their affidavit has submitted that the site was inspected by the SDO/competent official of the Nigam and took videography of the tubewell but neither the site inspection report nor videography/photographs etc. have been placed on file by the opposite parties. On the other hand, as per the documents placed on file by the complainant e.g. copy of Girdawari and copy of order dated 28.11.2011 of Assistant Collector(IInd Division) & Tehsildar it is proved that the agricultural land of the complainant where a tubewell connection was installed was used for growing crops and the alleged tubewell connection was also used for irrigating the land. Hence from the alleged documents it is proved that the land of the complainant comes under the A.P. category and the charging of bills on NDS basis by the opposite parties is illegal and amounts to deficiency in service. Hence the law cited by ld. Counsel for the opposite party 2012(1)CPC 44 titled as Sanjay Agro Industries Ltd. Vs. UHBVN Ltd. & Anr. is not applicable on the facts and circumstances of the case as in the present case the use of electricity for commercial purpose is not proved.
8. In view of the aforesaid findings and discussions it is directed that the opposite party shall re-install the connection of the complainant and shall charge the bills as per A.P.Connection tariff and overhaul the account of complainant w.e.f charging of bills on NDS basis by the opposite parties from the complainant to till date and issue a fresh bill. It is further directed that after overhauling the account of complainant, if any amount paid by the complainant accedes the fresh bill, the same shall be adjusted by the opposite parties in future bills of the complainant. Opposite parties are also directed to pay a sum of Rs.2200/-(Rupees two thousand two hundred only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision. Complaint is disposed of accordingly.
9. Copy of this order be supplied to both the parties free of costs.
10. File be consigned to the record room after due compliance.
Announced in open court:
19.03.2015.
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Joginder Kumar Jakhar, President
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Komal Khanna, Member.
