Haryana

Ambala

CC/20/2015

Smt.Seema - Complainant(s)

Versus

Uttar Haryana Bijli Vitran Nigam Ltd. - Opp.Party(s)

Sudhir Seghal

04 Dec 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 20 of 2015

                                                          Date of Institution         : 22.01.2015

                                                          Date of decision   : 04.12.2017

 

1.            Smt. Seema wife of late Sh. Anil Kumar

2.       Avtar Singh son of Sh. Wazir Singh

          Both residents of house No.12-A, Kirti Nagar, Ambala Cantt.

 

                                                                             ……. Complainant.

                                                Versus

 

1.       Uttar Haryana Bijli Vitran Nigam ltd; Shakti Bhawan, Sector-6, Panchkula       through its Executive Engineer Operator Diyisionk, UHBVN ltd; 12-Cross Raod, Ambala Cantt.

2.       S.D.O. (OP) Sub Division No.2, UHBVN ltd. rai market ambala cantt.

         

 ….…. Opposite parties.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER         

                                     

 

Present:       Sh. Sudhir Sehgal, counsel for complainant.

                   Sh. Saravjeet Singh, counsel for OPs.

ORDER:

                   In nutshell, brief facts of the present complaint are that the complainants are residing in the same house and are having electricity connection in the name of complainant No.2 vide account No.MN10-3014-0 and paid the consumption charges regularly without any default. Further submitted that the complainant received the electricity bill for the period from 15.09.2014 to 15.11.2014 for an amount of Rs.3415.19 but he refused to accept the amount of actual consumption chares. Thereafter on 15.01.2015 an employee of OP No.2 came at the residence of complainant and told that if the entire amount of the bill 12.12.2014 is not made within 10 days the electricity will be disconnected from the premises. Further submitted that the complainant is a poor widow lady and is not in a position to make the payment of such a huge amount of Rs.77,981/- and is ready to make the payment of actual consumption charges. In evidence the complainants have tendered affidavit Annexure CX and documents Annexure C1 to Annexure C10.

2.                Upon notice, OPs appeared and filed reply and submitted that Sh. Anil Kumar S/o Sh. Arjun Singh and Sh. Avtar Singh i.e. complainant No.2 in the present complaint on whose name the above mentioned electricity connection bearing account No.MN10-3014-0 was released had instituted a complaint before this Hon’ble Forum earlier also wherein bill dated 30.03.2007 was challenged and the said complaint was dismissed by this Forum on 19.09.2008. In that case interim order dated 28.05.2007 was passed whereby recovery of Rs.20,926/- was demanded vide bill No.30.03.2007. However, a direction was also issued to pay the current consumption charges, therefore, they kept on depositing current consumption charges but sometimes same were not even deposited and other times it was deposited in part. The payments were made against the bills raised from December, 2005 to April, 2015 and till the pendency of above stated complaint decided on 19.09.2008 the OPs had not insisted for payment of stayed amount. Since the earlier complaint was dismissed, therefore, the complainants were liable to make the payment of outstanding dues against electricity connection bearing No.MN10-3014-0. After the decision of the earlier complaint, only part payments were made.  There is no deficiency in service on the part of OPs. Other contentions made in the complaint have been controverted and prayer for dismissal of the present complaint has been made. In evidence, the OPs have tendered affidavit Annexure R1 and documents Annexure R2 to Annexure R4.

3.                We have heard learned counsels for the parties and carefully gone through the case file.

4.                The complainants have come with the plea they have been paying consumption charges regularly without any default but they were not allowed to make the payment electricity bill for the period from 15.09.2014 to 15.11.2014 amounting to Rs.3415.19 and on 15.01.2015 the complainants were asked to make the payment of Rs.77981/- of the bill dated 12.12.2014 within 10 days failing which the electricity would be disconnected. The complainants are ready to make the payment of actual consumption charges.

5.                          On the other hand learned counsel for the Ops has submitted that earlier a complaint was instituted before this Hon’ble Forum wherein bill dated 30.03.2007 was challenged and the said complaint was dismissed by this Forum on 19.09.2008. In that case interim order dated 28.05.2007 was passed whereby recovery of Rs.20,926/- was demanded vide bill No.30.03.2007. However, a direction was also issued to pay the current consumption charges, therefore, they kept on depositing current consumption charges but sometimes same were not even deposited and other times it was deposited in part. The payments were made against the bills raised from December, 2005 to April, 2015 and till the pendency of above stated complaint decided on 19.09.2008 the OPs had not insisted for payment of stayed amount. Since the earlier complaint was dismissed, therefore, the complainants were liable to make the payment of outstanding dues against electricity connection bearing No.MN10-3014-0. After the decision of the earlier complaint, only part payments were made. There is no deficiency in service on the part of OPs and the complainants are liable to make the payment of Rs.77981/- as mentioned in Annexure C1.

6.                          After hearing learned counsel for the parties and going through the material available on the case file, it is ample clear that that the complainants have not come to this Forum with clean hands because they have concealed the material facts that the husband of the complainant and complainant No.2 had filed a complaint against the Ops challenging the bill dated 30.03.2007 issued against the account No.MN10-3014-0 (new account No.4415700000) before this Forum which was dismissed vide order dated 19.09.2008 (Annexure R3).  The OPs have specifically mentioned in the reply that the complainants were made part payment as a direction was made to pay current consumption charges. The bill dated 12.12.2014 has been issued as per rules and regulations of the Nigam and the complainants are bound to pay the electricity bill for consuming the electricity.  It is strange that once this Forum has already decided the matter vide order dated 19.09.2008, therefore, the complainants are ceased to file the present complaint and instead of filing the present complaint, they should have paid the bill dated 12.12.2014.  It is not the case of the complainant that the meter is/was defective and the OPs have issued bill on the basis of actual consumption charges.  The OPs have produced the statement of account of the complainant till 2/2017 wherein an amount of Rs.1,12,196/- has been shown as outstanding towards the complainants. It is a settled principle of law that he who seeks equity must do equity with others but in the present case the complainants have violated this basic rule of law. 

 7.                         Keeping in view the facts and circumstances of the present case we are considered view that there is no deficiency on the part of the Ops. Hence, the present complaint is hereby dismissed with as no order as to costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on: 04.12.2017                                                                                                                                            

 

                    (PUSHPENDER KUMAR)                (D.N.ARORA)                                                    Member                                            President