Haryana

Karnal

CC/676/2019

Jahnooman Ram - Complainant(s)

Versus

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

10 Aug 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

 

                                                         Complaint No. 676 of 2019

                                                          Date of instt.30.09.2019

                                                          Date of Decision 10.08.2021

 

Jahnooman Ram son of Shri Bhola Ram, resident of village Balu, Tehsil and District Karnal.

                                                 …….Complainant.

                                              Versus

 

1.   Uttar Haryana Bijli Vitran Nigam, Sub Division Nissing-132024, Karnal.

2.     Uttar Haryana Bijli Vitran Nigam Ltd., C-16, Vidyut Sadan, Sector-6, Panchkula-134109.

 

                                                                      …..Opposite Parties.

 

Complaint Under section 12 of the Consumer Protection Act, 1986 as amended Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

 

 Argued by: Shri J.B. Rohilla counsel for complainant.

                    Shri K.S. Dhakla counsel for opposite parties.

 

                    (Jaswant Singh President)

ORDER:   

                

                         The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 as after amendment Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant is consumer of OPs and having an domestic electricity connection bearing no.YD18-1536-W. Complainant is paying the electricity bills regularly and average of bill for two months was coming as Rs.290/-. The complainant received a bill from the OPs for Rs.43,792/- which is very excessive. Complainant went to the office of OPs and enquired about the said bill. Then OPs told that the said bill included the bill belonging to his son namely Karambir. The son of complainant resided separately from him and electricity connection of his son was also different i.e. account no.SP01-1005-K then why the complainant would pay the bill amount belonging to his son. Son of complainant died on 21.06.2011 and after that electricity connection belonging to him was not used then why the OPs had sent the disputed bill. Complainant is an old aged person and has no source of income, thus, he is unable to pay the amount of disputed bill. In this way there is deficiency in service on the part of the OPs. Hence the complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, who appeared and filed written version raising preliminary objections with regard to jurisdiction; maintainability; locus standi and concealment of true and material facts. On merits, it is pleaded that a domestic connection bearing no.YD-18/1536 is running in the name of complainant in village-Balu, Tehsil Nissing, District Karnal. It is further pleaded that Internal audit party no.12 raised a half margin No.139 dated 06.07.2015 for the period 10/2014 to 03/2015 for an amount of Rs.43504/- of the electricity connection No.SP-01/1005 (New no.YL-98/1004) (Small Power Category) in the name of Shri Karambir Singh son of Shri Dhuman Singh resident of Village Balu, District Karnal, who was the son of complainant Shri Jaynooman @ Dhuman Singh. The said connection was disconnected due to outstanding defaulting amount of Rs.43504/- vide PDCO no.47/296 on 12.12.2014. OP no.1 was written a letter memo no.414 dated 24.05.2019 to Shri Bhalle Ram, JE/area Incharge, for checking the defaulting site, whether the defaulting premises having any other electricity connection. The concerned area in-charge checked the site and reported that a domestic connection is also running at the same premises in the name of complainant. After verification, the amount outstanding Rs.43504/- has been transferred in the domestic connection account no.YD-18/1536 as per Nigam instructions vide SCAR no.203/67/462 in the month 7/2019. It is further pleaded that both of connection Small Power & Domestic connection were running in the same premises due to separate category connections. There is no proof submitted by complainant that his son was residing separate from him.  It is further pleaded that complainant stated in his complaint that his son was died on 21.06.2011, but after the death of his son the connection has been used by complainant till the outstanding defaulting amount of Rs.43504/-. The bill of small power connection account no.YL-98/1004 was lastly paid as Rs.7393/- on 23.04.2014, however the son of complainant has been died on 21.06.2011. There is no deficiency in service on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A, copies of bills Ex.C1 to Ex.C3, and closed the evidence on 11.02.2020 by suffering separate statement.

4.             On the other hand, OPs tendered into evidence affidavit of K.K.Yadav SDO Ex.OPW1/A, ledger copy Ex.OP1, half margin copy/Audit report Ex.OP2, Sundry copy no.462/67/203 Ex.OP3, letter for inspection of premises Ex.OP4 and closed the evidence on 18.03.2021 by suffering separate statement.

5.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

6.             Learned counsel for complainant argued that complainant is having an electricity connection no.YD18-1536-W in his premises. He has received a bill of Rs.43,792/- inspite the fact that he was paying his electricity consumption charges regularly without any fail. On approaching the OPs, they told that the disputed bill amount is of the electricity connection belonging to his son, whereas his son was residing separate from him before his death. He further argued that as per Section 56(2) of Electricity Act, 2003, the OPs cannot recover any dues from any consumer after the period of two years from the date when such sum became first due. He lastly prayed for allowing the present complaint.

7.             Per contra, learned counsel for OPs argued that the son of complainant died on 21.06.2011 and after his death, the connection has been used by the complainant till the outstanding defaulting amount of Rs.43,504/-. The electricity connection belonging to son of complainant has been disconnected due to outstanding defaulting amount of Rs.43,504/-, vide PDCO no.47/296 dated 12.12.2014. OP no.1 wrote a letter dated 24.05.2019 to Shri Bhalle Ram JE for checking the defaulting site with regard to the fact that whether there is any other electricity connection at the premises or not, who in turn informed that there is another domestic connection is running in the name of complainant. After verification, the amount has been transferred in the account of complainant as per instructions of Nigam. He further argued that as per Section 56 (1) of Electricity Act, 2003, the OPs have every right to recover the dues from the complainant. He further argued that the complainant has not placed on record any proof regarding separation from his son and prayed for dismissal of complaint.

8.             As per version of OPs, internal audit party no.12 raised a half margin for the period 10/2014 to 3/2015 for an amount of Rs.43,504/- for account no.SP-01/1005 (new no.YL-98/1004), which was in the name of Karambir Singh son of Dhuman Singh alias Jahnooman Ram. The aforesaid account has been disconnected due to outstanding defaulting amount, vide PDCO no.47/296 dated 12.12.2014.

9.             Learned counsel for OPs brought the attention of this Commission toward Section 56 (1) of Electricity Act, 2003 which is reproduced as under:-

Section 56 Disconnection of supply in default of payment – (1) Where any person neglects to pay any charge for electricity or any sum other than a charge for electricity due from him to a licensee or to the generating company in respect of supply, transmission or distribution of wheeling of electricity to him, the licensee or the generating company may, after giving not less than fifteen clear days’ notice in writing, to such person and without prejudice to his rights to recover such charges or other sum by suit, cut off the supply of electricity and for that purpose cut or disconnect any electricity supply line or other works being the property of such licensee or the generating company through which electricity may have been supplied, transmitted, distributed or wheeled and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and reconnecting the supply, are paid but no longer;

10.           On the other hand, learned counsel for complainant brought the attention of this Commission towards Section 56(2) of Electricity Act, which is reproduced as under:-

Section 56 (2) Notwithstanding anything contained in any other    law for the time being in force, no sum due from any consumer, under this section shall be recoverable after ht period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.

11.           As per version of OPs, according to the instructions issued vide SCAR No.203/67/462, the OPs have right to transfer the defaulting amount in the account of another connection installed at the same premises but the OPs have failed to place on record any such instructions either at the time of evidence or at the time of arguments. Further, as per Section 56 (1) of the Electricity Act, 2003, the         OPs have right to disconnect the electricity connection and to recover the defaulting amount but as per Section 56 (2) of the Electricity Act, 2003, any sum due from a consumer under this section shall not be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown      continuously as recoverable as arrear of charges. In the present case, as per OPs the sum was due in the year 2014 and transferred the outstanding amount as arrears in the account of complainant in the year 2019 i.e. after the gap of five years. Neither the outstanding dues towards the son of complainant have been claimed within two years nor same has been continuously shown as arrears of charges in the previous electricity bill of complainant before the year 2019. Furthermore, the OPs have failed to explain that as to why the outstanding amount had not been claimed by them within time.

12.           Hence, keeping in view the above discussion, the act of OPs while transferring of defaulting amount in the account of complainant and recovering the same after the gap of five years amount to deficiency in service and unfair trade practice.

13.           In view of abovesaid discussion, we allow the present complaint and direct the OPs not to recover Rs.43,504/- and any surcharge accrued thereupon from the complainant in any manner. We further direct the OPs to issue fresh bill to the complainant after deducting the aforesaid amount and surcharge thereupon, on the basis of consumption of the electricity connection of the complainant and complainant shall pay the subsequent bills regularly. We further direct the OPs to pay Rs.10,000/- to the complainant on account of mental agony and harassment and towards the litigation expenses.  This order shall be complied with within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced

Dated: 10.08.2021

 

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

(Vineet Kaushik)            

                     Member