Haryana

Karnal

CC/371/2020

Sukhbir Kaur - Complainant(s)

Versus

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

Jitender Singh

07 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                       Complaint No. 371 of 2020

                                                        Date of instt.16.09.2020

                                                        Date of Decision:07.06.2023

 

Sukhbir Kaur wife of Shri Gurpreet Singh, resident of plot no.Hissa 22, Detention Tank Area, ward-6, Nilokheri, District Karnal.

 

                                               …….Complainant.

                                              Versus

 

1.     Uttar Haryana Bijli Vitran Nigam, Sector-6, Panchkula, through its Managing Director.

 

2.     Sub Divisional Officer (OP), UHBVNL Sub Division, Nilokheri District Karnal.

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: Shri Jitender Singh, counsel for the complainant.

                    Shri Bhanu Partap Singh, counsel for the OPs.

       

                    (Dr. Rekha Chaudhary, member)

ORDER:   

                

                 The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant is the consumer of the OP no.2, having electricity connection, vide account no.KD12-4471-H, KD12-4491-H as per bill issued by the OPs and meter no.4486 which is printed on the meter and the department was uninstalled the same and taken into custody. Thus, all meter numbers are suspicious. The electricity meter installed by OPs on 12.05.2016 at abovesaid address of the complainant. Thereafter, no electricity bill has been issued by OP to complainant and complainant visited the office of OP no.2 after two years and demanded for the electricity bill, which was provided to the complainant as per the meter no.KD12-4471-H in the name of complainant Sukhbir Kaur and showing the consume unit at the time in the bill as 226 units and amount of Rs.12,294/- as per the consume unit, which is due dated 22.11.2018 and complainant paid the said amount on dated 17.12.2018 and accordingly bill receipt issued by OP as per account no.KD12-4491-H. On 20.03.2020, husband of complainant i.e. Gurpreet Singh given an application to OP to not issued any bill, but no reply has been given by the OP no.2 and on 04.05.2020, husband of complainant moved an RTI application to OP no.2 for obtaining the information i.e. Actual Meter Number and amount of bill, which was due and outstanding against the complainant. But no information has been provided till today to the complainant. Thereafter, complainant visited the office of OP no.2 for getting electricity bill to OP no.2 and OP no.2 assured that the bill will be sent very soon, but OP no.2n never sent the bill till 14.07.2020. OP never issued any bill and on 20.07.2020 at 3.00 p.m. the employee of OPs uninstalled the electricity meter of complainant without given any notice and taken it in their custody and violated the fundamental rights as consumer of complainant, and OP given the electricity bill to the account no.KD12-4491-H to the neighbor of complainant on 20.07.2020 at 11 a.m. and as per the bill of account n no.KD12-4491-H, consume of the unit is shown in the bill 600, amount of Rs.40,612/- and due dated 23.07.2020.  The demand of bill amount of Rs.40,612/- is illegal, null and void and not binding on the rights of the complainant.

2.             The complainant consumed the electricity only one fan and two LED light which is 18 watt, which is used by complainant oftenly and the department wrongly shown meter number of complainant and wrongly issued bill. When the employee of the department visit in the area of complainant and uninstalled the meter of complainant then the complainant asked to the employee of the OP no.2 to show the said meter and then complainant click the pic on this mobile to the meter and which shown the meter no.4486. The OPs issued the two bills till today since when the meter installed, after the demand of the complainant, one of which account no. no.KD12-4471-H and receipt provided to the complainant no.KD12-4491-H, and second time issued when the meter uninstalled by the Department and OPs issued the bill against the meter account no.KD12-4491-H. Then complainant served a legal notice dated 23.07.2020 upon the OPs but no reply has been given by the OPs till day. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OP appeared and filed its written version raising preliminary objections with regard to maintainability; cause of action; jurisdiction and concealment of true and material facts. On merits, it is pleaded that an electricity connection no.KD-12-4491-H is in the name of the complainant whereas the electricity connection no.KD-12-4471-H is in the one of one Rani Devi. It is further pleaded the bills of the said connection were regularly sent to the complainant but she has not been regularly paying the same and that connection was PDCO on 02.12.2018 due to non-payment of electricity charges and same was effected on 23.07.2020 and at that time an amount of Rs.41785/- were due and outstanding against him. It is further pleaded that the bill has been issued to the complainant and same is quite legal and valid and is regarding actual consumption of electricity, hence the complainant is entitled to pay the same. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of Aadhar card Ex.C1, copy of receipt Ex.C2, copy application under RTI Ex.C3, copy of postal receipt Ex.C4, photo of meter Ex.C5, copy of electricity bill dated 05.11.2018 Ex.C6, payment receipt Ex.C7, electricity bill dated 06.07.2020 Ex.C8, copy of application dated 20.03.2020 Ex.C9, copy of postal receipt of legal notice Ex.C10, copy of legal notice Ex.C11, copy of application dated 21.11.2018 Ex.C12 and closed the evidence on 17.08.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Roop Kumar, SDO Ex.OPW1/A, detail report of consumption of electricity Ex.OP1 and closed the evidence on 12.04.2023 by suffering separate statement.

6.             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.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant is consumer of OPs and having electricity connection from the OPs. No electricity bills have been issued by OPs to complainant. Complainant visited the office of OP no.2 after two years and demanded for the electricity bill, which was provided to the complainant as per the consumption and complainant paid the said amount on dated 17.12.2018. On 20.03.2020, husband of complainant namely Gurpreet Singh given an application to OP for not issued any bill, but no reply has been given by the OP no.2 and on 04.05.2020, husband of complainant moved an RTI application to OP no.2 for obtaining the information i.e. Actual Meter Number and amount of bill, which was due and outstanding against the complainant. But no information has been provided till today to the complainant. The demand of bill amount of Rs.40,612/- is illegal, null and void and not binding on the rights of the complainant and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that an electricity connection no.KD-12-4491-H is in the name of the complainant whereas the electricity connection no.KD-12-4471-H is in the one of one Rani Devi. The bills of the said connection were regularly sent to the complainant but she has not been regularly paying the same. An amount of Rs.41785/- is due and outstanding against her. The bills have been issued to the complainant is quite legal and valid and is regarding actual consumption of electricity, hence the complainant is entitled to pay the same and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, the complainant is consumer of OPs and using the electricity connection bearing KD12-4491-H.

11.           As per version of the complainant, after installation of meter, no electricity bills have been issued by OPs. Complainant visited the office of OPs and demanded the electricity bill, which was provided to the complainant as per the meter no.KD12-4491-H in the name of complainant. Thereafter, no bill was issued to the complainant.

12.           The onus to prove her version was relied upon the complainant. To prove her version, complainant has placed on file copy of application moved under RTI Ex.C3 dated 04.05.2020  for obtaining the information i.e. Actual Meter Number and amount of bill, which was due and outstanding against the complainant,  copy of application dated 20.03.2020 Ex.C9 with regard to rectify the bill and sent the electricity bills regularly and copy of application dated 21.11.2018 Ex.C12 with regard to sending electricity bills regularly. From the above correspondence, it has been proved that OPs have not issued the electricity bills to the complainant.

13.           Moreover, electricity connection no.KD-12-4471-H is in the name of one Rani Devi and bills with regard to the said connection were sent to the complainant but complainant was not liable to the bills of said Rani Devi. Furthermore, complainant had been continuously harassed by the OPs by not issuing the electricity bills regularly. OPs have miserably failed to supply the electricity bills.

14.           Thus, in view of the above discussion and circumstances of the case, we disposed off the present complaint with the directions to OPs to overhaul the account of complainant and  to issue the electricity bills according to the average of meter-reading of succeeding six months from the disputed period by receiving the consumption charges without imposing any surcharge and penalty. OPs are also directed to issue the subsequent electricity bills as per the actual consumption and complainant is also bound to clear the same. It is made clear if any amount was already paid by the complainant from the disputed bill then it should be adjusted in the future bills.  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:07.06.2023                                                                     

                                                                President,

                                                       District Consumer Disputes

                                                        Redressal Commission, Karnal.

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

         Member                    Member