Haryana

Panchkula

CC/293/2017

SAURABH BIRTHALIA - Complainant(s)

Versus

UTTAR HARYANA BIJLI VITRAN NIGAM LTD. - Opp.Party(s)

COMPLAINANT IN PERSON

29 Oct 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PANCHKULA.

                               

Complaint Case No.	:	293 of 2017
Date of Institution	:	14.12.2017
Date of Decision	:	29.10.2018

 

 

 

 

 

 

Saurabh Birthalia S/o Sh.Om Parkash Birthalia, R/o H.No.582, Second floor, Sector-12, Panchkula, Haryana.

                                                                            ….Complainant

Versus

1.  Uttar Haryana Bijli Vitran Nigam Ltd., Industrial Area, Panchkula, Haryana, through its SDO Operation.

2.  Uttar Haryana Bijli Vitran Nigam Ltd., Vidyut Sadan, Plot No.16, Sector-6, Panchkula, Haryana through its Superintendent Engineer.

                                                                          ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

Before:      Mr.Satpal, President.   

                Mr.Jagmohan Singh, Member.

                Ms.Ruby Sharma, Member.

 

Present:     Complainant in person.

                Mr.Y.P.Rana, Adv., for the Ops.

                                         

                Today the case is fixed for arguments. The complainant in the present complaint has disputed/challenged the demand made by the Ops being exorbitant and excessive.  The complainant has made a statement that he is interested for settlement of his dispute under the waiver scheme launched by the OPs.  He has further stated that in case his grievances are not redressed then in that eventuality he shall be entitled to the restoration of the present complaint.  On the other hand the ld. Counsel for the OPs stated at bar that the OPs has no objection if the case is ordered to be sent to OPs for settlement of the dispute by the OPs as per provisions contained in the Sale Circular No.U-15/2018 if the complainant opts for the scheme and withdraws the present complaint.

                We have gone through the contents of Sale Circular No.U-15/2018 issued by UHBVNL vide Memo No.Ch-26/TR/Tariff/DS/2018/SE/C-1, dated 20.9.2018 and find that the OPs has launched a scheme for settlement of arrears of electricity bills of defaulting domestic consumers (having whole current meters) and non-domestic consumers, connected as well as disconnected, both in rural and urban areas subject to certain terms and conditions.  The said circular further contains that the principle amount of all such consumers who opts for the scheme shall be recalculated from the date of default till 30^th June-2018 as per the supply code i.e. for domestic consumers @40 units per KW per month in rural areas and 50 units per KW per month in urban areas, for non domestic consumers @75 units per KW per month in rural areas and @150 units per KW per month in urban areas without FSA, at the current applicable tariff (without subsidy).  It may be mentioned here that the default amount prior to the period i.e.30.6.2018 shall be considered for settlement as per said circular. We have also noted that the benefits of the circular in question are not admissible to those consumers whose cases are at present pending in any Judicial Forum on account of billing disputes and that if the consumer withdraws the case, he will be eligible to take benefit of the scheme.  Prima facie, the provisions of the said circular appears to be very reasonable and just and in our opinion, grievances of most of the consumers, who opts for the scheme, are likely to be settled as per the terms and conditions of the said circular. Needless to mention here that an amicable settlement of the dispute is always better than the resolution of the dispute through a long protracted contested trial. However, the pendency of the present complaint is a hindrance to the OPs for deciding the present complaint as per terms and conditions of the said circular.  Therefore, we deem it expedient in the interest of justice, equity and faire play to dispose of the present complaint with the directions to the OP No.1-SDO to consider the present complaint for settlement as per terms and conditions of the said circular. The complainant is directed to approach the SDO concerned on any working day for opting the scheme so as to enable the OPs to settle the case as per terms and conditions of the said circular. In case the complainant does not appear with the OPs within 15 days from the date preparation of this order the SDO concerned shall issue the notice to the complainant/consumer asking him to opt for the scheme if he/she/they so desires.  In case the grievances of the complainant are not redressed to his/her satisfaction he/she shall be at liberty to get the present complaint restored by filing an application in this Forum.  Though, a provision of appeal has been provided under the scheme against the order of SDO (OP) yet we deem it justifiable to grant the liberty to the complainant for restoration of the present complaint in case he/she is not satisfied. It is made clear that the present order shall be treated by the OPs as withdrawal of the case by the complaint and the Ops shall settle the case of the complainant if he/she is found otherwise entitled to the benefit under the scheme as per terms and conditions of the scheme. Complaint stands disposed of accordingly. Copies of this order be supplied to the parties concerned free of costs. File be consigned to the record-room after due compliance.

 

Dt.                (Ruby Sharma        (Jagmohan Singh)            (Satpal)

29.10.2018     Member                  Member                      President