Haryana

Karnal

CC/187/2019

Des Raj Sachdeva - Complainant(s)

Versus

Uttar Haryana Bijlii Vitran Nigam Limited - Opp.Party(s)

Amit Sachdeva

05 Aug 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.187 of 2019

                                                         Date of instt. 08.04.2019

                                                         Date of decision:05.08.2019

 

Des Raj Sachdeva son of Late Shri Thakur Dass plot no.91, Kachwa Road, Ram Nagar, Karnal.                                                                            

…….Complainant

                                        Versus

 

Uttar Haryana Bijli Vitran Nigam Ltd. Sub Division Ram Nagar, having its office at New Prem Nagar Karnal Hanumann Mandir, near Govt. School, Prem Nagar, Karnal through its Sub Divisional Officer (Ram Nagar Sub Division).

                                                                      …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act.    

       

Before   Sh. Jaswant Singh……President.       

              Sh. Vineet Kaushik………Member

              Dr. Rekha Chaudhary……Member

 

 Present:  Shri Amit Sachdeva Advocate for complainant.

                 Shri Yasbir Singh Advocate for opposite party.

 

                (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant’s father Thakur Dass (since deceased) availed a Small power (S.P.) connection in the name of Thakur Dass account no.3300620000 in the Sub Division of Ram Nagar Karnal since more than 50 years back. The father of the complainant died in the year 1995 and since then, complainant is in use of the abovesaid electricity connection, therefore, the complainant is a consumer as defined under Electricity Act. The electricity connection was availed by the father of the complainant for the purpose of running chakki work and other relevant job works related to Agriculture such as Mustard oil expeller and paddy de husking machine and the said electricity connection was used by the father of the complainant for earning his livelihood and after the death of his father complainant use the abovesaid connection for the purpose of his livelihood till today. In the month of December, 2017 complainant received the electricity bill for the abovesaid electricity connection, vide bill no.2131405USP061008 issuing date 12.12.2007 for Rs.5136/- for the month of December, 2017 where the unit consumed were mentioned as 970.9 and the same was calculated up to the consumed reading of 9746.0 and the same was paid by the complainant via Paytm vide receipt no.4663395592. Since January, 2018 complainant has not received the electricity bill for the abovesaid connection of electricity. Thereafter, complainant continuously visited the office of the OP and requested to issue the electricity bill but till April, 2019 no electricity bill was provided. Finding no way, the complainant served a legal notice dated 9.8.2018 upon the OP in this regard but it also did not yield any result. On 4.4.2019 the employees of the OP came to the visit to the premises of the complainant and told that they have come to disconnect the abovesaid electricity connection due to non-payment of bill. Complainant said that he has not received/issued any bill till date and requested not to disconnect the electricity connection. The complainant immediately went to the office of the OP and their staff gave bill for the said connection of Rs.2,42,774/-. The date of issue of bill was mentioned as 25.03.2019 and the last date was mentioned as 1.4.2019. The period of bill is mentioned in the bill for 35 days and unit consumed mentioned as 34250/-.

2.             Further, it is pertinent to mention here that there is lack on the part of the OP not issuing the electricity bill. The OP has issued a bill, the due date of payment of the bill has already been gone, than how can the complainant pay the bill on due date of 1.4.2019. It is also noticeable that the last reading is mentioned as Zero(0). The complainant has already paid the bill upto the reading of 9746.9 in December, 2017. The complainant got surprised and requested to OP that the bill is incorrect as the bill up to reading 9746.7 has already paid by the complainant and also requested that the complainant is a poor person and the said connection is the only source of the livelihood of complainant and requested to issue the correct bill and not to disconnect the connection, but OP flatly refused the genuine request of complainant. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

3.             Notice of the complaint was given to the OP, who appeared and filed written version raising preliminary objections with regard to jurisdiction; locus standi; maintainability; and concealment of true and material facts. On merits, it is pleaded that the availing connection in the name of father of the complainant namely Thakur Dass. The complainant does not fall within the definition of consumer as alleged because he has been using the electricity for commercial activities and earning a lot and as such is not competent to knock the door of this Forum. It is further pleaded that the electricity connection of the complainant is of S.P. category and as per the sales circular of the Nigam, the bills to such type of connection are calculation from KWH to KVAH basis but after the replacement of the meter of the complainant same was not entered in the system of the OP and as such the bills were sent on KWH basis and due to this reason bill were not sent to him and the complainant paid last bill of Rs.5136/- on 19.12.2017 and thereafter till date he has not paid any bill. It is further pleaded that in the month of February, 2019 the reading of the meter of the complainant was taken from “0” and he was found 34270 and the account of the complainant was overhauled and calculation of the amount was made on KVAH basis and after that an amount of Rs.2,42,774/- became due towards the complainant and over that amount neither any interest. The bill sent to the complainant is quite legal and valid and complainant is liable to pay the same. The bill which was paid by the complainant was on KWH pattern whereas the bill was to be charged on KVAH pattern. It is further pleaded that in the aforesaid bill the OP has not credited any surcharge or interest or any other delayed charges. There is no deficiency in service on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

4.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C13 and closed the evidence on 30.05.2019.

5.             On the other hand, OP tendered into evidence affidavit of C.A. Ex.R1 and copy of statement of account Ex.R2 and closed the evidence on 1.8.2019.

6.             We have appraised the evidence on record, the material circumstances of the case and the arguments advanced by the learned counsel for the parties.

7.             Learned counsel for the OP argued that the matter in controversy is regarding the small power category connection which comes under the definition of commercial category and as such this Forum has got no jurisdiction to decide the complaint. On the other hand, the learned counsel of complainant argued that the said electricity connection was availed by the father of the complainant for earning his livelihood and after his death, complainant is also used the said connection for the livelihood. If the electricity connection had used for any commercial activity, same must be in the name of any firm or company, but the connection is in the name of an individual and is in use of complainant. Learned counsel of complainant relied upon the  judgments cited in M.S.E.D Co. Ltd. Vs. Smt. Mangal Bai wife of MulChand Gupta Hon’ble State Commission Maharashtra, vide judgment dated 10.03.2017 in which it is held that “We find that it is specifically stated by the complainant In the complaint that it is a small scale industry and livelihood of her and her family members are dependent on the said small scale industry. The said version is not rebutted by the OPs adducing cogent evidence. We find that Forum has rightly considered that the complaint is maintainable as the service of the OPs are not availed purely for commercial purpose to earn profit by complainant. Hence there is no substance in submission of ld. Advocate of appellant about the same. Finding no merits in the appeal same is dismissed.” And in case cited in M/s CESC Ltd. Vs. Shri Pardip Gupta Hon’ble State Commission Kolkata in case no.FA-580/10, vide order dated 29.07.2011 in which it is held that “We have carefully perused the records and judgments relied upon by the ld. counsels & it is seen that there it is specifically stated in the complaint by the complainant that complainant is enjoying commercial connection for earning his livelihood. As per section 2(1)(d)(ii) of the Consumer Protection Act, Commercial purpose does not include by a person of goods bought and used by him and services availed by him exclusively for the purpose of earning his livelihood by means of self-employment. In view of such section complainant can come before the Forum for redressal of his grievance. Also the complainant admittedly enjoying the commercial electricity connection for earning his livelihood, but he is not selling electricity to others for earning profit, therefore, present complainant can be terms as complainant within the preview of Consumer Protection Act.”

8.             In view of the above judgments and facts of the case, we are of the considered view that Atta Chakki connection in question is for the purpose of earning the livelihood of complainant only. Thus, this Forum has jurisdiction to decide the present complaint.

9.             As per the version of the OP the electricity connection is of S.P. category as per the sales circular of the Nigam, the bills of such type of connection are calculated from KWH to KVAH basis but after the replacement of the meter, same was not entered in the system of the OP and because of that as such the bills were not sent to the complainant. The complainant has paid last bill of Rs.5136/- on 19.12.2017 and thereafter till date he has not paid any bill. In the month of February, 2019 the reading of the meter was taken from “0” and it was found 34770, and after overhauled the account of the complainant, the bill  was calculated with an amount of Rs.2,42,774/- and was  sent to the complainant.

10.           OP has completely failed to prove that when and why the electricity meter of the complainant was changed. As per bills Ex.C7 to Ex.C12 complainant had paid the electricity connection/bills upto November, 2017. It is admitted case that complainant paid last bill of Rs.5136/- on 19.12.2017. It is also admitted case after that i.e. December, 2017, no bill has been issued by the OP. The learned counsel for the OP argued that after replacement of the meter, same was not entered in the system of the OP. There is no force in the arguments advanced by the learned counsel of OP. It is the duty of the OP to enter the new meter in the system and issued the electricity bill to the complainant.

11.           The OP issued the bill Ex.C5 for the amount of Rs.2,42,744/- on 1.4.2019. The old meter reading has shown as ‘0’ and new as 34250 for the period of 35 days. When the complainant has already paid the bill for the reading upto 9746.9  units and new bill cannot be issued from the ‘0’ reading from the same meter.

12.           When since January, 2018 the electr4icity bill has not been received by complainant thereof complainant had been continuously requesting to the OP to issue the bills but till April, 2019 no electricity bill has been provided by OP. Then complainant served a legal notice Ex.C3 to the OP on dated 9.8.2019. In the legal notice it was clearly mentioned by complainant in notice that  he will not be responsible for any late payment charges if any levied by the OP. Legal notice was not replied by the OP. The learned counsel of complainant argued that complainant never denied for the payment of bill to OP.

13.           As per bills Ex.C1 to Ex.C12, after July, 2017, new meter number 1329933 was installed by the OP and after that complainant has paid all bills till December, 2017 issued by OP. Electricity bills were not issued by the OP from January, 2018 till April, 2019. It is admitted facts with insufficient record of OP. The plea taken by the OP that due to installing of the new meter, same was not entered in the billing of the OP and due to that no bills were sent to the complainant. OP cannot blame upon the complainant for his own wrong. It was the duty of the OP to send the bill as per actual reading on record. Thus, the act of the OP amounts to deficiency in service and unfair trade practice.

14.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to provide fresh bill after deducting the paid amount of bill upto the reading of 9746.9 regarding the new meter no.1329933 without imposing the any delay payment charges and other penalties. We further direct the OP to pay Rs.15,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied within 30 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:05.08.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

               

        (Vineet Kaushik)     (Dr. Rekha Chaudhary)

            Member                     Member