Haryana

Panchkula

CC/57/2016

DAVINDER KUMAR. - Complainant(s)

Versus

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

COMPLAINANT IN PERSON.

17 Oct 2016

ORDER

BEFORE  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.                                                   

Consumer Complaint No.	:	57 of 2016
Date of Institution	:	11.03.2016
Date of Decision	:	17.10.2016

Davinder Kumar, R/o House No.1077, Sector 12-A, Panchkula.

 

                                                                                      ….Complainant

Versus

1.       Uttari Haryana Bijli Vitran Nigam Ltd., (A Govt. Haryana Undertaking) C-8, Shakti Bhawan, Sector-6, Panchkula, Haryana.

2.       S.D.O, OP S/Division, U.H.B.V.N.L., Industrial Area, Panchkula.

 

                                                                      ….Opposite Parties

 

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

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

 

For the Parties:     Complainant in person.

                             Mr.Alka Joshi, Adv., for the Ops.

 

ORDER

(Dharam Pal, President)

 

1. The complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 against the Ops with the averments that he has an electric connection bearing a/c No.0093140000 and paying the electricity bill regularly. The Ops demanded Rs.16,037/- vide bill No.009313429933 dated 11.12.2015 for the month of December, 2015 for unit 884 only in which an amount of Rs.9942 (12452/- - Rs.2510.30) has been added under the head “Sundry Charges/Allowances”. In the bill it was mentioned that “SOP-CATEGORY-II-800 UNITS AND A REVERSAL OF RATE REVEISION SOP REVERSAL OF RATE REVISION FSA”. But there was no other remedy to this problem. The complainant requested the Ops to adjust the amount of Rs.9942/- but they did not adjust the same. The complainant also sent an email to OPs on 09.01.2016 but they did not refund the overcharge amount. This act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.
2. The Ops appeared and filed written statement by taking some preliminary objections such as estoppal, maintainability, concealment of material facts from this Forum etc. have been taken. It is submitted that the complainant is using domestic electricity connection vide account No.093140000 and the complainant was using the units 3500 to 4000 in summer and 1500 to 2000 in winters. The meter of the complainant was found dead in the month of December, 2013 and there was no reading for the period from 08.10.2013 to 12.12.2013 and no meter reading was checked/carried out due to inadvertent mistake. The meter of the complainant was changed in the month of February, 2014. However, in the month of December, 2014, the unit consumption was 1926. The bills were audited and the bill for the month of 08.10.2013 to 12.12.2013 was found NIL inadvertent, therefore, the Department issued the bill for the month of 08.10.2013 to 12.12.2013 on the average basis of month of December, 2014. It is denied that the complainant was consuming 884 units only. The complainant has also not paid the bill for the month of December, 2013. It is denied that there were no arrears of bill. It is denied that sundry charges had been added under the head “Sundry Charges”. Thus, there is no deficiency in service and untrade practice on the part of OPs and prayed for dismissal of the complaint.
3. In order to substantiate his case, the complainant has tendered into evidence affidavit Annexure C-A alongwith documents Annexure C-1 to C-3 and closed his evidence. On the other hand, the Ops has tendered into evidence by way of affidavit Annexure R-A alongwith documents Annexure R-1 & R-2 and closed the evidence.
4. We have heard the complainant as well as counsel for the Ops and gone through the disputed bill dated 28.12.2015 (Annexure C-1), wherefrom it reveals that the complainant is using domestic supply for sanctioned load of 12 KW and the bill has been sent for Rs. 16,037.00 regarding consumption of 884 during the period from 10.10.2015 to 10.12.2015 costing Rs. 6095.41 plus an amount of Rs. 9942 (Rs.12452/- - Rs.2510.30) levied as Sundry Charges/Allowances. The brief details of Sundry Charges/Allowances has been given as “SOP-Category-II-800 Units and A Reversal of Rate Revision SOP Reversal of Rate Revision FSA” but neither any detail of amount of Sundry Charges/allowances has been shown in the bill in question nor Ops have anywhere explained in the written statement that on what basis and for which period, the aforesaid amount has been levied. The Ops have contended that the “electricity meter of the house of the complainant was found dead in the month of December, 2013 and no reading was taken for the period from 08.10.2013 to 12.12.2013 and since no meter reading was checked/carried out due to inadvertent mistake. The meter was changed in the month of Feb, 2014. However, in the month of December, 2014 the meter unit of the consumption comes to 1926. The bills were audited. However, in the audit of the bills, the bill for the month of 08.10.2013 to 12.12.2013 was found NIL inadvertent, therefore, the deptt issued the bill for the month of 08.10.2013 to 12.12.2013 on the average basis of month of December, 2014”. Perusal of Audit report (Annexure R-1) placed on record by Ops reveals that a sum of Rs. 12,652/- has been proposed for recovery from the complainant pertaining to the period from 08/13 to 10/13 arbitrarily by the Audit Party.  Thus without going further aspect of the case we have come to the conclusion that the said demand of the Ops is clear cut violation of Section 56(2) of the Electricity Act, which says as under:-

“Disconnection of supply in default of payment

1.  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 the 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”.

5. As such, the Ops have adopted unfair trade practice by imposing a sum of Rs. 9942 in the bill dated 28.12.2015 under the garb of sundry charges on the basis of Audit Observation Report even without producing any record before the Forum relating to period of alleged dead meter installed at the premises of complainant and thus we are of the view that the aforesaid amount of Rs. 12452/- has been levied by the Ops arbitrarily & without affording any opportunity of hearing to the complainant. Further, our Hon’ble State Commission (Haryana State Consumer Disputes Redressal Commission, Haryana, Panchkula) has held in one similar case titled as Dakshin Haryana Bijli Vitran Nigam Ltd. & Anr. Vs. Raiji Bai reported in 2009 (1) CLT Pg. 526 that “Electricity Act, 2003, Section 56-Sales Circular No.27/96-Electricity bill-Sundry Charges-Demand made by Ops on the basis of objection raised by the Audit Party-Ops were duty bound to supply the necessary details of the audit report and to give a proper notice in terms of the Sales Circular which it has not complied with-Demand also barred in view of Section 56 of the Act, 2003-Order of the District Forum setting aside the demand upheld”.  
6. Therefore, in view of the facts discussed above, we have no hesitation in holding that Ops have not only committed unfair trade practice with the complainant rather they are deficient in providing proper services to the complainant. Accordingly, the complaint is partly allowed and the Ops are directed not to charge sundry charges amounting to Rs. 9942/- (Rs.12452/- - Rs.2510.30) as levied in the bill dated 28.12.2015 from the complainant and correct the bill dated 28.12.2015 & all other bills issued thereafter relating to Account No.  0093140000   of complainant accordingly.
7.  This order be complied with within a period of 30 days from the receipt of certified copy of this order.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

Announced

  17.10.2016                        Anita Kapoor                           Dharam Pal

                                                Member                                   President

 

 

Note: Each and every page of this order has been duly signed by me.

 

    

                                 

                                                     Dharam Pal

                                                              President