Haryana

Karnal

CC/193/2019

Ram Chander - Complainant(s)

Versus

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

Parveen Samdhyan

17 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                       Complaint No. 193 of 2019

                                                        Date of instt.10.04.2019

                                                        Date of Decision:17.06.2022

 

Ram Chander son of Molu Ram, resident of village Jhamba, Tehsil Nighdu, District Karnal.

                                               …….Complainant.

                                              Versus

 

Uttri Haryana Bijli Vitran Nigam through SDO, Sub Division, Nilokheri, District Karnal

                                                                      …..Opposite Party.

 

Complaint Under Section 12 of the Consumer Protection Act, 1986 and after amendment Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.

              Shri Vineet Kaushik……Member

      Dr. Rekha Chaudhary…….Member

                   

 Argued by: Sh. Parveen Samdhyan, Adv. for the complainant.

                   Shri Bhanu Parpap Singh, Adv. for the OP.

 

                    (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 party (hereinafter referred to as ‘OP’) on the averments that complainant is consumer of OP and having an electricity connection bearing no.L22KJ30-1616H. Complainant has been regularly paying the electricity bill. The last bill paid by the complainant on 26.07.2018 amounting to Rs.1730/-. Thereafter, complainant has not been received any bill from the OP for a short period of time and that time complainant was not in good health. After that, complainant received a bill of Rs.28211/-and complainant was shocked to see the bill amount. Complainant visited the office of OP enquired about the matter. The official of the OP misguided the complainant by saying that his bill for the year 2015-2016 was pending. The complainant has been regularly paying the bill and nothing is due against him. Thereafter, complainant visited the office of OP so many times and requested for correction of the said bill, but OP did not pay any heed to the request of complainant and lingered the matter on one pretext or the other. In this way there is deficiency in service on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version raising preliminary objections with regard to maintainability; locus standi; cause of action; jurisdiction and concealment of true and material facts. On merits, it is admitted that complainant lastly paid Rs.1730/- on 26.07.2018. It is pleaded that the bills from 7/18 to 5/19 were being sent to the complainant on average basis as the reading was shown very low by the meter of the complainant. On 24.09.2018 the Internal Audit Party of the Nigam checked the account of the complainant and overhauled the account of the complainant by taking the consumption analysis from 14/2015 to 3/2018 and then an amount of Rs.20,578/- were found chargeable from the complainant which were debited in account of the complainant and then the bill for Rs.27211/- was rightly sent to the complainant. The account of the complainant was overhauled as per the sales circular no.U-15/2014. The bill sent to the complainant is quite legal and valid and he is bound to pay the same. 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.

3.             Parties then led their respective evidence.

4.             Complainant has tendered into evidence his affidavit Ex.CW1/A, copy of electricity bill dated 07.05.2018 to 07.06.2018 with payment receipts Ex.C1, copy of electricity bill dated 07.02.2019 to 07.03.2019 Ex.C2, copy of bill payment receipt dated 26.07.2018 Ex.C3, copy of electricity bill dated 07.11.2019 to 07.12.2019 Ex.C4 and closed the evidence on 03.01.2020 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Raj Kumar LDC Ex.OP1/A, copy of detail report of account of complainant Ex.OP1, copy of consumption analysis report Ex.OP2 and closed the evidence on 28.03.2022 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 the complainant, while reiterating the contents of complaint, has vehemently argued that complainant is consumer of OP and he is paying the electricity bill regularly. The last bill paid by the complainant was on 26.07.2018 amounting to Rs.1730/-. Thereafter, complainant has not received any bill from the OP for a short period of time. After that, complainant received a bill of Rs.28211/- Complainant visited the office of OP and enquired about the matter. The official of the OP misguided the complainant by saying that his bill is for the year 2015-2016 that was pending whereas complainant has been paying the electricity charges regularly. Complainant visited the office of OP so many times and requested for correction of the said bill, but OP did not pay any heed to the request of complainant and prayed for allowing the complaint.

8.             Learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that bills from 7/18 to 5/19 were being sent to the complainant on average basis as the reading was shown very low by the meter of the complainant. On 24.09.2018 the Internal Audit Party of the Nigam checked the account of the complainant and overhauled the account of the complainant by taking the consumption analysis from 14/2015 to 3/2018 and then an amount of Rs.20,578/- were found chargeable from the complainant which were debited in account of the complainant and then the bill for Rs.27211/- was rightly sent to the complainant. The account of the complainant was overhauled as per the sales circular no.U-15/2014 and prayed for dismissal of the complaint.

9.             Admittedly, the complainant is consumer of OPs and using the electricity connection bearing no. L22KJ30-1616H .

10.           The OP has taken a plea that Internal Audit Party of the Nigam has checked the account of the complainant and overhauled the account of the complainant by taking the consumption analysis from 14/2015 to 3/2018 and then an amount of Rs.20,578/- was found  to be chargeable from the complainant which was debited in account of the complainant and the bill for Rs.27211/- had been rightly sent to the complainant.

11.           It is evident from the Consumption Analysis report Ex.OP2, the bill was sent to the complainant from 10.02.2015 to 10.12.2016 on average basis and after overhauling the account of the complainant an arrear of Rs.20597/- has shown.

12.           To rebut the abovesaid report, complainant has not placed on file any documentary evidence to prove that said report is not as per actual consumption of electricity. Hence, complainant has miserably failed to prove his case by leading cogent and convincing evidence. Thus, we are of the considered view that there is no deficiency in service and unfair trade practice on the part of the OPs.

11.           In view of the above discussion, the complaint is devoid of any merits and same deserves to be dismissed and same is hereby dismissed. No order as to costs. Parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:17.06.2022

                                                                       

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

               

                (Vineet Kaushik)              (Dr. Rekha Chaudhary)

                    Member                       Member