Before the District Consumer, Dispute Redressal, commission, Panchkula.

Ankush Choudhary Son of Sh.Nishi Choudhury, Resident of House No. 214, Sector-9, Panchkula                                                                                                                                                                                                                                                             ….Complainant

Versus

1.     Uttri Haryana Bijili Vitran Nigam, through its Managing Director,  Shakti Bhawan, Sector-6, Panchkula.

2.     Uttri Haryana BijiliVitran Nigam, through its Sub-Divisional  Officer (Operation), City Sub-Division, Industrial Area Phase-II,      Panchkula.

3.     Uttri Haryana BijiliVitran Nigam, through its Executive Engineer/   Operation Division, Panchkula.

                                                                    ....Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 1986.

Before:              Sh. Satpal, President.

Dr. Pawan Kumar Saini, Member.

Dr. Sushma Garg, Member.

For the Parties:   Sh. Sikander Bakshi, Advocate for complainant.   

Sh. Ghanshyam Rana, Authorized Representative on behalf of Ops (Defence of OPs already struck off vide order dated 24.09.2019).

ORDER

(Dr. Pawan Kumar Saini, Member)        

1.             The brief facts of the present complaint are that the complainant has consumed the electricity by using the electricity connection issued by the OPs bearing account No. 0737450000 & 8245650000 installed at shop No. 22 and shop No. 23, Sector-25, Panchkula. The complainant has been making the payments of the bills regularly from the last three years and there has been nothing due against the complainant in respect of the above mentioned electric connection. However, the electricity connection bearing account No. 0737450000 & 8245650000 is in the name of Sh. V.P.Chauhan and Smt. Saroj Chauhan, who are the owner of shop No. 22 and shop No. 23, Sector-25, Panchkula in which the electricity connection is installed and the complainant is Lessee in the premises for the last more than 3 years and since then the complainant is using the aforesaid electric connections. On 7^th of March 2019, the line man from the office of the OPs visited the complainant and demanded illegal amount from the complainant for the account no. 0737450000 & 8245650000 of the complainant without issuing any bill for the same. The lineman further started disconnecting the electricity supply of the said accounts. The complainant immediately informed about this to the SDO, Madanpur, UHBVN, Panchkula vide his letter dated 08.03.2019 with the request to look into the matter.

                The complainant has requested many times to Ops to look into the matter and to restrain the lineman for his illegal demand for the accounts no. 0737450000 & 8245650000 and not to disconnect the electricity connection of the complainant forcibly and illegally; but all in vain and on 19.03.2019, the Ops disconnected the electric connection of the complainant. Thereafter, the complainant again approached the office of OPs where he came to know that the bills of Rs.44,348/- and Rs.32,998/- are outstanding against the accounts no. 0737450000 & 8245650000 due to false reading of Meter Reader and he gave an accumulative bill. The complainant was running a food business for earning his livelihood and for about 3 days he was without the electricity due to which all the food items stored in the refrigerator were spoiled and the complainant suffered a huge loss. Thereafter, on 22.03.2019 the electricity connection was restored by the OPs after 3 days i.e. when the complainant made part payment of the amount of Rs.9000/- and 13,528/-. Due to this act and conduct of the OPs, the complainant has suffered harassment, mental agony and financial loss; hence, the present complaint.

2.             Upon notice, the Ops have appeared through Sh.Ghanshyam Rana, Authorized Representative to contest the complaint; but he did not file the written statement despite availing several opportunities including the last opportunity. Therefore, the defence of OPs was struck off by this Commission, vide its order dated 24.09.2019. 

3.             The complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-15 in evidence and closed his evidence by making a separate statement. 

4.             We have heard the learned counsel for the complainant and authorized representative of OPs and gone through the record minutely and carefully.

5.             After hearing the rival contentions of both the parties and going through the pleadings as well as evidence adduced on record, it transpires that the complainant being user of the electricity connection No.8245850000 and 0737450000 is the consumer of OPs.  As per version of the complainant, the demands raised by the OPs showing the consumption of electricity to the extent of 4739 units vide bill dated 08.02.2019 qua connection No.8245650000 and units 6371 vide bill dated 08.02.2019 qua connection 0737450000, are wrong, incorrect and illegal being contrary and against the actual consumption of electricity made by the complainant.

                  On the other hand, the Ops have failed to file the written statement/reply, despite having taken sufficient time and resultantly, their defence was struck off vide our order dated 24.09.2019 and thus, there is no rebuttal and controversial to the contentions of the complainant

                The Authorised representative, who is present before the Commission, on behalf of OPs, has claimed that units shown in the two separate disputed bills dated 08.02.2019 qua the electricity connection No.8245650000 and 0737450000 is based on the actual consumption of electricity made by the complainant and thus, there is no error or mistake in bills while raising the demand in respect of 4739 units qua connection No.8245650000 vide bill(Annexure C-5) and 6371 units qua connection 0737450000 vide bill(Annexure C-6).

                To rebut the contentions of the Ops, the ld. counsel for the complainant invited out attention towards the “previous consumption pattern” as has been shown by the Ops themselves in the middle part at right hand side of the bills(Annexure C-5 & Annexure C-6), which have been tabulated, to decide the controversy in a proper and fair manner, as under:-

PREVIOUS CONSUMPTION PATTERN QUA CONNECTION NO.8245650000.

DISPUTED PERIOD.

PREVIOUS CONSUMPTION PATTERN QUA CONNECTION NO.0737450000

 6.            From the perusal of above said table and other relevant record placed on the file in the shape of electric bills etc. we find force in the contentions of the complainant whereas the contention of the OP seems to be not genuine and correct on the following grounds:-

i)      That the bi-monthly average consumption of electricity qua      connection No.8245650000 as per previous consumption   pattern comes to 250 units bi-monthly and the bi-monthly    average consumption of electricity qua connection   No.0737450000 as per    previous consumption pattern comes to 209 units, which are much below the 4739 numbers of units         qua electricity connection No.8245650000 and also much below         the 6371 numbers of units qua electricity connection        No.0737450000 raised vide the disputed bill dated 08.02.2019   (Annexure C-5) qua connection No.8245650000 and bill dated      08.02.2019(Annexure C-6) qua connection No.0737450000,         respectively. 

ii)      That the several applications/representations which are     available on record as Annexure C-2, C-3, C-4 were submitted by the complainant before the OPs No.2 & 3 with regard to   wrong billing qua the said connections, but the OPs instead of    looking into the grievances and without hearing the   complainant, took the harsh step by disconnecting the        electricity connections.  

iii)     That OPs have failed to furnish any rational and reasonable       justification for the steep variation between the average      consumption of electricity as reflected in previous consumption       pattern of both the connections vis-à-vis the consumption shown to the extent of the 4739 numbers of units qua electricity   connection No.8245650000 and the 6371 numbers of units qua    electricity connection No.0737450000 raised vide the disputed         bill dated    08.02.2019(Annexure C-5) qua connection No.        8245650000 and bill dated 08.02.2019(Annexure C-6) qua     connection No.0737450000, respectively.    

iv)     That the Ops have not ruled out the possibility of jumping of the    electric meter because of which the units to the extent of the        4739 numbers of units qua electricity connection No.    8245650000 and the 6371 numbers of units qua electricity         connection No.0737450000 have been found recorded.

7.             In the light of above discussion, we deem it expedient and proper in the interest of justice to dispose of the present complaint by directing the OPs to overhaul the account of the complainant for the disputed period i.e. from 11.11.2018 to 12.01.2019 by taking the average of 317 units as base because the complainant had used the units to this extent in the bill dated July-2018 qua electric connection No.8245650000 and also to overhaul the account No.0737450000  by taking the  average of 254 units as base, because the complainant had used the units to this extent in the month of July-2018 and it is ordered accordingly. The Ops shall issue the fresh bill to the complainant for 317 units in place of 4739 units qua connection No.8245650000 and shall issue the bill to the complainant for 254 units in place of 6371 units qua connection No.0737450000 after overhauling the account of the complainant as directed above without any surcharge/interest/penalty within two months from the receipt of copy of this order and thereupon the complainant is directed to deposit the bill which is to be issued by the Ops within one month from the date of issue of such corrected bill failing which the complainant shall pay surcharge for the defaulting period.  However, it is made clear that if any amount found deposited by the complainant in excess, the same be adjusted in the account of the complainant and if any amount found to be recoverable for which the fresh bill be issued as directed above. 

8.             Apart from the exorbitant demand made by the OPs vide disputed bills Annexure C-5 & C-6 on account of wrong billing, the ld. counsel for the complainant has also prayed for compensation on account of mental agony, harassment and litigation charges. The ld. counsel has further claimed compensation on account of loss of earning as well as the loss caused due to spoiling of eatable goods etc. which were stored in the fridge.  As per complainant, the eatable items got spoiled due to disconnection of electricity connections wrongly by the OPs. However, the complainant has not furnished any detail of eatable items, which have been spoiled/ruined, so no amount can be granted to the complainant on this account. In fact, the complainant suffered mental agony, harassment as well as financial loss as he was compelled by the act and conduct of the OPs to seek remedial action by filing the present complaint; hence, the OPs are directed to pay a lump-sum compensation of Rs.5,000/- to the complainant on account of mental agony, harassment and litigation charges.

9.             The OPs No.1 to 3 shall comply with the order within a period of 60 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 to 3. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

Announced: 23.02.2022

Dr. Sushma Garg         Dr. Pawan Kumar Saini           Satpal

                Member                    Member                      President

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

                                Dr. Pawan Kumar Saini                                                                
                                          Member