Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 443
Instituted on : 02.08.2022
Decided on : 02.09.2024
Santosh Devi age 62 years, w/o Late Sh.Hukam Chand R/o House No.250/11, Nehru Colony, Rohtak.
……….………….Complainant.
Vs.
- XEN, S.D.O. Division City, Rohtak, Sub Division R-43, Industrial Area, Rohtak.
- S.D.O. Division City Rohtak, Sub Division R-43, Industrial, Rohtak.
...........……Respondents/opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: None for complainant.
Sh.Sandeep Jain, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that she is having an electricity meter No.609660000 in her house and she is paying the bills regularly. The alleged meter was defective but despite that the employees of opposite parties were taking the reading from the meter. Due to which complainant received a bill of Rs.4322/- dated 23.11.2021. Complainant moved a complaint for the alleged excessive bill and the opposite parties changed the meter but despite that opposite parties are harassing the complainant. The complainant received a bill of Rs.720/- in the month of January for 11 days but when the complainant deposited the bill it shown Rs.810/- and she deposited the bill. On 07.02.2022 when the officials of opposite party came to take the reading then they gave the bill of Rs.1441/- to the complainant and thereafter the opposite party sent another bill on dated 17.02.2022 amounting to Rs.2040/-. The alleged bills sent to the complainant were illegal. Complainant requested the opposite parties to correct the bills but to no effect. Hence this complaint and it is prayed that opposite parties may kindly be directed to correct the alleged bills and to refund the amount of approximately Rs.20000/- charged from the complainant illegally alongwith interest, to refund the amount added in the bill on account of charges of new meter and also to pay Rs.50000/- as compensation on account of mental agony & harassment and Rs.11000/- as litigation expenses to the complainant.
2. After registration of complaint notices were issued to the opposite parties. Opposite parties in their reply has submitted that the billing of connection is based on reading shown by meter & in case of faulty meter, billing is on average basis & billing for month of 12/2021 is on average basis. The bill for the month of 12/2021 has been generated on average basis of Rs.4322/- as MCO of the account number has not updated in the system due to migration of date from SDO No.3 to SDO Industrial Area Sub Division being creation of new Sub Division. The bill for the month 12/2021 has been revised in the month of January 2022 and the month of previous bill of Rs.4322/- has been adjusted which is generated for the period of 67 days(07.10.2021 to 18.10.2021) as the meter was changed on dated 18.01.2021. The bill amount of Rs.710/- is issued on average basis.In between MCO has been updated and the system charges of Rs.100/- for installation charges of new meter and added in the bill shown in the system. Therefore the amount shown of Rs.810/- for the payment on website. The new meter has been recorded in consumer account & bill for the period of 112 days of Rs.2040/- rendered. The excess amount of Rs.100/- deposited by the consumer has been adjusted against the meter installation charges and the cost of new meter of Rs.600/- has been added in the bill. After correction of previous bill in the month of January 2022 the bill Rs.2040/- issued to the consumer but till date he has not paid his corrected bill. The consumer complained on CM window on dated 17.02.2022 but the meter of the consumer has already changed on dated 18.10.2021 and also the bill of the consumer is revised in 12/2021. The bill has been rectified on complaint of consumer and Rs.378/- were adjusted. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
3. Ld. counsel for complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C13 and closed his evidenced on 08.11.2023. Ld. Counsel for opposite party has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R15and closed his evidence on 08.11.2023.
4. We have heard learned counsel for the opposite parties and have gone through material aspects of the case very carefully.
5. Through this complaint the complainant has pleaded that respondent officials have wrongly issued bill dated 07.02.2022 amounting to Rs.1441/- and another bill dated 17.02.2022 amounting to Rs.2040/-. She has pleaded that respondent be directed to correct the bills issued by the department and further demanded an amount of Rs.50000/- on account of mental agony & harassment and Rs.11000/- as litigation expenses from the department. We have issued an interim direction to the respondent officials on dated 04.11.2022 not to demand the disputed bill amounting to Rs.12999/- and complainant was directed to deposit Rs.3000/- with the respondent officials against this bill. In compliance of the order dated 04.11.2022 the complainant had deposited an amount of Rs.3000/- in the respondent office on 14.11.2022. We have minutely perused the documents placed on record by both the parties. SDO(Operation) Sh. Jitender Kumar appeared in person on 08.11.2023 and made a statement that the complainant had not deposited the current bills so the electricity connection has been disconnected by the respondent. He further stated that a direction was given by this Commission to the complainant to deposit the current consumption charges but despite the instructions, the complainant has not deposited the current consumption bills. So her connection was disconnected. He placed on record affidavit Ex.RW1/A, documents Ex.R1 to Ex.R15 and closed his evidence.
6. In fact the complainant complained with the respondent officials that a wrong bill has been issued to the complainant. After that the respondents found that the reading in the electricity meter of the complainant were ‘Not visible’ so the meter change order ( MCO) was issued on 18.10.2021. The respondent removed the meter no.566228 from the premises of complainant on 19.10.2021 with the report that the reading are not visible and installed a new meter bearing no.65971611. This MCO has neither been signed by the SDO nor by the consumer. The respondent officials again changed the meter of the complainant on dated 07.02.2023. This time the respondent officials changed the meter number 65971611 having reading ‘2793 kwh’ and installed a new meter bearing no.A5078040 on the complaint of the complainant as the meter was running fast. The respondent officials placed on record a payment history as Ex.R11. Perusal of this payment history itself shows that the complainant had paid an amount of Rs.3000/- on 14.11.2022 after the instructions of this Commission. Thereafter he paid an amount of Rs.2125/- on 05.01.2023, Rs.1260/- on 17.03.2023, Rs.1486/- on 25.04.2023 and Rs.1457/- on 20.06.2023. Meaning thereby the complainant had paid the electricity energy charges upto May 2023. It is admitted fact that second MCO has been issued on 07.02.2023 and new meter was installed in the premises of complainant on the same day i.e. 07.02.2023. As per our view the complainant had paid the electricity charges from 07.02.2023 to May 2023 and new meter was installed in the premises of complainant on the same day i.e.07.02.2023. This fact has been proved from the perusal of payment history Ex.R11. We have perused the bill Ex.C9/Ex.R8. The perusal of this bill shows that through this bill the respondent officials have charged an amount of Rs.10763/- as current consumption charges and after adjustment of Rs.2452/- as provisional adjustment and adding the amount of outstanding dues & security deposit etc., issued a total bill amounting to Rs.18440/-. As per our view in the bill Ex.C9 the respondent officials billed 849 units for the period 21.12.2022 to 14.06.2023 (meter no.65971611). The meter no.65971611 had already been removed by the department on 07.02.2023 i.e. Ex.R3 and in this document the reading has been mentioned as 2793. If the meter has already been removed by the department then why the department has issued the bill after showing the meter reading as old 3196, new 2793 in meter no.65971611. Meaning thereby the respondent had already received excess amount from the complainant of the meter no.65971611. Moreover the department has issued a bill after showing the consumption as 1056 of one day i.e. from 14.06.2023 to 15.06.2023. As per our view meter no.A5078040 was installed in the premises on 07.02.2023 and after installation of electricity meter, the complainant is regularly paying the electricity charges which is proved from the payment history placed on record by the respondent as Ex.R11. So the respondent has wrongly issued the bill Ex.C9 to the complainant. Hence there is grave deficiency in service on the part of opposite parties because despite rectifying the electricity bills of the complainant, respondents have issued wrong bills repeatedly i.e. 03.07.2023 and 17.10.2023. He had already paid the bills upto May 2023. The new reading in the meter was 2943 on 07.01.2023 as mentioned in bill Ex.R10 and old reading in the meter was 1057 as mentioned in bill Ex.R8 which has already been paid by the complainant.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties to charge only the difference of 2943units recorded on dated 07.10.2023 and 1057 units recorded on dated 14.06.2023 i.e.1886 units after giving the benefit of bimonthly bill without charging any interest, penalty or surcharge from the complainant. Opposite parties are further directed to pay the amount of Rs.20000/-(Rupees twenty thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. The awarded amount shall be adjusted in the future bills of the complainant and the order shall be complied within one month from the date of decision, failing which opposite parties shall be liable to pay interest @ 9% p.a. on Rs.20000/-(Rupees twenty thousand only) from the date of decision till its realisation to the complainant.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
02.09.2024.
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Nagender Singh Kadian, President
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TriptiPannu, Member.
……………………………….
Vijender Singh, Member
