Haryana

StateCommission

A/560/2019

UHBVNL AND OTHERS - Complainant(s)

Versus

RAMPHAL - Opp.Party(s)

ALKA JOSHI

28 Oct 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                                 

                                                         First Appeal No.560 of 2019

                                                 Date of Institution: 07.06.2019

                                                         Date of Final Hearing:28.10.2022

Date of pronouncement: 13.01.2023

 

1. Uttar Haryana Bijli Vitran Nigam Ltd, Sub Division, OP, Rajaund,Tehsil Rajaund, Distt. Kaithal through its SDO (OP)
2. Uttari Haryana Bijli Vitran Nigam Limited, through its XEN Pundri.
3. Uttari Haryana Bijli Vitran Nigam Limited, through its Managing Director, Sector-6, Panchkula.

…..Appellants

Versus

Ramphal S/o Shri Ran Singh,  R/o Village Kithana now residing at Narwana, Distt.Jind.

…..Respondent

CORAM:    S.P. Sood, Judicial  Member

                    Suresh Chander Kaushik, Member

                   

Present:-    Mrs.Alka Joshi, Advocate for the appellant.

                   Mr.R.K.Malik, Advocate for the respondent.

 

                                                 ORDER

S P SOOD, JUDICIAL MEMBER:

          Delay of 11 days in filing the appeal is condoned for the reasons stated in the application for condonation of delay.

2.      The present appeal No.560 of 2019 has been filed against the impugned order dated 19.04.2019 of the District Consumer Disputes Redressal Forum, Kaithal (In short  now “District Commission”) in complaint case No.275 of 2017, which was allowed.

3.       The dispute is with regard to the old electricity bill of Rs.3,76,435/- issued by the opposite parties, which  the complainant was forced to deposit the same as he was going to contest the election of Zila Parishad. The complainant moved an application to refund the above said amount, but, to no avail.

4.      The opposite parties have taken necessary action and as per the Electricity Act as well as instructions of Nigam, the OPs have adjusted the above said amount  i.e. Rs.3,76,435/- in the account of Sushila W/o Ramphal as per the consent of complainant and entry was made in sundry register on 05.12.2016 by CA  and thereafter matter was referred to the Audit wing.

5.      Arguments Heard. File perused.

6.      Perusal of the file reveals that the OPs have adjusted the disputed amount  of Rs.3,76,435/- in the account of Sushila W/o Ramphal and entry was made in sundry register on 05.12.2016 by CA and thereafter the case was referred to Audit Wing. The plea of appellant was that as per the Electricity Act  and instructions of the Nigam, the disputed amount was adjusted in the account of Sushila W/o Ramphal, which was not tenable in the eyes of law because the OPs cannot adjust the above said amount in the account of wife of complainant.  Since it is clear cut case that the OPs have not refunded the amount of Rs.3,76,435/- to the complainant, so learned District Commission has rightly allowed of the complaint.

7.      Resultantly, the contentions raised on behalf of the present appellants stands rejected as rendered no assistance and found to be untenable and the order passed by the learned District Commission does not suffer from any illegality or perversity and is well reasoned and accordingly stands maintained for all intents and purposes.  Hence, appeal  stands dismissed on merits.

8.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the complainant-respondent against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

9.      Application(s) pending, if any, stand disposed of in terms of the aforesaid Order.

10.    A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The Order be uploaded forthwith on the website of the commission for the perusal of the parties.

11.    File be consigned to record room.                  

 

13th  January, 2023Suresh Chander Kaushik                       S. P. Sood                                                    Member                                                         Judicial Member    

 

S.K

(Pvt. Secy.)