Haryana

Ambala

CC/320/2020

Mandeep Kaur - Complainant(s)

Versus

SDO - Opp.Party(s)

Bhupinder Singh Garg

01 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

Complaint case no.	:	320/2020
Date of Institution	:	16.12.2020.
Date of decision	:	01.06.2023

 

Mandeep Kaur w/oTajender Singh through its GPA dated 02.12.2020 Tajender Singh (husband) s/o S.Gurbachan Singh R/o H.No.2, Saraswati Nagar Ambala City District Ambala.

……. Complainant

Versus

 

Sub Divisional Officer, Uttar Haryana Bijli Vitran Nigam East Ambala City.

 

….…. Opposite Parties.

Before:       Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:      Shri B.S. Garg, Advocate, counsel for the complainant.

                    Shri Sachin Goel, Advocate, counsel for the OP.

         

Order:        Smt. Neena Sandhu, President.

 

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to it:-

1. To generate the rectified bill as per direction of vigilance report.
2. To adjust the amount already paid by the complainant.
3. To pay Rs.1,00,000/- for loss of reputation of complainant and also for her suffering mental pain and agony.
4. To pay cost of litigation to the tune of Rs.5500/-

 

2.           Brief facts of this case are that the complainant took Small Power (S.P.) three phase connection bearing No.2848620000, for supply to her house and started wood work for her livelihood and for her children in the year 2008 and since then started paying the bill to the OP. The complainant stopped the said wood work in the year 2011 and as such, got the load reduced from 12KW to 5KW. Thereafter, since the premises were used by the complainant for domestic purposes only, as such, she requested the OP to change the SP connection to domestic connection, but to no avail. Letters dated 30.12.2018, 28.10.2019, 04.01.2020 were also written by the complainant to the OP for rectification of bill qua electricity connection No. A/C No.2848620000 but nothing has been done by the OP.  Vigilance department of UHBVN has also verified the status of complainant's meter in question on 15.10.2020 and found it intact outside the premises and noted no adverse comments and instructed the OP to generate bill on present reading. After vigilance verification, the complainant again started visiting the office of the OP frequently to get her bill rectified and also sent representations dated 16.11.2020 and 05.12.2020 to correct the bills, but the OP supplied only one handmade bill amounting to Rs.1,13,000/- prepared in a casual way by  'CA'. (However, no such bill has been placed on record by the complainant).The said bill was not a corrected bill, neither it was on prescribed performa, nor showing the period of bill, date, details of previous payment etc. The complainant paid Rs.16000/- (no receipt placed on record) and also paid Rs.20000/- vide receipt dated 31.12.2018, which has also not been shown deducted from the said handwritten bill. The complainant sent various representations to the OP from time to time to get her corrected electricity bill but to no avail.  Hence this complaint.
3.           Upon notice, the OP appeared and filed written version and raised preliminary objections to the effect that the compliant is not maintainable; this Commission has no jurisdiction to entertain this complaint etc. On merits, it has admitted the electricity meter bearing account no.2848620000 was installed in the name the complainant. It has been stated that the Vigilance Team inspected the premises on 15-10-2020. LL-1 bearing no.34/6669 was prepared and a copy of the same was supplied to the complainant who signed the reports. The following observations has been recorded:- "During inspection Sh. Jasmeet Singh available on site, 3 phase meter found installed on outside wall. Amount pending towards consumers Rs.1,55,553-00 only. Please check the category and billing because no bill available on site. SDO OP is requested, please. take n/a as per Nigam rules. Generate bill as per actual reading and to be got recovered pending amount from consumer. Meter Reading recorded as 18702 KWH-20042 KVAH”.  Since MCO was effected on 20-12-2017 and SITE VERIFICATION REPORT was also taken by Narinder Kumar JE, the account of the consumer has been overhauled for the period 20/12/2017 to 15/10/2020 as per reading recorded as 18702 KWH-20042 KVAH and an amount of Rs.1,55,320/- has been adjusted in bill dated 08/10/2020 vide SCA No.21/16 and fresh bill for Rs.1,10,119/- has been issued. The complainant has not paid any bill after 31.12.2018. Rest of the averments of the complainant were denied by the OP and prayed for dismissal of the present complaint with special costs.
4.           Learned counsel for the complainant tendered affidavit of Shri Tajender Singh son of  Late Shri Gurbachan Singh, R/o H.No.2 Saraswati Nagar, Ambala City GPA of  Mandeep Kaur  as Annexure C-A alongwith documents as Annexure C-1 to C-12 and closed the evidence on behalf of the complainant. On the other hand, learned counsel for OP tendered affidavit of Vaibhav Rohila, SDO Operation Sub Divisional East, Ambala City as Annexure OP-A alongwith document as Annexure OP-1 and closed evidence on behalf of the OP.
5.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by not converting the SP connection to domestic connection despite making number of requests by the complainant and on the other hand raising demand of huge amount of Rs.1,55,320/- without taking reading of the meter in question and on the other hand, relying upon a report made by some CA, the OP is deficient in providing service.
7.           On the other hand, learned counsel for the OP submitted that after inspection of Vigilance Team on 15-10-2020, LL-1 bearing no.34/6669 was prepared and a copy of the same was supplied to the complainant. He further submitted that since MCO was effected on 20-12-2017 and SITE VERIFICATION REPORT was also taken by Narinder Kumar JE, the account of the complainant was overhauled for the period 20/12/2017 to 15/10/2020 as per reading recorded as 18702 KWH-20042 KVAH and an amount of Rs.1,55,320/- has been adjusted in bill dated 08/10/2020 vide SCA NO. 21/16 and fresh bill for Rs.1,10,119/-, was issued, which has not been paid by the complainant.
8.           It may be stated here that to prove her case, the complainant has placed on record letters dated 30.12.2018, Annexure C-2, email dated 08.01.2020, Annexure C-3 and 04.01.2020, Annexure C-4, 16.11.2020, Annexure C-8 and 05.12.2020, Annexure C-10, 13.12.2021, Annexure C-12 having been written to the OP wherein she has informed the OP to the effect that neither any Meter Reader has come to note the meter reading nor any bill has been sent and only average bills are being raised. There are two points which are to be adjudicated by this Commission, firstly, whether the complainant ever applied for conversion of category from SP (Lt industrial) to domestic or not? Secondly, whether the act of the OP is negligent, deficient in service, while not issuing the corrected bill to the complainant and she is entitled to the relief as prayed for?
9.           This compliant has been filed by the complainant on 16.12.2020, wherein in para No.3 the complainant pleaded that in the year 2011, she has stopped the wood work and got reduced her sanctioned load from 12KWA to 5KWA and in reply to this para No.3 on merits, the OP has stated “the para No.3 wrong as alleged, hence denied” and there is no specific denial from the side of the OP regarding the plea of the complainant with regard to reduction of 12KWA to 5 KWA. In the bill dated 8.10.2020 it is clearly mentioned that the sanctioned load is 5.30KWA.  It is quite obvious the change of category might has been required/demanded/requested by the complainant, but to this extent the OP opted to keep mum.  It is also pertinent to mention here that as per application dated 13.12.2021 Annexure C.12 the complainant, while quoting the applications dated 16.11.2020, 28.10.2020, 4.1.2020, 5.12.2020 and 17.9.2021, requested the OP to change category of her connection from SP to domestic. However, no step has been taken by the OP even after receipt of notice of this complaint.  Taking all these facts into consideration, we are of the view that OP is liable to change the category of her electricity connection from SP connection to domestic connection from the date of reduction of sanctioned load from 12 KWA to 5 KWA.
10.           Secondly, the OP is duty bound to get the meter reading noted from the premises of the consumer as per rules of the Nigam, but in the present case in hand it is proved that the OP had not taken the reading from the premises of the complainant, the fact is also cemented from the report dated 15.10.2020of the vigilance team and after receiving the same, it was the duty of the OP to prepare the bill of the complainant forthwith.  No doubt the OP relying upon the bill dated 8.10.2020 Annexure C.5, which is not based on any evidence, except a simple tabulated sheet, Annexure OP.1.No details whatsoever have been given by the OP to prove as to how it has overhauled the account of the complainant.  Be that, we are of the view that the OP has committed deficiency in service.
11.           In view of the aforesaid discussion, we hereby allow the present complaint against the OP and direct it, in the following manner:-
    1. To change the electricity category from SP (LT Industrial) to domestic supply from the date of reduction of load of complainant from 12KWA to 5 KWA onwards and to raise electricity bill as per actual reading as mentioned in the vigilance report dated 15.10.2020, while applying the domestic tariff instead of SP/Industrial tariff without charging any surcharge/penalty_.
    2. To issue the future regular bills as per domestic tariff without charging any surcharge/penalty.
    3. To adjust the amount in the forthcoming bills, if any, already paid by the complainant after reduction of load.
    4. To pay compensation for mental agony and harassment to the tune of Rs.2000/- and Rs.1500/- as cost of litigation.

 

The OP is further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order.  Certified copy of the order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

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(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President.