District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.467/2020.
Date of Institution: 09.12.2020/
Date of Order: 23.12.2022.
Om Parkash Setia son of Shri Mangu Ram Setia, resident of House No. 3G/157, NIT, Faridabad.
…….Complainant……..
Versus
1. SDO (O.P.) Dakshin Haryana Bijli Vitran Nigam, Sub division F-14, Circle-1, Division Old Faridabad, District Faridabad.
2. XEN (O.P) Dakshin Haryana Bijli Vitran Nigam Sub Division, F-14, Circle-1, Division Old Faridabad. District Faridabad.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Sachin Parashar, counsel for the complainant.
Sh. Gopal Dutt Sharma, counsel for opposite parties Nos.1 & 2.
ORDER:
The facts in brief of the complaint are that the complainant had availed the electricity connection from the opposite party having account No. 5095140000. The said connection was for domestic usage and the complainant was for domestic usage and the complainant had been paying the electricity bill as per the meter reading and the bill issued by the opposite parties. In the month of August 2019 the bill issued to the complainant was for Rs.13,641/- and the unit consumed was mentioned was left blank. As per the amount in the bill unit consumed was 1767.19 whereas the actual unit was consumed was 529 as the actual reading was 16284 and the previous reading was 15755. The complainant did not receive the bill for October- November 2019 and the complainant made various requests to the opposite party and even moved an written complaint bearing registration NO. 1611 dated 17.12.2019 but the opposite party did not pay any heed towards the request of the complainant. The complainant visited multiple time in October-November 2019 to the office of opposite parties at NIT-3 Faridabad but the complainant was assured by the opposite parties that the bill would be corrected in the next billing cycle. The complainant even registered his complaint on email on dated 15.6.2020 raising his grievances therein but the opposite party neither resolved the issue nor gave any reply to the said mail. In January 2020 the complainant deposited Rs.10,000/- against the bill of August 2019 on the advice of the opposite parties and it was assured that the corrected bill would be issued Shorty. But neither any bill was issued nor the bill of August 2019 was rectified. The complainant was compelled to visit many number of times to the office of opposite parties and during March 2020 till May 2020 no request was entertained by the opposite parties. On 6.8.2020 new meter was installed in the premises of the complainant. The complainant again email his complaint to the portal of the opposite arties on 20.08.2020 but the opposite parties again refused to respond to the same. As the opposite parties did not respond to the above said email, the complainant was compelled to lodge a written complaint at complaint counter vide complaint NO.1114 dated 15.09.2020. The complainant received the bill from the opposite party in September 2020 for amount of Rs.1,00,634/-. The complainant met the SDO of opposite party personally on 16.10.2020 and it was assured by opposite party that bill would be correct by Ist week of November 2020 but instead of correcting the bill the electricity connection of the complainant disconnected on 26.10.2020. The complainant sent various emails to the opposite parties on 26.10.2020 and 28.10.2020 but the opposite parties refused to pay any heed towards it. On the advice of opposite parties, the complainant deposited Rs.31,700/- towards the above said bill of Rs.1,00,364/-. The complainant even submitted the average bill to the opposite party for last four years which was Rs.12,392/- for 8 months in 2016, Rs.20,608/- for the year 2017, Rs.25676/- for year 2018 and Rs.16,591/- till August 2019 i.e. for eight months. It clearly shows that the annual bill should be in the range of around 25,000/- maximum but inspite of that the complainant had to deposit Rs.31,700/-, so that the electricity connection can be restored. Inspite of depositing the said amount of Rs.31,700/- the opposite parties neither corrected the bill for August 2019 nor for the b ill of September 2020. It was further relevant that form 6.8.2020 till November 2020 i.e. for four months the unit reflecting on the new meter was 989 which again proves the average unit consumed by the complainant. The opposite parties instead of correcting the above said bills were threatening to again disconnect the electricity connection of the complainant and had been pressurizing to deposit the remaining payment of Rs.71,000/- (approx.). The complainant further raised his grievance through email dated 19.11.2020 but the opposite party again did not pay any hed to the same. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) rectify the electricity bill of the complainant for the month of August 2019 and September 2020 forthwith.
b) restrain the opposite parties from disconnecting the electricity connection of the complainant for the non payment of the disputed bills of August 2019 and September 2020 till the fina decision of the present complaint.
c) pay Rs4,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 51,000 /-as litigation expenses.
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that the complainant had no case of action against the answering opposite parties, because the old meter of consumer was got checked in M&T lab and found display defective of meter hence reading was not available to make bill the reading was taken by M&T lab as 16252 kwh. The bill was corrected as 11.06.2019 to 22.4.2020, 15755 to 16252 for 316 days and in new meter 22.04.2020 to 29.10.2020 old 1 and new 849 consumed units were 848. The bill as on 21.11.2020 was of Rs.29,335/- after deducting Rs.1,08,717/- now the bill had been corrected to Rs.29,335/- and was to be paid by consumer. The consumer did not disclose of his faulty display of meter unit; hence complaint may please be dismissed on this ground alone. Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties– DHBVNL with the prayer to: a) rectify the electricity bill of the complainant for the month of August 2019 and September 2020 forthwith. b) restrain the opposite parties from disconnecting the electricity connection of the complainant for the non payment of the disputed bills of August 2019 and September 2020 till the final decision of the present complaint. c)pay Rs4,00,000/- as compensation for causing mental agony and harassment . d) pay Rs. 51,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Annexure -1 - Certificate for the person with disabilities/handicappness,, Annexure -2 – OPD card, Annx.-3 – Discharge summary, Annexure-4 - electricity bill, Annexure-5 – woardsapp message, Annexue-6 – letter to SDO,DHBNL, NIT03, Faridabad, Anenxure-8- email,, Annexue-9 – wordsapp message,, Annexure-10 – DHBVNL Consumer Complaint Form,, Anenxure-11 – email,Annexure-12 – photograph of meter,, Anenxure-13 – email, Annexue-14 – statement, Annexue-15 – bill
On the other hand counsel for the opposite parties strongly agitated
and opposed. As per the evidence of the opposite parties Annexure R-1 - bill reading taken by M&T lab as 16252 KWH, Annexure-2 Annexure R-2 – bill has been corrected to Rs.29,335/-, Annexure R-3 – electricity bill.
6. In this complaint, the complaint was filed by the complainant with the prayer to rectify the electricity bill of the complainant for the month of August 2019 and September 2020 forthwith.
7. After going through the evidence led by the parties, the Commission is of the opinion that as per Aannexure R-1 old meter of consumer was got checked in M&T lab and found display defective of meter hence reading was not available to make bill the reading was taken by M&T lab as 16252 kwh. It is evident from Annexure R-2 & R-3, the bill was corrected as 11.06.2019 to 22.4.2020, 15755 to 16252 for 316 days and in new meter 22.04.2020 to 29.10.2020 old 1 and new 849 consumed units were 848. The bill as on 21.11.2020 was of Rs.29,335/- after deducting Rs.1,08,717/- now the bill had been corrected to Rs.29,335/- and was to be paid by consumer.
8. Keeping in view of the above submissions, the Commission is of the opinion that the complaint is disposed off with the direction to opposite parties to adjust the excessive amount paid by the complainant to the opposite parties, fix the current bill and process the claim of the consumer/complainant within 30 days from the date of the receipt of this order. Opposite parties are further directed to process the claim within 7 days from the date of receipt of copy of order and further inform to the complainant within 30 days. In case of non compliance within 30 days SDO/CA will bear Rs.20,000/- from their own pocket to the complainant. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 23.12.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
