Haryana

Karnal

CC/413/2020

Paras - Complainant(s)

Versus

Sub Divisional Officer (OP) UHBVNL - Opp.Party(s)

Sanjiv Sharma

24 Aug 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 413 of 2020

                                                        Date of instt.08.10.2020

                                                        Date of Decision:24.08.2023

 

Paras son of late Shri Gulshan son of Shri Nand Lal, resident of house no.K-302, tower-10, Ras Residency, Sector-35, near Palm Residency, Karnal, aged 28 years. Aadhar card no.5095 7985 5706.

 

                                               …….Complainant.

                                              Versus

 

1. Sub Divisional Officer (OP) UHBVN, Sub Division, L12, Model Town, Karnal.

 

2. XEN, UHBVN, Sector-12, District Karnal.

 

                                                                ……Opposite parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

              Dr. Rekha Chaudhary…..Member

          

 Argued by: Shri Sanjeev Sharma, counsel for complainant.

Shri Rajbir Sharma, counsel for the OPs.

 

                    (Vineet Kaushk, member)

 

ORDER:   

                  The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant got installed new electricity meter/connection no.5432120000 of NDS category at Meera Ghati Chowk, Karnal for the purpose of washing of vehicles which stands in the name of the father of the complainant. Since the day of installation of the meter, OPs sent the bill on average basis, accordingly complainant is depositing the due charges with the OP no.1 regularly. The official of the OPs used to get recorded the different reading of the said meter/connection of the complainant, accordingly OPs used to sent the bill on different average basis.  In the month of December, 2019, OPs sent huge amount bill of Rs.20403/-, Rs.32,718/-, vide bill dated 01.06.2020, Rs.39961/-, vide bill dated 16.07.2020 and Rs.46530/-, vide bill dated 08.09.2020 respectively. It is further averred that one time complainant deposited Rs.15,000/- under protest in January, 2020 on the asking of the OPS as OPS told they will correct the bills and adjusted the said amount of Rs.15,000/- in further bills. However, complainant many times requested to OPs to get correct the bill as well as electricity meter/reading, if any fault is there, but to no avail. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability; cause of action; locus standi and concealment of true and material facts. On merits, it is pleaded that complainant has filed the present complaint just to take benefit of his wrong done by him. The fact is that from the last about 3 years, the complainant is not paying the bill regularly and the amount against the bills amount, he had paid are totally irregular way. As such is in arrear of Rs.46,530/- as per bill dated 07.09.2020. The detail bill and payment made by the complainant and arrear due against the complainant electricity connection bearing account no.543212000 is as under:-

Sr no.	Bill dated	Bill amount including arrear in Rs.	Deposited amount by consumer complainant	Deposited date
1.	14.03.2018	6366/-	Nil
2.	14.05.2018	12061/-	Nil
3.	16.07.2018	19043/-	12000/-	14.08.2018
4.	12.09.2018	13557/-	nil
5.	13.11.2018	22410/-	13000/-	17.12.2018
6.	11.01.2019	16933/-	Nil
7.	22.03.2019	24641/-	10000/-	12.04.2019
8.	01.06.2019	18705/-	10000/-	25.07.2019
9.	02.08.2019	15086/-	Nil
10.	21.09.2019	21362/-	8000/-	24.09.2019
11.	21.11.2019	20403/-	15000/-	31.01.2020
12.	02.02.2020	15499/-	Nil
13	30.03.2020	32718/-	Nil
14.	17.05.2020	35230/-	Nil
15.	16.07.2020	39961/-	Nil
16.	08.09.2020	46530/-	Nil

 

In this way a sum of Rs.46530/- was due vide bill dated 08.09.2020. The complainant has not deposited the abovesaid amount and has filed the present complaint only to avoid himself for making the payment of electricity charges which he has consumed. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, electricity bills dated 08.09.2020, 16.07.2020, 17.05.2020, 30.03.2020, 02.02.2020, 21.11.2019 Ex.C1 to Ex.C6, copy of aadhar card of complainant Ex.C7 and closed the evidence on 04.08.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Aditya Shukla, SDO Ex.OPW1/A, copies of electricity bills Ex.OP1 to Ex.OP21, copy of detail of payment history Ex.OP22 and closed the evidence on 25.05.2023 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainants, while reiterating the contents of the complaint, has vehemently argued that complainant got installed an electricity meter/connection of NDS category at Meera Ghati Chowk, Karnal for the purpose of washing of vehicles. Since the day of installation of the meter, OPs sent the bill on average basis and complainant deposited the same regularly. The official of the OPs used to get recorded the different reading of the said meter and OPs used to sent the bill on different average basis.  In the month of December, 2019, OPs sent huge amount bill of Rs.20403/-, Rs.32,718/- vide bill dated 01.06.2020, Rs.39961/-, vide bill dated 16.07.2020 and Rs.46530/-, vide bill dated 08.09.2020 respectively, which are  very higher side. Complainant requested the OPs to get correct the bill, if any fault is there, but OPs did not pay any heed to the request of complainant. He further argued that as per order dated 11.12.2020 of the Commission, complainant deposited Rs.15,000/- and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel or the OPs, while reiterating the contents of written version, has vehemently argued that the present complaint has been filed by the complainant just to take benefit of his wrong done by him. From the last 3 years, the complainant has not been paying the electricity bill regularly. As such the amount of Rs.46530/- was due against the complainant, on 08.09.2020. The complainant has not deposited the said amount and has filed the present complaint only to avoid himself for making the payment of electricity charges which he has consumed and lastly prayed for dismissal of the complaint.        

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, complainant is having a NDS electricity connection bearing no. 5432120000.

11.           As per version of the complainant, OPs have sent the electricity bills on average basis and he has deposited the same on regular basis.

12.           As per detailed mentioned in written version, complainant has failed to deposit the electricity bills on 14.03.2018, 14.05.2018, 12.09.2018, 11.01.2019, 02.08.2019, 02.02.2020, 30.03.2020, 17.05.2020, 16.07.2020 and 08.09.2020 respectively and on 08.09.2020, Rs.46,530/- was due against the complainant. Out of the said amount, complainant deposited Rs.15,000/-, vide order dated 11.12.2020 of the Commission. Furthermore, OPs have placed on file copies of electricity bills Ex.OP1 to Ex.OP21 and copy of detail of payment history Ex.OP22. On perusal of the detail of payment history Ex.C22, it has been proved that complainant is not paying the electricity charges regularly. Complainant paid Rs.806/- on 08.04.2022 and thereafter, he has not paid a single penny and continuously using the electricity consumption. The complainant is himself at wrong on his own part by not paying the electricity charges regularly. Thus, we are of the considered view that the bills issued by the OPs are as per actual consumption. Moreover, admittedly, the said connection is not domestic one but it is a non-domestic connection. Complainant is running a washing station. Neither in the complaint nor in the evidence, it is mentioned that said washing station is only the source of income of complainant and he has no other source of income. Hence, complaint does not fall in the ambit of Consumer Protection Act.

13.           Thus, as a sequel to abovesaid discussion, the present complaint is devoid of any merits and same deserves to be dismissed and same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:24.08.2023     

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

                         Member                    Member