ORDER

15.12.2023

Sh. Sanjay Kumar, President

1. In brief the facts of the present case are that complainant is consumer of K No.43100592290C, book no.85272 and meter no.592290C. It is stated that complainant has been paying all the bills without any default or delay. The meter no.592290C due to some  reason become  faulty and a complaint was made at NDPL Narela, office on 15.11.2006, thereafter, new meter having K No. 0120081422 installed.
2. It is stated that the electricity connection is for a 1 KW load and installed in the residence of the complainant having area of 30 sq. yard. The complainant is having one fridge and two bulb but bill received in thousands rupees. It is further stated that complainant paid bill till july 2005 and received a bill on 18.08.2005 of Rs.2740/-. The OP sent wrong bills which are august 2005 unit 7 Rs.2740/-, November 2005 unit 24 Rs.3790/-, july 2006 unit 51 Rs.29,270/-, july 2006 nil nil and November 2006 unit 5471 Rs.52,629/-.
3. It is stated that in  the bill of January 2006 and march 2006 units are shown 11145 and 11035 which is totally wrong. It is further stated that complainant is willing to pay electricity bill as per new meter as the officials at the time of installation of new meter told him that after installation of new meter the bill of electricity would be paid on average of 6 month meter reading. But now notice of disconnection has been sent which is totally illegal and wrong. The OP sent a bill on the basis of reading 52620 in which the reading for November 2006 is 5471 and monthly bill has been raised of Rs.17,587/- alongwith threat of disconnection.
4. It is stated that in the house of complainant there is no heater, geyser, washing machine and AC etc then how bill of Rs.52,620/- raised. A legal notice sent to OP for correction of the bill but not replied by OP. It is further stated that after seeing the wrong bill complainant suffered mental harassment and also depressed without any fault, therefore, present complaint case filed seeking relief to revise the bill on the average basis of 6 months consumption and to pay Rs.50,000/- as compensation and Rs.15,000/- litigation expenses.
5. WS filed on behalf of OP. It is stated that the connection bearing no. K No.43100592290 is installed in the name of Shri Tej Ram at H.No.349, Vill & P.O. Mukhmail Pur, Delhi with sanctioned load of 1.00 KW for domestic purposes. It is further stated that the bills of the complainant have been raised as per reading from 02.11.2002 to 20.03.2006 and the bills have been raised for a total of 11145 units. The total due and payable by the complainant as on 25.01.2006 was Rs.1,04,962/-. Slab benefit was given to the complainant and an amount of Rs.82,205/- was credited in his account on 20.03.2006, thereby making the total amount payable to be Rs.27,927/-. The amount payable by the complainant as on 15.05.2006 was Rs.28,693/- and as on 18.07.2006 was Rs.29,272/-, the bill is as per actual consumption and raised as per tariff and also by giving the proper slab. Thereafter, the meter of the complainant was changed on 15.11.2006 for the reason ‘Meter Faulty’. The assessment for defective period from 18.07.06 to 15.11.2006 would be done after completion of 6 months from the replacement of meter.
6. It is stated that no notice has ever been received by the OP. Moreover, the complainant has himself not attached any copy of the notice sent to prove his version. It is stated that present complaint is false and frivolous just to avoid the payment of legitimate dues of OP. It is stated that present complaint is liable to be dismissed.
7. As per record during the proceedings proceedings Tej Ram complainant died on 24.07.2013. As per order dated 20.07.2018 LR Laxman Singh substituted being the user of electricity connection. The Laxman Singh also died on 27.04.2021. An application filed on 10.03.2023 for substituting Smt. Sunita wife of Late. Laxman Singh as LR under order 22 rule 4 r/w section 151 alongwith application for condonation of delay of 224 days. The OP contested the application and filed detailed reply. As per record on 11.08.2023 Sh. Kartar Singh counsel who used to represent complainant and his LR Laxman singh stated before the bench that the application dated 10.03.2023 on behalf of Sunita may be withdrawn and case may be decided on merit. However, sh. Harish Purohit AR for OP submits that the application is not maintainable. As per record the matter was fixed for orders on 15.09.2023. On 15.09.2023 Sh. Kartar Singh counsel stated that he has filed two applications vide diary no.4854 and 4855 dated 18.08.2023 and copy supplied to AR of OP and case was adjourned for reply and argument for 10.11.2023.
8. On 10.11.2023 arguments heard on the application filed by Sunita user to contest the complaint and for obtaining electric connection in her name. Another application filed by Sunita for bringing on record bill dated 10.12.2010 on record of Rs.8250/-.
9. It is pertinent to mention here that it is admitted that original complainant Tej Ram was the registered consumer of the electricity connection.  He died on 24.07.2013 and Laxman singh substituted as LR. The Laxman Singh also died on 27.04.2021. Earlier Sunita filed application under order 22 rule 4 CPC for substitution alongwith application for condonation of delay of 224 days. The OP raised objections and contested the application then the said application was withdrawn. Now application filed on behalf of Sunita for obtaining electric connection in her name and placing a bill pertaining to year 2010. The counsel for Sunita tried to act smartly and in the garb of present applications seeking the relief which was not permissible as per order 22 CPC. There is no provision in the Electricity Act to pass direction for transfer of electricity connection in the present circumstances in the name of Sunita and after 13 years a bill dated 10.12.2010 cannot be taken on record. Both the applications are devoid of merit and suffered from inordinate and unexplained delay, therefore, dismissed.
10. It is admitted case that late Laxman Singh died on 27.04.2021 and LRs have not been substituted therefore, present complaint stand abated. File be consigned to record room.
11. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  15.12.2023.

SANJAY KUMAR                                                                RAJESH     

 PRESIDENT                                                                         MEMBER