Haryana

Yamunanagar

CC/1235/2010

Rajinder Singh s/o Bissa Singh - Complainant(s)

Versus

UHBVN Ltd. - Opp.Party(s)

Atul jaiswal

22 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                    Complaint No. 1235 of 2010.

                                                                                    Date of institution: 24.12.2010

                                                                                    Date of decision: 23.12.2015

Rajinder Singh aged about 42 years son of Late Sh. Bissa Singh, resident of House No. 410, Friends Colony, Yamuna Nagar, Tehsil Jagadhri, District Yamuna Nagar.                                                                                                                  …Complainant.

                                    Versus

 

1. U.H.B.V.N.Ltd. through its Chairman, Panchkula.
2. Sub Divisional Officer, U.H.B.V.N.Ltd. Industrial Area, Yamuna Nagar.
3. The Executive Engineer, U.H.B.V.N. Ltd. Yamuna Nagar.

                                                                                                                                                                             ..Respondents.  

 

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Atul Jaiswal, Advocate, counsel for complainant.

              Sh. Ajay Arya, Advocate, for respondents.     

 

ORDER

 

1.                     Complainant Sh. Rajinder Singh has filed the present complaint under section 12 of the Consumer Protection Act 1986 praying therein that respondents (hereinafter referred as OPs) be directed to correct the disputed bills dated 24.8.2010 and 25.10.2010 and also directed to change the defective meter and also to pay compensation and litigation expenses.          

2.                     Brief facts of the present complaint, as alleged by the complainant, are that he is having an electricity connection bearing No. YA15/0049F-T installed in his house situated at Friends Colony, Yamuna Nagar, in the name of his father Bissa Singh, who had expired and the complainant is filing the present complaint being beneficiary. Previously the meter reading for electric consumption shown in the bill No. 2534 dated 24.8.2010 as 2300 units consumed whereas new reading has been shown as 960 units and subsequently in the bill No. 2542 dated 25.10.2010 unit consumed has been shown as 18354 and new reading has been shown as 1533 units and in this regard an amount of Rs. 1,62,672/- has been demanded from the complainant which is illegal. It has been further mentioned that meter of the complainant was changed in the month of June 2010, as the previous meter was very fast. After change of the meter, the reading for first two (2)  months i.e. for June 2010 to 22 August 2010 was recorded as 960 units as shown in the bill No. 2534 dated 24.8.2010 (Annexure C-1). Subsequently, the meter reading consumed shown as 18384 by the OPs in the next bill No. 2542 dated 25.10.2010 (Annexure C-2) which is totally wrong as in the next two (2) months the unit consumed shown cannot be possible. This shows the meter installed by the OPs is faulty one. The complainant approached the OPs many times and requested the OPs to explain the abovesaid charges shown in the bills and also complaint about the unit consumed shown in the bill and requested them to correct the said bill and check the meter but all in vain. Hence, this complaint.

3.                     Upon notice, opposite parties appeared and filed its written statement by taking some preliminary objections such as no cause of action and on merit it has been mentioned that the sanctioned load of the complainant is 30 KW and the multiple factor is 12. The true facts are that the meter of the complainant was changed in the month of May 2010 and new meter was installed with reading at 01. The bills for the month of May 2010 to December 2010 were sent as per actual consumption but due to disturbance in the computer programming the initial reading was taken as 01 for the month of August and October 2010 and the same has been already adjusted. It has been further stated that meter of the complainant is O.K. and there is no fault in the meter. Account statement of the complainant is Annexure R-1. As the account of the complainant has been overhauled and all the units have been adjusted. Hence, there is no deficiency in service and lastly prayed for dismissal of complaint.

4.                     To prove the case, complainant’s counsel has tendered affidavit of complainant as Annexure CX and document such as photo copy of electricity bill dated 24.8.2010 as Annexure C-1, photo copy of electricity bill dated 25.10.2010 as Annexure C-2, photo copy of bill dated 24.8.2009 as Annexure C-3 and closed the evidence on behalf of OPs.

5.                     On the other hand, counsel for the opposite parties tendered into evidence affidavit of Sh. Pardeep Kumar, Assistant Executive Engineer, Sub Division Industrial Area, UHBVNL, Yamuna Nagar as Annexure RX and documents such as copy of account statement as Annexure R-1 and closed the evidence on behalf of opposite parties.

6.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully. Learned counsel for the complainant reiterated the averments made in the complaint and prayed for its acceptance whereas the counsel for the opposite parties reiterated the averments made in the reply and prayed for its dismissal.

7.                     The only plea of the complainant is that bill bearing No. 2534 dated 24.8.2010 and bill bearing No. 2542 dated 25.10.2010 has been wrongly issued by the OPs and the same are liable to be corrected.  

8.                     On the other hand, counsel for the OPs hotly argued that the sanctioned load of the electricity connection of the complainant is 30 KW and the complainant is habitual defaulter of the OPs and not paying the electricity bill in time and huge amount is outstanding against the complainant. Learned counsel for the OPs further argued that account of the complainant was overhauled after the MCO which was took place in May 2010 and draw our attention towards Annexure R-1 account statement.

9.                     We have perused the Annexure R-1 account statement of the complainant filed by the OPs with his written statement, it is evident that in the month of October 2010 an amount of Rs. 10392/- for four (4) months i.e. August 2010 and October 2010 has been adjusted and the same has been shown in the account statement in the column of remarks. Similarly in April 2011 an amount of Rs. 11487/- for further four(4) months has been adjusted which is mentioned in the column of remarks of the account statement. As the account of the complainant has been overhauled by the OPs after issuance of MCO and amounts have been adjusted. so, the counsel for the complainant is totally failed to point out any discrepancies in the account statement and further failed to prove that the meter of the complainant was faulty one as no cogent evidence has been filed by the complainant, so, there is no merit in the complaint of complainant.

10.                   In the above noted facts and circumstances of the case, we are of the considered view that there is no deficiency in service on the part of OPs and the complaint of the complainant is hereby dismissed being devoid of merit with no order as to costs.   Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance. 

Announced: 23.12.2015.

                                                                                                (ASHOK KUMAR GARG)

                                                                                                PRESIDENT

 

 

 

                                                                                                (S.C.SHARMA)

                                                                                                MEMBER