Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 550
Instituted on : 30.10.2019
Decided on : 21.04.2023.
Randhir Singh age 64 years, s/o Sh. Surat Singh R/o Village Kanheli-124021, District Rohtak(Haryana) .
...........Complainant.
Vs.
- Uttar Haryana Bijli Vitran Nigam Ltd. Rohtak through SDO, Sub Division No. 1, Rohtak, Near Power House, Rohtak.
- Uttar Haryana Bijli Vitran Nigam Limited, OP Sub Division no.2, Near ITI, Double Phatak, Rohrak-124001(Haryana) through its Sub Divisional Officer.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER
DR. VIJENDER SINGH, MEMBER
Present: Sh.Digvijay Singh, Advocate for the complainant.
Sh. Sanjay Hooda, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case, as per the complainant are that he had installed an Aata chakki to earn his livelihood and he is having an electricity connection bearing account no.7424290000, which is installed outside the premises of the complainant. The complainant is regularly paying the bills and never remained defaulter of the respondents. On 04.09.2018 the complainant found the said meter in damaged condition and a person told him that at night some unknown person in drunken condition damaged the said meter. After this incident, the complainant moved an application on 04.09.2018 to the opposite parties and after sometime the respondents officials came at the spot on 04.09.2018 and took the damaged electric meter alongwith them after noting the present reading i.e. 5582 and assured the complainant that they will do the needful very soon. But the respondent sent a memo no,.107 dated 08,08.2019 “subjected-regarding checking the meter in lab of A/c No.KN01-1249 SP(LT)” to the complainant for personal hearing and took complainant’s brother’s signature on blank papers too and told him that they will rectify the things very soon and told him to make the payment of future/forthcoming bills. Lateron the respondent sent the bills and complainant paid all bills well in time as and when asked by the respondents. The complainant was very much surprised when he received an electricity bill of Rs.193927/- and the respondents have issued a LL-1 checking report having no.43 book no.897, dated 04.09.2018 which is not readable at all. Complainant requested the opposite parties to give him LL-1 checking report and also to get the meter checked from another lab. Complainant also wrote request letter through registered post dated 23.10.2019, when the opposite party refuse to give receiving with diary no. and not only this, the respondents threatened the complainant to disconnect the electricity connection and to lodge FIR against the complainant in case of non payment of the said amount. The alleged bill of Rs.193927/- issued by the opposite party is wrong and illegal and complainant is not liable to pay the said amount. Complainant requested the opposite parties to issue a correct bill and to withdraw the alleged bill but to no effect. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to withdraw the alleged bill dated 10.10.2019 alongwith memos, orders or any document related to it. Respondents be further directed to pay Rs.25000/- on account of harassment and not to disconnect the electricity connection of the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite parties appeared and filed their written reply. It is denied that complainant found his meter in damaged condition and a person told him that at night on 03.09.2019 some unknown person in drunken condition damaged the meter and after this incident the complainant moved an application on 04.09.2018 to opposite parties. It is incurred that the official noted the reading 5582. The display of the meter was defective. So no reading was displayed in the meter. In fact on 04.09.2018 the checking team consisting Sh. Jitender Kumar SDO, Sh. Sandeep Khatkar JE Shj. Ram Nain Lineman, Sh. Rajesh Dangi ALM , Ram Niwas JE visited the site of complainant after receiving a list from SDO Op Sub Division no.2 Rohtak about MCO affected in many times in one year. During checking a three phase meter was found outside the consumer premises on wall and Sh. Dalel Singh s/o Sh. Surat Singh was present at the checking site. During checking there was found external marks and hole on meter display and meter body. At site meter found display defective. So, meter removed and packed in cardboard box with khaki tape duly signed by checking team and consumer. Meter referred to M & T lab Rottak for checking and further investigation and find reading. Consumer requested to reach M & T LAB Rohtak for joint checking. Supply of consumer restored after installing a new meter during checking. Checking team prepared LL-1 bearing no.43/897 dated 04.09.2018 which was signed by the checking team as well a consumer. Meter was checked in M & T lab Rohtak on 01.08.2019 by Sh. Amit Garg SDO M & T lab. Rohtak alongwith Sh. Dharamraj Kundu and Sh. Kishori Lal in the presence of Sh. Sandeep JE and Sh. Dalel Singh consumer. Meter received in healthy condition duly signed and sealed in cardboard box with khaki taped. Meter physically verified after opening the sealed packing and found on the cover of the meter 4 number holes found on the meter cover made intentionally and deliberately with a sharp object. From 1 No. hole this object has also penetrated the display of meter, due to which display of meter got defective. Therefore display was made intentionally defective with the help of sharp object. On opening of cover of the meter display of meter found broken intentionally, no other abnormality found inside the meter and its accuracy.
Due to intentional broken of display meter found tampered. Date of meter is retrieved through zigs and TOD sots of KWH and KVAII are retrieved. Meter reading was found 30099.7 KWH and 31844,5 KVAH. Meter was tempered. Hence this is the case of theft of electricity. The complainant is legally bound to make payment of penalty amount. The complainant was intimated vide memo no. 1007 dated 08.08.2019 to be present before XEN OP City Division Rohtak for personal hearing. But the complainant did not submit any objection before assessing officer nor he filed any appeal before competent authority under Electricity Act. It is correct that the respondents issued the bill of Rs.193927/- as assessment charges on account of theft of energy. The complainant is legally bound to make the payment of bill. Sh. Datel Singh s/o Sh. Surat Singh being representative of the complainant was very much present at the time of checking as well as at the time of meter testing in the lab and he was very much satisfied with the checking and testing and signed the checking report and testing report. Sh. Dalel Singh also received the readable copy of checking report dated 04.09.2018 on the same day. The complainant never asked to check the meter in another lab. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. Learned counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, Ex.CW2/A, documents Ex.CI to Ex. C6 and has closed his evidence on 01.09.2021. On the other hand, learned counsel for the opposite party has tendered affidavit Ex.RWI/A, documents Ex. R-1 to Ex. R-3 and has closed his evidence on 03.03.2022..
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case the meter of the complainant was checked by the opposite party on 04.09.2018 and the checking, report no.891 was prepared at the spot by the checking team including Jitender SDO (but the Affidavit Ex.RWI/Avis filed by sh. Raj Singh SDO) and after that the meter has been handed over to the SDO concerned and the meter was checked in M & T Lab Rohtak and checking healed. report no.06 dated 01.08.2019 was prepared by the checking team headed by SDO, M&T. As per the checking team they visited the site of complainant after receiving a list from SDO Op. Sub Division No.2 Rohtak about MCO affected in many times in one year: Thereafter the above mentioned proceedings were conducted. On the other hand the complainant has submitted that he moved an application with the respondent on 04.09.2018 and submitted that his meter was broken by some miscreants and action should be taken. The respondent officials issued a letter Ex C2 dated 08.08.2019 to the complainant submitting therein that it was found that "Meter seals to be suspected tampered" and concerned SDO directed the complainant to appear before the XEN operation for personal hearing. The above mentioned letter was issued after receiving the checking report from M&T Lab Rohtak as Ex.R2. After that department overhaul the account of complainant and issued a bill amounting to Rs.196834/- including the current consumption of 3800/-. This amount has been reflected in the bill dated 21.10.2019 placed on record as Ex.C4. As per the complainant he moved an application for deceive meter. Some questions have been arisen before this Commission for consideration:
i) The complainant is not a technical person who can understand the technicalities when his meter was checked by checking team in M&T lab Rohtak. The complainant cannot understand how the meter reading were retrieved through zigs manner. Here the department should deputed or give the option to the complainant to appoint a technical person who can properly assess the functioning of the meter. Moreover letter Ex.C2 is issued by the department after considering the fact that the meter seals are suspected and tampered but these facts have not been mentioned in the checking report issued by M&T lab Ex.R2.
ii) The another point for consideration is that the meter has been checked after one year. The checking report has been prepared on 04.09.2018 and approximately after lapse of one year the meter was checked on 01.08.2019. No reply to this point has been given by the opposite parties.
iii) As per the respondents, the meter was checked on the complaint of SDO after receiving a list from SDO about MCO affected in many times in one year but no such list has been placed on record by the opposite parties before this Commission
iv) Opposite parties failed to place on record any document that in last one year how many times the complainant's meter was shown as MCO or how many times his meter was replaced. No such record has been placed on record. No evidence is placed on record that after installation of meter there was high consumption in the meter or there was setting in the previous meter.
v) Opposite party also failed to prove that the reading retrieved through zigs manner are 100% accurate and are actually consumed by the complainant. It has not been mentioned in the written statement or affidavit that in a damaged meter reading mentioned on display of meter can be different from the reading retrieved through zigs manner. As such there is doubt in the report of M & T lab as the complainant himself has given an intimation to the department that meter has been damaged by miscreants. There was defect in the display. Wrong checking report has been placed on record. No affidavit of any of the person of checking party has been placed on record. Merely this checking report cannot be believed.
vi) Moreover a new ground has been taken by the opposite parties that the complainant was stealing electricity energy and it is a case of theft of electricity. We have minutely perused the documents placed on record by the respondents and these documents have not been proved that the assessment has been made after considering theft. Neither the assessment has been made u/s 135 of Electricity Act nor the compounding fee has been charged in assessment. No notice u/s 135 of Electricity Act has been served to the complainant. Hence merely to connect the complaint under theft of electricity energy, a new ground has been taken by the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties to waive of the bill Ex C4 amounting to Rs.196834/- and only to charge current consumption charges shown in the bill i.e.Rs.3800/-. Opposite parties are further directed not to charge any surcharge. interest or penalty related to this bill and also to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000- (Rupees five thousand only) as litigation charges to the complainant Opposite parties are also directed to adjust the alleged amount of Rs. 10000/- in the future bills of complainant. Order shall be complied within one month from the date of decision.
6. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
21.04.2023
.....................................................
Nagender Singh Kadian, President
..........................................
Tripti Pannu, Member.
……………………………….
Vijender Singh, Member
