BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint No186/17.
Date of instt.: 11.07.2017.
Date of Decision:16.10.2017.
- Dinesh Arora s/o Shri Narayan Dass
- Nikhil Arora
- Akhil Arora, both sons of Shri Dinesh Arora
- Vijay Rani Arora w/o Shri Dinesh Arora, all residents of H.No.210, Sector-19, HUDA, Kaithal.
……….Complainant.
Versus
- Uttari Haryana Bijli Vitran Nigam Ltd., Kaithal through its Sub Divisional Officer, ‘OP’ Sub Division No.II, Kaithal.
- Uttari Haryana Bijli Vitran Nigam Ltd., Kaithal through its Executive Engineer, OP Division, Kaithal.
- Uttari Haryana Bijli Vitran Nigam Ltd., Sector-6, Shakti Bhawan, Panchkula through its Secretary/ Managing Director.
..……..Opposite Parties.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before: Sh. Rajbir Singh, Presiding Member.
Smt. Harisha Mehta, Member.
Present : Shri Hardeep Singh, Advocate for complainant.
Shri J.P. Jaglan, Advocate for the opposite parties.
ORDER
(RAJBIR SINGH, PRESIDING MEMBER).
The complainants have filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that they have an electricity domestic connection bearing No.X42-KA-24/0354 at their premises bearing H.No.301, Sector 19(1), HUDA, Kaithal. It is alleged that the complainants purchased the said house from Vijay Kumar vide Sale Deed No.4140 dated 12.09.2016 and re-allotment letter dated 25.10.2016 was reissued in the name of complainants and after purchasing the same, the complainants are the owner in possession and using the electricity connection in the capacity of beneficiary since its purchase. It is further alleged that the previous owner Vijay Kumar cleared all the electricity dues as clear from the bill dated 08.10.2016 & 13.12.2016 and receipt dt. 29.12.2016. It is further alleged that the complainants shocked to receive electricity bill dt. 10.02.2017 for 919 units for a period from 17.11.2016 to 17.01.2017 and thereafter, complainants moved an application to Ops for checking the meter. It is further alleged that the Ops checked and removed it and packed in card box and sent it to M&T Lab for checking and installed new meter. It is further alleged that on checking in M&T Lab, the meter found dead stop and reported that meter reading display vibrating and dead stop, hence the meter is defective. It is further alleged that Op issued bill No.15.3.2017 of 22056 units for a sum of Rs.1,36,951/- and complainants approached Op No.1, but again issued bill dt. 09.06.2017 of Rs.1,50,571/-. This act of Ops amounts to deficiency in service and adoption of unfair trade practice on the part of Ops. Hence, this complaint is filed.
2. Upon notice, the opposite parties appeared before this forum and filed written statement raising preliminary objections with regard to maintainability; locus standi; cause of action; non-joinder and mis-joinder; jurisdiction; that the complainant has concealed the true and material facts from this Forum. The true and material facts are that electricity connection No.KA-24/354 sanctioned load is 5.80 is existing in the name of Vijay Kumar, as per Nigam record and same has not transferred in the name of complainants till today; that in the month of April 2017, on the application of user, the said meter checked for accuracy and said meter was removed and new electricity meter Sr. No.1306840 was installed; that on 06.04.2017, the said meter was checked in the presence of Dinesh Kumar by authorized team of M&T Lab, Kaithal and as per observation, meter accuracy checked and found dead stop, but final reading showing as 37313.1; that as per instructions and guideline of Nigam, account of above said meter overhauled and earlier deposited amount & wrongly issued bill amount were deducted and after overhauling the account, bill of Rs.1,50,571/- was issued to the complainants; that due to non payment, said connection is disconnected by PDCO No.50/664 dt. 18.05.2017 and current arrear/ balanced bill amount Rs.1,55,337/- is pending towards the complainants/user. There is no deficiency in service on the part of answering Ops. On merits, it is contended that although meter of complainant premises was defective and not showing the accurate consumption but previous owner or complainants not brought up the same facts within the knowledge of Ops within time and used the electricity energy through the defected meter and used energy in the shape of units consumed as observed in M&T Lab, Kaithal, on which electricity bill of complainants is overhauled. The other contents of complaint are denied and so, prayed for dismissal of complaint.
3. In support of his case, the complainant tendered in evidence affidavit Ex.CW1/A; documents Mark C1 to Mark C12 and closed evidence on 22.08.2017. On the other hand, the Ops tendered in evidence affidavit Ex.RW1/A; documents Ex.R1, Mark R1 to Mark R3 and closed evidence on 29.09.2017.
4. We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by the parties.
5. Ld. counsel for the complainant reiterated all the points mentioned in the complaint. He argued that complainants have an electricity domestic connection at their premises and he purchased the said house from Vijay Kumar. It is further argued that the previous owner Vijay Kumar cleared all the electricity dues, but complainants shocked to receive electricity bill dt. 10.2.2017 for 919 units for a period from 17.11.2016 to 17.1.2017 and complainants moved an application to Ops for checking the meter. It is further argued that the Ops removed the meter and sent it to M&T Lab for checking of accuracy. It is further argued that on checking in M&T Lab, the checking team found that meter dead stop and reported that meter reading display vibrating and dead stop, hence the meter is defective and OP wing take necessary action as per officials record and the instruction of the Nigam for overhauling the consumer account and further said no tempering found with meter mechanism during internal examination. It is further argued that Op issued bill No.15.3.2017 of 22056 units demanding a sum of Rs.1,36,951/- and again demanded Rs.1,50,571/- as charges/ arrears etc. In support to his contention, he placed reliance upon authorities titled as Kartar Singh Vs. The Punjab State Electricity Board and others, 2014 (5) RCR (Civil),866 (P&H); Ram Chandra Prasad Sharma and others Vs. State of Bihar and another, AIR 1967, 349 (SC) and Bhagalpur Electric Supply Co. Ltd. Vs. Hari Prasad Saha and others, AIR 1938, Patna, 15.
6. On the other hand, ld. counsel for the Ops argued that the electricity connection No.KA-24/354 existing in the name of Vijay Kumar and same has not transferred in the name of complainants till today. It is further argued that on the application of user, said meter checked for accuracy and removed and new electricity meter Sr. No.1306840 was installed. It is further argued that on 06.04.2017, said meter was checked by M&T Lab, Kaithal and as per observation, meter accuracy checked and found dead stop showing final reading as 37313.1. It is further argued that as per instructions and guideline of Nigam, bill of Rs.1,50,571/- was issued to the complainants and due to non payment, said connection is disconnected by PDCO No.50/664 dt. 18.5.2017. It is further argued that meter of complainant premises was defective and but previous owner or complainants used the electricity energy through the defected meter and used energy in the shape of units consumed as observed in M&T Lab Kaithal, on which electricity bill of complainants is overhauled.
7. It is admitted case of the parties that the complainants having electricity connection No.X42-KA-24/0354. The dispute between the parties is with regard to the bill for a sum of Rs.1,50,571/-. The Ops contended that the on the application of complainant, the meter of complainant was removed and checked by M&T Lab, Kaithal and found dead but final reading showing the meter was 37313.1. On the other hand, ld. counsel for the complainant contended that the previous owner Vijay Kumar cleared all the dues vide bills dated 08.10.2016, 13.12.2016 and 29.12.2016 and Ops issued bill of Rs.1,50,571/- illegally. It is further contended that the said meter was vibrating dead stop and said facts is also admitted by the Ops in their report Annexure C-8 and when the meter was vibrating dead stop, then how the said meter will show the correct actual consumed units but insptie of that, the Ops had taken the units shown by the defective meter to be as consumed units, which is totally wrong and illegal. Moreover, Ops checked the meter of complainant on 06.4.2017 and made a report in Annexure C-7 that “the meter packed in card box in the presence of Shri Dinesh Kumar and sent to M&T Lab for checking of accuracy of meter, as per Nigam instructions. Supply was not in use since long time. Site is under construction at present time”. So it is crystal clear that meter of the complainant was not in use for a longtime and as per LL1, the connected load of the complainant was 0.015 KW and one CFL was found at site. So we found force in the contention of the complainant that the bill of Rs.1,51,571/- is illegal and void. Therefore, we are of the considered view that there is deficiency in service on the part of Ops in rendering services to the complainant.
8. Thus, as a sequel of above discussion, we allow the complaint and declare the bill of Rs.1,50,571/- as null & void as per reading 37313.1 and the connection of complainant bearing No.X42-KA-24/0354 is restored immediately. No order as to costs. A copy of this order be sent to the parties free of costs. File be consigned to the record room after due compliance.
Announced.
Dt.16.10.2017.
(Harisha Mehta), (Rajbir Singh),
Member. Presiding Member.
Present : Shri Hardeep Singh, Advocate for complainant.
Shri J.P. Jaglan, Advocate for the opposite parties.
Remaining arguments heard. Order pronounced, vide our separate order in detail of even dated, the present complaint is allowed. File be consigned to record-room after due compliance.
Dated:16.10.2017. Member Presiding Member.
