Haryana

Ambala

CC/258/2020

Gurvinder Singh - Complainant(s)

Versus

UHBVN - Opp.Party(s)

Daya Ram

13 Sep 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	258 of 2020
Date of Institution	:	02.11.2020
Date of decision	:	13.09.2023

Gurvinder Singh (age about 25 years) S/o Sh. Balzinder Singh, resident of Village & Post Office Majri, Tehsil & Distt. Ambala.

          ……. Complainant.

                                                                          Versus

1. Uttar Haryana Bijli Vitran Nigam, Vidyut Sadan, Sector:6, Panchkula through Executive Engineer, OP Div. UHBVN, Ambala Cantt:
2. Uttar Haryana Bijli Vitran Nigam through its S.D.O (OP) No.1, Ambala Cantt.

  ….…. Opposite Parties.

Before:                 Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

                 Shri Vinod Kumar Sharma, Member.           

 

Present:                None for the complainant.

                               Shri Chandeep Singh Bindra, Advocate, counsel for the OPs.

Order:                 Smt. Neena Sandhu, President.

                           Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To withdraw the demand of excessive amount of more than rupees Fifty Four thousand as shown in the electricity bills for the period 29.02.2020 to 30.06.2020 and not to disconnect the electricity connection.
2. To pay Rs.15,000/- as damages on account of mental agony, harassment, the deficient service and unfair trade practice.
3. To pay Rs.11,000/- as litigation expenses.
4. Grant any other relief be granted to the complainant which this Commission may deem fit. 

 

2.             Brief facts of this case are that the complainant is permanent resident of the address given above and having a Domestic Supply electricity connection bearing A/c A110D303391Y with sanctioned load 3.00 Kw, which was installed by the OPs. Since the date of installation of electricity connection, the complainant is making payment of electricity being consumed by him. However, he  was shocked when he received electricity bill no.02667 dated 30.05.2020 for the period of 29.02.2020 to 30.04.2020 for consumption of 2021 units amounting to Rs.15358.97/- as E.D, F.S.A, charges, arrears outstanding dues, sundry charges/allowance of Rs.38,467/- and gross amount payable after due date as Rs.39,603/-. After receiving the above said bill, the complainant visited the office of the OPs and apprised the OP No.2 in the matter but to no avail.  Again the complainant was shocked when he received an electricity bill no.02663 dated 28.07.2020 for the period of 30.04.2020 to 30.06.2020 for consumption of 1979 units amounting to Rs.15041.03/- as E.D, F.S.A, charges, arrears outstanding dues, sundry charges/allowance of Rs. 54,503/- and gross amount payable after due date as Rs.56115/-. The complainant again requested the OPs to rectify the above said mistake in the bill and was ready to deposit the bill of actual consumption for the period of 29.02.2020 to 30.06.2020, but they flatly refused to rectify the same and rather threatened to disconnect the electric connection if the above said amount is not deposited. The bills were sent by the OPs for abnormal units of electricity, whereas, on the other hand, the complainant consumed the electricity units ranging between 200 to 300 units for the said period. Hence, the present complaint.
3.           Upon notice, OPs appeared and filed written version and raised preliminary objections with regard to maintainability; not come with clean hands and suppressed the true and material facts, no locus standi and no cause of action etc. On merits, while admitting factual matrix of the case, with regard to installation of electricity meter in the house of the complainant and disconnection thereof later on, it has been stated that the complainant is a very bad pay master and never used to pay the bills regularly as per the actual consumption and the last payment was made by him to the tune of Rs. 2502/- on 14.02.2018. The OPs have rightly issued the bill dated 30.05.2020 for the period from 29.02.2020 to 30.04.2020 amounting to Rs.39603/-. The bill dated 30.05.2020 included the previous arrears of Rs.23,108/- and Rs.15,358/- on account of current consumption for the period from 29.02.2020 to 30.04.2020 and the total bill of Rs.39603/- with surcharge was issued by the OPs. The complainant consumed 2021 units during the period from 29.02.2020 to 30.04.2020 as consumption/meter reading recorded from the meter. Thereafter, the OPs rightly issued the bill dated 28.7.2020 for the period from 30.04.2020 to 30.06.2020 for Rs.56115/- with surcharge. The bill dated 28.07.2020 included the previous arrears of Rs.39,603/- and Rs. 15,041.03/- on account of current consumption for the period from 30.04.2020 to 30.06.2020 and the total bill of Rs.56,115/- with surcharge was issued by the OPs. The complainant consumed 1979 units during the period from 30.04.2020 to 30.06.2020 as consumption/meter reading recorded from the meter. Due to non-payment of bills by the complainant, outstanding amount against him raised upto Rs.93740/- till March, 2021. The OPs have already disconnected the meter in question, vide PDCO Book No. 260 Sr. No.25 dated 22.1.2021 and effected on 22.02.2021. The complainant is liable to pay/clear all the outstanding amount of his meter. Rest of the averments of the complainant were denied by the OPs and prayed for dismissal of the present complaint with costs and exemplary costs.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW1/A alongwith documents as Annexure C-1 & C-2 and closed the evidence on behalf of the complainant. On the other hand, learned counsel for the OPs tendered affidavit of Ajay Kumar Gupta, SDO, Sub Division No.1, UHBVN, Ambala Cantt. as Annexure R-A alongwith documents Annexure R-1 to R-12 and closed the evidence on behalf of the OPs.
5.           None put in appearance to argue the case on behalf of the complainant. Therefore, this Commission heard the learned Counsel for the OPs and also carefully gone through the case file.
6.            Learned counsel for the OPs submitted that the complainant is very bad pay master and never used to pay the bills regularly as per the actual consumption and the last payment of Rs.2502/- was made by him on 14.02.2018 i.e. more than five years ago and therefore he is in huge arrears of more than Rs.90,000/-. He further submitted that the electricity connection in question has already been disconnected on defaulting amount vide PDCO Book No. 260 Sr. No. 25 dated 22.1.2021 and effected on 22.02.2021. On 25.10.2021, the complainant being non consumer was caught red handed while stealing the electricity on the same premises and in this regard LL-1 report was made on the spot vide LL-1 Book No.8858 Sr. No.46 dated 25.10.2021. He further submitted that while disposing of the application dated 03.03.2023, filed by the complainant, this Hon’ble Commission directed the applicant/complainant to make the payment pending towards the electricity consumed by him in respect of the meter in question, within a period of 30 days from the date of receipt of certified copy of the order, on receipt of fresh demand from the respondents/OPs. At the same time, the respondents/OPs were also directed to raise fresh demand, within a period of 15 days from the date of receipt of the certified copy of the order, qua the amount due towards the electricity meter in question of the complainant till the date of filing of the Consumer Complaint i.e 02.11.2020, strictly as per laid down Rules/Regulations and restore the electricity connection at the premises of the applicant/complainant immediately on receipt of the said pending payment towards the meter in question. In compliance of the order dated 12.04.2023, of this Hon’ble Commission, the OPs raised the demand on 27.04.2023 for Rs.85,446/-, to be paid upto 30.10.2020. He has produced the copy of the letter dated 27.04.2023, vide which the demand was raised in compliance of the order dated 12.04.2023, same is marked as “A” and “B”. He further submitted that no amount has been paid by the complainant, as such, this complaint may be dismissed with heavy costs.
7.           The moot question which falls for consideration in the present case is, as to whether, the OPs were justified in disconnecting the electricity meter of the complainant or not. It is significant to mention here that though allegations have been leveled by the complainant against the OPs that exaggerated electricity bills were raised by them for the period from 29.02.2020 to 30.06.2020, yet,  not even a single evidence has been placed on record to prove that the complainant has raised any complaint in that regard to the OPs. Even no evidence has been placed on record by the complainant to prove that he has made any payment after the year 2018 qua his electric meter, especially, when a specific objection has been taken by the OPs that he is bad pay master and has not paid any amount after the year 2018 towards consumption of electricity through the meter in question. However, on the other hand, the learned counsel for the OPs while placing reliance on the electricity bills 30.10.2019 to 30.10.2020 (Annexure R-3 to R-8) has proved their case that the complainant has failed to pay pending amount towards the said bills and stated that the last payment had been made  him only on 14.02.2018 for an amount of Rs.2502/- (Annexure R-2), as a result of which,  the meter in question stood disconnected vide PDCO No.260, Sr. No.25 dated 22.01.2021 (Annexure R-1), which was effected on 22.02.2021. It is significant to mention here that had the complainant paid the pending electricity bills for the period from 2018 to 2020, he was having ample opportunity to place on record the evidence in that regard, but he miserably failed to do so. Under these circumstances, we are of the considered view that if the OPs had raised the demand qua the pending amount, alongwith sundry charges etc. for the period from 30.10.2019 to 30.10.2020 (Annexure R-3 to R-8) and at the same time, the complainant has failed to make payment of the same, the OPs cannot be said to be at fault.
8.           Not only as above, the complainant even failed to counter the allegations leveled by the OPs, supported by documentary evidence to the effect that on 25.10.2021, the complainant being non consumer was caught red handed while stealing the electricity on the same premises and in that regard LL-1 report was made on the spot vide LL-1 Book No. 8858 Sr. No.46 dated 25.10.2021, Annexure R-9.  Under these circumstances, no relief can be given to the complainant, as far as the present complaint is concerned.
9.           In view of peculiar facts and circumstances of this case, it is held that because the complainant has failed to prove his case, as such, no relief can be given to him. Resultantly, this complaint stands dismissed with no order as to cost. However, the complainant is at liberty to get his electricity connection restored after making payment of pending amount of the bill to the OPs. Certified copies of the order be sent to the parties as per rules.  File be annexed and consigned to the record room. 

Announced:- 13.09.2023

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President