BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.
Complaint no.17/2017.
Date of instt.: 12.01.2017.
Date of Decision: 05.09.2017.
Harjeet Singh S/o Issar Singh, resident of Arjun Nagar, Kaithal, Tehsil & Distt. Kaithal.
……….Complainant.
Versus
- S.D.O., Division ‘OP’ Sub Division, UHBVN X-41, City Kaithal.
- XEN, UHBVN, Kaithal.
..………OPs.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before Sh. Rajbir Singh, Presiding Member.
Smt. Harisha Mehta, Member.
Present : Sh. M.R.Miglani, Advocate for complainant.
Sh. Balbir Bansal, Advocate for the opposite parties
ORDER
(RAJBIR SINGH, PRESIDING MEMBER).
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he is consumer of Ops vide electricity connection No.X-41KZ172330 and has been paying the bills regularly. It is alleged that in the month of February, 2016 the complainant received a bill for a sum of Rs.71,172.46 paise and units consumed were shown 8340. It is further alleged that the complainant made written complaint to the Ops for correction of bill but they did not do so rather they issued the bill in the month of August, 2016 for a sum of Rs.1,07,923/-. The said bill is wrong and illegal. This way, the Ops are deficient in service. Hence, this complaint.
2. Upon notice, the Ops appeared before this forum and filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; that the complainant has concealed the true and material facts from this Forum. The true and material facts are that the complainant has made undertaking through affidavit dt. 27.09.2016 that he has deposited Rs.56,000/- (vide receipt No.134 dt. 26.09.2016) and rest of the arrears of electricity will be paid within three instalments; that the Ops considering his request with the application and agreement form and receipt of Rs.56,000/- dt. 26.09.2016 and further undertaking to pay the remaining arrears issued the RCO KZ172330 in favour of complainant but the complainant deliberately and knowingly suppressed the above-said facts before this forum. There is no deficiency in service on the part of answering Ops. On merits, the 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 and documents Ex.CA to Ex.CM and Mark-CA and closed evidence on 26.05.2017. On the other hand, the Ops tendered in evidence affidavit Ex.RW1/A and documents Ex.R1 to Ex.R7 and closed evidence on 11.07.2017.
4. We have heard ld. counsel for both the parties and perused the case file carefully and minutely.
5. From the pleadings and evidence of the case, the dispute between the parties is that according to complainant, he is consumer of Ops vide electricity connection No.X-41KZ172330 and has been paying the bills regularly. The Ops have issued the bill in the month of August, 2016 for a sum of Rs.1,07,923/- but the complainant did not deposit the same and the Ops have disconnected the electricity connection in question of the complainant in the month of September, 2016. After the disconnection of electricity connection, the complainant has made undertaking through affidavit dt. 27.09.2016, Ex.R1 that he has deposited Rs.56,000/- (vide receipt No.134 dt. 26.09.2016) and there was Rs.55,106/- outstanding against the complainant which was to be paid in three instalments by the complainant. The complainant did not pay nothing against the outstanding amount of Rs.55,106/-. So, the Ops have rightly issued the bill to the complainant. The complainant has not disclosed the above-said facts and concealed the same from this forum. So, without going into any other controversy of the case, we are of the considered view that the complainant has not come to this forum with clean hands and the Ops have rightly issued the bill to the complainant.
6. Thus, as a sequel of above discussion, we find no merit in the complaint and accordingly, the same is hereby dismissed. No order
as to costs. A copy of this order be sent to both the parties free of costs. File be consigned to the record room after due compliance.
Announced.
Dt.05.09.2017.
(Harisha Mehta), (Rajbir Singh),
Member. Presiding Member.
