BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint Case No.246 of 2018.
Date of institution: 24.09.2018.
Date of decision:10.12.2019.
Seema Devi wife of Randhir Singh, resident of Village Karora Tehsil Pundri, District Kaithal.
…Complainant.
Versus
- Uttari Haryana Bijli Vitran Nigam Ltd., through its Sub Divisional Officer, Operation Sub Division UHBVN, Pundri.
- Executive Engineer, Operation Divn. UHBVN Pundri.
- Uttar Haryana Bijli Vitran Nigam Ltd., Shakti Bhawan, Sector-6, Panchkula, through its Secretary.
….Respondents.
Before: Sh. D.N.Arora, President.
Sh. Rajbir Singh, Member.
Smt. Suman Rana, Member.
Present: Sh. Vijaypal Tanwar, Advocate for the complainant.
Sh. J.P.Jaglan, Advocate for the OPs.
ORDER
D.N.ARORA, PRESIDENT
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant is having an electricity connection bearing account No.KN15-4176-M and has been paying the bills regularly. It is alleged that in the month of August, 2018 the complainant received the bill dt. 13.08.2018 for the sum of Rs.3677/-. The complainant approached the officials of Ops and asked about the excessive bill of Rs.3677/- and the officials of Ops added more Rs.541/- on 29.08.2018 and asked the complainant to deposit Rs.4218/- as mentioned in the bill dt. 13.08.2018. It is further alleged that the complainant has installed only three ceiling fans, four LED bulbs at her residence. The number of meter installed at the house of complainant is 8238424 but in the bill, the Ops are showing the meter number 38613287 which is totally wrong. It is further alleged that the units consumed are shown by the Ops in the bills are totally wrong and not as per actual units consumed. The meter-reader never came to the premises of complainant to note its reading. All the bills are being sent by the Ops to the complainant of the meter of some other person for which the complainant is not bound to pay the same. So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint. Hence, this complaint.
2. Upon notice, the OPs appeared before this Forum and contested the complaint by filing their reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; jurisdiction; that the complainant has concealed the true and material facts from this Forum. The true facts are that the answering Ops verified the working of meter through the concerned official and same was found O.K. in running condition and thereafter bill of complainant was overhauled as per recorded consumption as per provision of Electricity Act and thereafter, an amount of Rs.3505/- is waived off from his arrear of bill and the same is entered vide SCL-292/95/217 against the account of complainant and the meter number was wrongly mentioned in the bill. There is no deficiency in service on the part of Ops. On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.
3. The complainant tendered into evidence affidavit Ex.CW1/A and documents Annexure-C1 to Annexure-C13 and thereafter, closed the evidence. The complainant tendered in additional evidence documents Annexure-C14 to Annexure-C18 and closed the additional evidence.
4. On the other hand, the Ops tendered into evidence affidavit Ex.RW1/A and documents Annexure-R1 to Annexure-R3 and thereafter, closed the evidence.
5. We have heard the learned Counsel for both the parties and perused the record carefully.
6. Undisputedly, the complainant is having an electricity connection bearing account No.KN15-4176-M. The main grievance of the complainant is that in the month of August, 2018 the complainant received bill No.04187 dt. 13.08.2018 Annexure-C2 for the sum of Rs.3677/-. The complainant has challenged the said bill.
On the other hand, the Ops have taken the specific stand in the written statement that they have verified the working of meter through the concerned official and same was found O.K. in running condition and thereafter bill of complainant was overhauled as per recorded consumption as per provision of Electricity Act and thereafter, an amount of Rs.3505/- is waived off from his arrear of bill and the same is entered vide SCL-292/95/217 against the account of complainant.
7. We have perused the case file. During the course of arguments, the Ops have placed on file the consumption data and particular of sundry charges regarding the electricity connection No.KN15-4176-M for the period 2/2017 to 10/2019 wherein it is clear that an amount of Rs.3505/- is waived off from his arrear of bill and the same is entered vide SCL-292/95/217 against the account of complainant. In this regard Sh. Deepak Dhiman, CA, UHBVN, Sub Division No.1 made separate statement on 04.09.2019 to the effect that the amount of surcharge regarding disputed bill 8/2018 to 2/2019 has been corrected as per rules of the Nigam and entered in the sundry No.292/95/217 and he further stated that if any surcharge remains unsettled, it will also be waived off in future bills and meter number 8238424 will be corrected in the future bills according to the NCO dt. 13.09.2017. However, ld. Counsel for the complainant admitted at the time of arguments that the Ops have waived off the amount of Rs.3505/- and they have corrected the meter number but the Ops have sought out the grievance after filing of present complaint and the complainant is entitled for the cost of proceeding as-well-as compensation for harassment and mental agony suffered by her.
The another contention of complainant is that the Ops have wrongly issued the bills bearing No.04365 dt. 02.04.2019 for the period 16.01.2019 to 16.03.2019 amounting to Rs.2778/-, 04403 dt. 04.06.2019 for the period 16.03.2019 to 16.05.2019 for the sum of Rs.9713/-, 04334 dt. 06.08.2019 for the period 16.05.2019 to 16.07.2019 for the sum of Rs.10,555/- Annexure-C14 to Annexure-C16 respectively. The complainant has also challenged the said bills. After going through the case file and facts of present case, we are of the considered view that the main grievance of the complainant regarding challenging the bill No.04187 dt. 13.08.2018 Annexure-C2 for the sum of Rs.3677/-has been resolved by the Ops. So far the claiming the cost of proceeding as-well-as compensation for harassment and mental agony is concerned, as per record, the complainant moved an application to the S.D.O. on 30.04.2017 as per Annexure-C17 and another application on 25.06.2018 Annexure-C18 for correction of the bill due to not recording the meter and the meter is giving the excessive consumption and he prayed for checking the meter. Accordingly, the official of the Ops i.e. A.L.M. has checked the meter and found O.K. and made the endorsement on the back-side of application. But the Ops have sought out the grievance of complainant after filing of present complaint. If the Ops have resolved the matter within short period then there was no need to complainant for filing the present complaint. We are of the considered view that the above-said act of Ops amounts to deficiency in service on their part. So far as the another bills Annexure-C14 to Annexure-C16 are concerned, the same is separate cause of action which has been arisen after filing of present complaint and this Forum cannot pass any order on this point.
8. Thus, as a sequel of above discussion, we allow the present complaint partly. The Ops are also directed to pay Rs.2500/- as lump sum compensation on account of harassment, mental agony including the litigation charges. The above-said costs of Rs.2500/- will be adjusted by the Ops in the future bills of complainant. However, the complainant is at liberty to file another complaint in appropriate court/forum or in the Court of competent jurisdiction for challenging the another bills as per Annexure C14 to Annexure-C16 as per provisions of law, if she desires so. A copy of said order be supplied to the parties free of costs. File be consigned to record-room after due compliance.
Announced in open court:
Dt.:10.12.2019.
(D.N.Arora)
President.
(Suman Rana), (Rajbir Singh)
Member Member.
