BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM;
HISAR
C.C.NO.73/2007
Date of Institution: 22.2.2007
Date of Decision; 16.1.2009
Telu Ram son of Beg Raj resident of Bobua, Tehsil and District Hisar.
..Complainant
Versus
1. SDO, Op. Sub Division, Dakshni Haryana Bijli Vitran Nigam, Barwala.
2. XEN Op. Division NO.2, Dakshin Haryana Bijli Vitran Nigam Limited, Hisar.
..Respondents
Present: None for the complainant
Shri Ganga Ram, Law Officer for the respondents
ORDER
AS PER PRESIDENT SH.R.P.KAUSHIK;
Telu Ram-complainant has filed the present complaint under Section-12 of the Consumer Protection Act, 1986 against the respondents with the averments that the complainant is the consumer of the respondents and his Meter No.VV/0676 is installed at his house in village Bobua and the respondents added the bill of Karamvir brother of the complainant in the bill of the complainant and meter number of Karamvir was VV-0141 and a sum of Rs.6013/- was due from him and complainant is residing separately from his brother Karamvir in a separate house and has nothing to do with the payment of bill of Karamvir and complainant moved an application before SDO Operation Sub Division, DHBVNL, Barwala regarding correction of the bill and the SDO marked the same to the lineman Samunder Singh who reported after verifying from the spot that Telu Ram complainant whose account number is VV-0670 and has separate ration card and separate residence and necessary action may kindly be taken but SDO Operation Sub Division, DHBVNL Barwala refused to deduct the amount of Karamvir from the bill of the complainant and further claimed that there is no legal obligation on the part of the complainant to pay the electricity bill of his brother who is residing separately and has nothing to do with the complainant and prayed that respondents be directed to deduct the amount of the bill of Karamvir from the bill of the complainant and also to award compensation to the tune of Rs.25000/- and furnished his affidavit to support the assertions made in the complaint and tendered in his evidence application annexure C-1, affidavit annexure C-2 and photocopy of bill annexure C-3.
On notice, respondents appeared through their Law Officer and filed the written statement taking various preliminary objections of maintainability, concealment of fact, non-joinder and mis-joinder of the parties, estoppel and on merits averred that account NO.VV/0676 was released in the name of the complainant in the year 2003 and the Account No.VV-0141 was released in the name of Karambir real brother of the complainant in the year 1981 and the complainant and Karamvir are real brothers and it was a Hindu Undivided family and at that time the complainant and Karamvir were using the electricity through Account NO.VV-0141 and the Account NO.VV/0141 was disconnected on defaulting amount of Rs.5235/- and the complainant and Karamvir were using the electricity through Account NO.VV/0141 and at that time it was Hindu United Family and being Hindu United Family and user of electricity, the said defaulting amount of Rs. 6013/- alongwith surcharge was transferred in the account of the complainant and further stated that the assessed amount of Rs.7105/-from the account of the complainant has been withdrawn and the nigam reserves is right to recover the said dues from the consumer and claimed for the dismissal of the complaint and furnished affidavit of Shri G.R.Banga, SDO Operation, Barwala and tendered in their evidence copy ledger annexure R-1, copy of sundry item annexure R-2 and R-3.
As none appeared on behalf of the complainant, so arguments on behalf of respondents were heard.
While arguing, Mr Ganga Ram, Law officer appearing on behalf of the respondents reiterated all the facts mentioned in the written statement and argued that Account NO.VV/0676 is in the name of the complainant and Account No.VV-0141 is in the name of Karam Bir brother of the complainant and there was defaulting amount against Karambir brother of the complainant and both Karambir and complainant are real brothers and they have been jointly using the Account No.VV-0141. Account No.VV/0141 was disconnected on defaulting amount of Rs.5235/- and this amount was transferred in the account of the complainant but later on this amount has been deducted from the account of the complainant and has drawn our attention towards sundry item annexure R-2 and R-3 wherein it has been mentioned that Rs.7105/- hereby refunded to the consumer which rre already stands charged and further contended that grievance of the complainant has been redressed and prayed for the dismissal of the complaint.
We have heard the arguments advanced by the Law Officer for the respondents and perused the record on the file.
Admittedly, as the complainant has connection in his name, so there is relationship of consumer and service provider between the parties. Now, the question for determination before us in this case is whether there is any deficiency in service on the part of the respondents or not and if yes what its effect? Admittedly, a sum of Rs.7105/- which was due towards Account No.VV-0141 standing in the name of Karam Bir was transferred in the account of the complainant bearing NO.VV-0676 without any reason and basis; though later-on that amount has been deducted/withdrawn from the account of the complainant and has been refunded to the complainant through sundry items as mentioned above but still that caused lot of harassment, mental agony and inconvenience to the complainant and further dragged him in the unnecessarily litigation. So, it is a clear case of deficiency in service and negligence on the part of the respondents. Therefore, we allow this complaint and direct the respondent to pay in all a sum of Rs.2000/-(Two Thousand only) as compensation on account of mental agony, harassment and litigation expenses. Compliance of this order be made within a period of one month. A copy of this order be supplied to both the parties free of cost as required under Sub Rule 10 Rule 4 of the Haryana Consumer Protection Rules,1988. File be consigned after due compliance.
ANNOUNCED IN OPEN FORUM ( R.P.KAUSHIK)
On. 16.1.2009 President
( PYARE LAL CHAUHAN )
Member
( KRISHNA KANTA )
Member