LACCHMAN Vs. EXECUTIVE ENGINEER, DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED
LAWS(HRCDRC)-2013-10-8
HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 03,2013

Lacchman Appellant
VERSUS
Executive Engineer, Dakshin Haryana Bijli Vitran Nigam Limited Respondents

JUDGEMENT

S.M.KANTIKAR,MEMBER - (1.) THE Petitioner has filed the Revision Petition against the order dated 02.07.2012 passed by the Honble State Consumer Disputes Redressal Commission, Panchkula, Haryana, (in short, State Commission) in First Appeal No. 540 of 2012, challenging the order of the District Consumer Disputes Redressal Forum, Bhiwani, Haryana, (in short, District Forum) in Consumer Complaint no. 20 of 2009. The State Commission dismissed the Appeal on 02.07.2012, being bereft of merit. The District Forum dismissed the complaint on 21.03.2012, after appreciating the documents on record and also after considering the statutory provisions and relevant judgments placed on file.
(2.) THE facts in brief: Shri Lacchman, the Complainant was a consumer of Dakshin Haryana Bijli Vitran Nigam Limited, Bhiwani, Haryana (in short DHBVNL) is having an electricity connection bearing account No. B -23 -DB -0343 and has been using and paying the bills regularly. He has cleared the electricity bills, till December, 2005, and moved an application for permanent disconnection of above said electricity connection. Thereafter, the OP issued a bill, dated 06.12.2005, for Rs.3918/ - upon which he met the SDO concerned, who, advised to deposit Rs.240/ - and that the remaining amount will be waived off to all the farmers of Haryana State. It is further alleged that the SDO made necessary remarks in the application of Complainant and directed to issue PDCO. The Complainant further alleged that Shri Krishan alias Hari Kishan, Lineman, removed the meter and handed over to Goverdhan, L.M. in the month of December, 2005, but it was surprised to note that OP issued a Bill dated 11.04.2008, amounting to Rs.8289/ -. The Complainant visited the office of the OPs, but they did not pay any heed, and a written complaint, dated 18.07.2008, was made to the higher authorities. Thereafter, the Office of Chairman, Forum of Redressal Grievance of Consumers, Vidhut Sadan, Hissar, directed the S.E. (OP) Circle, DHBVNL, Bhiwani, to redress the grievance, immediately. But, the OPs again issued a bill dated 10.08.2008, amounting to Rs.9184/ - and on enquiry it was told that due to clerical mistake, the bill has been issued and the same will be rectified, as per rules and regulations of the Nigam. The Complainant requested the OPs to issue œNo Dues Certificate  in January 2009, but OP refused to issue the same and demanded Rs.9184/ -, along - with surcharge, etc. Even after disconnection of electricity, in December, 2005, the OP issued bill, which was wrong, illegal, arbitrary, against law and facts, and he is not liable to pay the same. Hence, it amounts to deficiency in service on the part of OPs and as such, he filed complaint No. 20/2009, in the District Forum.
(3.) THE OPs denied the deficiency and all the allegations made by the complainant. OP stated that the Complainant was a chronic defaulter and had not cleared his bills, for a long period; therefore, he was not entitled to Waiver Scheme, as per conditions of the policy. Also, the Complainant was not entitled to get œNo Dues Certificate , without making payment of energy bills, along with surcharge, up to date. The District Forum dismissed the complaint, ignoring the facts of the case.;


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