State Consumer Disputes Redressal Commission
Dhbvnl vs Ishwar Anchal on 17 December, 2015
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA PANCHKULA First appeal No.119 of 2015 Date of the Institution: 05.02.2015 & 22.01.2015 Date of Decision: 17.12.2015 The Sub Divisional Officer-cum-A.G.M., Sub division No.1, DHBVNL, District Bhiwani. The Managing Director, DHBVNL, Vidyut Nagar, Hisar through its Executive engineer, city Operation divn., DHBVNL, Bhiwani. The Executive Engineer-cum-D.G.M./Xen, "OP" City Division, DHBVNL, District Bhiwani. .....Appellants Versus Ishwar Anchal S/o Late Sh.Purshotam Dass,Gali Sunaran, Chiripal Mohalla, Tehsil and District Bhiwani. .....Respondent CORAM: Mr.R.K.Bishnoi, Judicial Member Mrs.Urvashi Agnihotri, Member Present:- Mr.B.D.Bhatia, Advocate counsel for the appellants. None for the respondent. O R D E R
R.K.Bishnoi, JUDICIAL MEMBER:
It was alleged by the complainant that he was having electric connection No.RN-11-134 installed in the name of his father. On 30.12.2011, officials of the Opposite parties (O.Ps.) inspected the premises in his absence and removed the meter and cable. Thereafter, he installed new meter on the pole. Junior Engineer had obtained the signatures of her wife on some printed papers and taken away the old meter alongwith cable. Due to the act and conduct of the O.Ps. he paid Rs.930/- being the cost of meter, box and cable for reconnection of electricity supply.
2. O.Ps. filed reply controverting his averments and alleged that On 30.12.2011 the connection of the complainant was checked by Nigam's official in the presence of Smt. Sunita Anchal. Checking report was signed by Smt.Sunita Anchal. During checking old meter was found installed inside the premises of the complainant and same was removed as per policy of the Nigam and new digital meter was installed outside the premises on the pole. The old electricity meter installed in the premises of the complainant was property of the Nigam and it was rightly taken away by the members of the checking party.
3. After hearing both the parties the learned District Consumer Disputes Redressal Forum, Bhiwani (in short " District Forum") directed as under:-
"1. To refund Rs.930/- being the cost of meter, meter box as well as electric wire along with interest @ 12% per annum from the date of filing of this complaint till its final realization.
2. to pay Rs.2200/- as litigation charges.
4. Feeling aggrieved therefrom, the opposite parties have preferred this appeal.
5. Arguments heard. File perused.
6. Learned counsel for the appellant argued that the meter was replaced as per instruction No.4.2, which is produced alongwith the appeal, but, due to inadvertence the same could not be produced before the District forum. It is also argued that the meter is the property of the Nigam and they can charge this amount.
7. However it is not disputed that as per instruction No.4.2 the Nigam can replace the meter, but, is supposed to adjust the amount already paid by the complainant qua the previous meter. Nigam cannot force the consumers to pay for new meter again and again when they are changing meter as per their policy and not as per request of the consumers. Appellant has failed to show that what was charged previously from the complainant. So in these circumstances appellant-O.P. cannot charge for the new meter without adjustment of previous payment. If the complainant did not pay any amount for the previous meter, then only appellant can charge this amount.
8. Resultantly impugned order dated 20.10.20914 is modified to the effect that the appellant-O.P. can charge only the difference in amount paid qua the previous meter and the present meter. If he has not paid any amount for the previous meter, then only appellant can charge this amount.
9. With this modification, appeal stands disposed off.
10. The statutory amount of Rs.1700/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.
December 17th, 2015 Mrs.Urvashi Agnihotri, Member, Addl.Bench R.K.Bishnoi, Judicial Member Addl.Bench S.K.