UHBVNL Vs. BHUPINDERA INDUSTRIES

JUDGEMENT

(1.) - This appeal is directed against the order dated 5.7.2001 passed by the District Consumer Disputes Redressal Forum, Yamuna Nagar at Jagadhri whereby the demand of Rs. 18,612.75 ps+648 ED+66/ -MT made from the complainant as per bill No. 089 dated 27.10.1997 has been quashed and direction has been given to the appellant -opposite parties to refund the said amount within a month from the date of the order.

(2.) PUT shortly, the facts of the case are that the complainant has been provided with electricity connection bearing account No. YI -95 at its premises which was transferred in the name of the complainant on 9.9.1996. Thereafter, the complainant received the Bill No. 089 dated 27.10.1997 for Rs. 15,115 in the month of October, 1997. In the said bill an amount of Rs. 14,235 shown as arrears. The complainant approached the opposite paties with regard to the excess bill received and he was allowed to deposit Rs. 5,500 with assurance that correct bill would be issued to it, but thereafter no action was taken by the opposite parties. Forced by these circumstances the present complaint was filed seeking direction to the opposite parties to waive off the amount of Rs. 9,807 shown as arrears of bill dated 27.11.1997 with further prayer to issue directions to the opposite parties to refund the amount of Rs. 4,620 recovered in excess from it. The complaint was contested by the opposite parties. In the written statement filed it was pleaded that at the time when electricity connection in question was transferred in the name of the complainant from previous owner on 9.9.1996, an affidavit was submitted from the side of the complainant undertaking to pay the arrears amount and it was thereafter no objection was obtained from the previous owner for the transfer of the account in the name of the complainant. It was further stated that the burnt meter of the complainant was replaced on 20.9.1996 and thereafter the account of the complainant was overhauled for a period of six months for the period April, 1996 to September, 1996 on the basis of consumption recorded during the period October, 1996 to February, 1997 and taking the basis as 1079 units month the total amount payable by the complainant came to be Rs. 18,612 + 75 PS. + 648 ED+66 -MT, and after deduting the amount deposited by the complainant of Rs. 4,959+103 ED+30 MT, Rs. 13,653.75 SOP + 545 ED + 36MT remained to be paid by the complainant which demand was justified. Accordingly, it was prayed that the complaint merited dismissal. On the basis of the pleadings of the parties and evidence adduced on record, the District Forum came to the conclusion that the meter being defective, the dispute was required to be referred to the Chief Electrical Inspector in terms of the requirements of Section 26(6) of the Indian Electricity Act, 1910 (hereinafter referred to as the Act, 1910) and as it has not been done so, the opposite parties were not justified in overhauling the account of the complainant. Consequently, the demand made in the bill was quashed and above stated directions were issued to the opposite parties in its order dated 5.7.2001. Hence, the present appeal at the behest of the appellant -opposite parties.

(3.) LEARNED Law Officer representing the appellant -opposite parties has been heard at length. None has chosen to appear to argue the matter on behalf of the respondent -complainant.