HVPN Vs. GURNAM SINGH

JUDGEMENT

(1.) THIS appeal by opposite parties is directed against the order dated 20.5.2002 passed by District Consumer Forum,Yamuna Nagar at Jagadhri whereby complaint case No. 565 of 11.9.2001 filed by Gurnam Singh and other 37 residents of village Pabni Kalan was allowed in the following terms:

(2.) THE parties in this judgment hereinafter shall be referred to as per their ranking before the District Forum.

(3.) IN nutshell, the facts as set out in the complaint are that the complainants were the consumers of electricity having different electric connections and were paying the bills regularly. The OPs issued sale circular No. 14/98 according to which the concessional tariff had been implemented for the tubewells according to the depth. Earlier the system was implemented on the basis of Block as a unit and subsequently it was taken on the basis of Patwar Circle as a unit. The rate was revised in the year 2001 according to which the complainants were paying Rs. 104 per BHP per month which was illegal and wrong. OPs issued the bills on the basis of survey conducted by the Agricultural Department, Haryana in the year 1998 -99 according to which complainants were paying revised charges of Rs. 104. The Patwar Circle of Pabni Kalan consisted of four villages where the majority tubewells were of the depth of 101 feet to 150 feet for which the rate was Rs. 75 per BHP per month , so the complainants were liable to pay at the rate of Rs. 75 per BHP per month though the tubewells of complainants were of depth of more than 200 feet. The complainants were also entitled to refund of the amount recovered in excess by the OPs w.e.f. 1.5.1998. It was alleged that the OPs were charging according to the total number of tubewells mentioned in the list provided by the Agricultural Department, Haryana. As per the said list Pabni Kalan Patwar circle had total number of 155 tubewells out of which 97 tubewells were of 100 feet depth and 58 tubewells of above 200 feet depth whereas according to village -wise list of Agriculture Department there were 135 tubewells instead of 155 in all the four villages and out of those 135 tubewells, majority of tubewells fell under the category of 101 feet to 150 feet depth. It was further alleged that the complainants had got the certified copy of the list of tubewells of patwar Circle Pabni Kalan from the Deputy Director, Agriculture Department, Haryana, Yamunanagar who conducted the survey and the other list prepared by Agricultural Department on which basis OPs were charging the complainants was wrong as exact survey had not been conducted. Complainants requested to OPs to recover the amount according to the slab applicable but they did not pay any heed to their request. Hence, alleging deficiency in service on the part of OPs, complainants filed complaint before the District Consumer Forum seeking direction to charge the electricity bill according to the exact list of tubewells of Patwar Circle Pabni Kalan vide which they were liable to pay Rs. 75 per BHP per month and to adjust or refund the amount received in excess from the complainants with interest @ 18% p.a. with effect from 1.5.98.