SUB-DIVISIONAL OFFICER OP DHBVNL Vs. RAJINDER PRASAD

JUDGEMENT

(1.) This appeal received by transfer from Haryana State Commission, under the orders of Hon'ble National Commission, has been filed against order dated 17.1.2001 passed by District Consumer Disputes Redressal Forum, Gurgaon in Complaint Case No.2266 of 17.12.1998. The contextual facts in brief are as under.

(2.) The respondent/complainant is a subscriber of appellant/op for an electricity connection vide meter bearing No.141/1011. As per averments, the bills have been paid regularly and no amount was due towards him. The respondent/complainant has alleged that a bill dated 27.10.1998 for an amount of Rs.6,608 for the previous bi-monthly cycle was issued and the same was paid by him under protest. The respondent/complainant is further aggrieved against the issuance of the bills for an amount of Rs.5,508 and Rs.2,712 as the same has been alleged to be arbitrary and illegally issued though all the amounts due to him have stood paid. The respondent/complainant was compelled to pay the aforesaid bill of Rs.6,608 because of threat of disconnection and hence liable to be refunded to him. The respondent/complainant has also pleaded that he is a disabled person and does not have anybody to help him. However, due to aforesaid arbitrary issuance of bills, he had to visit the officials of the appellant/op department, a number of times requesting them to refund the amount of Rs.5,508. Applications dated 28.10.1998 and 26.11.1998 were made to the appellant department, however needful was not done which caused immense inconvenience, harassment and mental agony to the complainant because of the above stated deficient services provided by the OP department. The complainant has prayed for a direction for deletion of amount of Rs.2,712 from the bill dated 27.10.1998 for refund of Rs.5,508 paid under protest in the bill dated 7.11.1997 and a direction to the OP not to disconnect his electric supply during the pendency of the complaint. Rs.10,000 have been claimed towards harassment, mental agony, etc.

(3.) In the reply filed by the OP department, the preliminary objection taken is that complaint is false, mischievous and an attempt at abuse, the process of law and there being no deficiency in service and thus is liable to be dismissed.