Friday, July 12, 2013

Consumer Protection Act, 1986 - Deficiency in service - Sudden spurt in the power Bill

Indus Hos­pi­tal Vs HPSEB 21.03.2005

Orig­i­nal Com­plaint No. 23 of 2002

Hon’ble Mr. Jus­tice Surinder Swa­roop ®, Pres­i­dent.

Hon’ble Mr. Onkar Chand Thakur Mem­ber.

Hon’ble Mrs. Prem Chauhan, Mem­ber.

2005 (1) LHLJ 515

2005 (2) CLT 670

2005 (2) CPC 549

2005 (3) CPJ 741

Con­sumer Pro­tec­tion Act, 1986 — Defi­ciency in ser­vice — Sud­den spurt in the power Bill — Meter Reader failed to cor­rectly record the read­ing of con­sump­tion– on dis­crep­ancy being detected after 30 months, inflated Bill includ­ing arrears on the above count raised– Glar­ing mis­take amounted to pal­pa­ble neg­li­gence– It is beyond com­pre­hen­sion and under­stand­ing that for a con­tin­u­ous period of 30 months the mis­take on the part of the con­cerned meter reader remained unde­tected and the super­vi­sory staff remained bliss­fully neg­li­gent of the said mis­take over such a long period of time– The plea defied all logic and would also not stand the test of nor­mal course of human con­duct– Noth­ing short of defi­ciency in ser­vice on the part of the Board qua the sup­ply of power to a pub­lic util­ity ser­vice as well as essen­tial health ser­vice provider such as the complainant-Hospital– No man can take advan­tage of his own wrongs– Com­plaint can not be rejected for the bla­tant mistake/negligence on the part of the func­tionar­ies of the Board.



Consumer Protection Act, 1986 - Deficiency in service - Sudden spurt in the power Bill

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