क्या हरयाणा की सरकारी बिजली वितरण कम्पनियाँ अपने ग्राहकों से नाज़ायज़ वसूली कर रही थी जब पूरा विश्व कोरोना महामारी से जूझ रहा था ? Deceiving Electricity Consumers in Haryana by Electricity Discoms viz DHBVN and UHBVN (PSUs) during Corona Pandemic (?)

While Health Workers and Authorities in India were busy to cope with Corona Pandemic, the Electricity Discoms in Haryana seems to have been busy in deceiving the electricity consumers Blessings in Disguise 

India like any other country in the world also faced pandemic due to Corona in most of the months of 2020-21. The Pandemic has not only affected industrial economy due to lockdown but citizens also got affected severely including due to their unemployment, salary cut, shopping industry coming to standstill. 

While, on the one side, the stakeholders like Government Departments, Ministries, Regulatory Authorities, Health Departments/ Hospitals etc., were  struggling hard to bring out the citizens from  such worst situations, on the other side certain businesses were busy in treating such a pandemic as a blessings in disguise for their deceptive trade practices. The glaring example in the present studies is as to "whether the Electricity Discoms in Haryana were also deceiving the electricity consumers". The continuity of supply of electricity to the citizens is one of the necessity for making lockdown a success to come out of the worst effect of Pandemic. A couple of posts have earlier been written in this blog about such deceptive trade practices of the Electricity Discoms in Haryana. Some of the unethical approach of electricity Discoms during Pandemic emanates from:

1. Issuing of bills to small shopkeepers on minimum monthly consumption (MMC) basis despite their shops being closed. The shopkeepers compelled to pay bills despite NIL consumption.
2. Issuing of bills to Domestic Supply Consumers on average basis of the previous consumption basis without taking meter readings. The meters for most of domestic supply category consumers in Haryana are installed on the poles outside the residential premises. 
3. Issuing of electricity bills to the domestic supply category consumers on exaggerated tariff rates than the approved rates during the entire period of the Pandemic. 
4. Uploading of electricity bills on their website much after due date of payment compelling consumers to pay surcharge for the delayed payments due to delayed uploading of bills on their websites. 

While it is difficult to assess the amount of deception in S.No. 1, 2 and 4, the issue stated at S.No. 3 above i.e. "Issuing bills to the domestic supply (DS) category consumers at an exaggerated tariff" has been estimated to have deceived the consumers in Haryana by an amount of more than Rs.1,500 crores or so during 2020-21 alone as most of the DS consumers in Haryana have consumption pattern of 100 to 800 units per month. This category of consumers whose monthly consumption has been up to 800 units is the worst affected due to such deceptive trade practices of the Discoms. There are approx. 55 Lakhs consumers in Haryana falling in the category of DS i.e Domestic Supply and each of the consumers whose consumption has been up to 800 units per month. 

Realizing the consumers being deceived by the Discoms, the Author raised a complaint to the DHBVN right from the level of SDO, XEN, SE, Director and CMD with a purpose of seeking refund of the extra payment collected by DHBVN and also to remind the deceptive trade practices being adapted so as to take corrective steps immediately ruling out the possibility of being charging "inadvertently".  The relevant content of the email dtd. 5th March 2021 sent to the above officials and summary of the responses as received has been tabulated and is quoted below which clearly substantiates of ruling out the possibility of "inadvertently" further substantiating it as "Deceptive Trade Practices" 

Quote

“Brief of the Billing Complaint:

1. As per approved tariff structure of Haryana Electricity Regulatory Commission (HERC) as prescribed under Electricity Act, 2003, the lowest tariff for the consumers whose  the total consumption is upto 100 units per month falling in the category 1 is Rs. 2.00 per unit for a slab of 0-50 units per month and Rs. 2.50 per unit for the slab of 51 to 100 units per month. The consumers falling in category 2 includes where the total consumption is more than 100 units per month and upto 800 units per month and the lowest unit rate as per approved tariff structure by HERC is Rs. 2.50 for the consumption slab of 0 to 150 units per month.

2. These rates as per tariff structure are effective from 1st June 2020. 

3. It has been observed that the bills being raised by DHBVN post tariff structure effective from 1st June 2020 are at the unit rate of Rs. 4.50 for the category 2 consumers i.e whose total consumption is more than 100 units per month and upto 800 units per month. 

3. The above tariff structure for DS Consumers is as per COMMISSION’S ORDER IN Case No. HERC/PRO - 59 of 2019 & HERC/PRO - 60 of 2019 ON TRUE- UP FOR THE FY 2018-19, ANNUAL (MID-YEAR) PERFORMANCE REVIEW FOR THE FY 2019-20, AGGREGATE REVENUE REQUIREMENT OF UHBVNL AND DHBVNL FOR THE MYT CONTROL PERIOD 2020-21 TO FY 2024-2025 AND DISTRIBUTION & RETAIL SUPPLY TARIFF FOR THE FY 2020-21 on 1st June, 2020

4. The schedule of Tariff and Charges is available at Annexure – A of the Commission Order dtd. 1st June 2020 effective from 1st June 2020 itself. The Commission also revised the previous tariff order for Domestic Supply Category w.e.f 1st April 2020 with the tariff as prescribed for 2020-21 which implies that the tariff as stated in point No. 1 above become effective from 1st April 2020.

5. As stated in point No. 3 above, it is explicitly clear that DHBVN is raising the bills in violation of HERC Tariff Structure for Domestic Supply category consumer w.e.f 1st April 2020 and such inflated bills are by at least Rs. 2.00 per units plus other associated charges like taxes and duties. 

6. SDO of the Sub-Division in the context of another issue pertaining to the subsidy scheme stated in a telephonic call that the bills are being raised through an automated IT process which is in control of Head Office at Hisar. It is true that if the billing error is for one consumer, it must be prevailing for all its consumers across the board. It is the lack of awareness and knowledge among the various classes of consumers, the issue of such violative practices may not have been noticed by the consumers.

7. I as consumer of DHBVN hereby demand correction of all bills raised on or after 1st April 2020 and make the refund of the excess amount so charged in violation of Tariff Structure as fixed by HERC under Electricity Act, 2003. The issue may kindly be pursued immediately with a confirmation of the redressal of the billing complaint as per times lines specified for Discoms by the HERC. 

8. I as Consumer Activist also planning to bring out an article to be published appropriately in my blog for wider awareness, advise, guidance and assistance to the consumers who may come forward to seek. The blog Link is http://skvirmani-jagograhak.blogspot.com Meanwhile , I would request you to kindly confirm with the proposed action being taken by DHBVN so as to include the same in my proposed article being published shortly. The tentative date as planned for publishing of the detailed study report is likely to be 15th March 2021. I would appreciate for an interim reply as soon as possible.  

9. A copy of this mail is being endorsed to SDO, Xen as well as SE as part of the codal formalities as the bills are being generated through an IT enabled application at Head Office.”

Unquote

The responses as received from DHBVN to the Email Complaint dtd. 05/03/2021 are summarized in the following table:

Movement of the Email Complaint dtd. 05/03/3021
S.No.	Date	From	To	Description/ Remarks
	05-03-2021	Consumer	DHBVN	Complaint emailed to DHBVN
1	06-03-2021	SDO	Consumer	Your Complaint has been Again  fwd to  LDC for further action.
2	08-03-2021	MD	Director (OpDH)	Forwarded. No Remarks
3	08-03-2021	Director (OPDH)	CE (Op), SE (Op), SE(CBO)	Your complaint has been fwd to CA for action.
4	08-03-2021	SDO	Consumer	Your complaint has been handed over to LDC for action
5	09-03-2021	CE (Op)	SE	No remarks
6	09-03-2021	SE	XEN and SDO	No remarks
7	09-03-2021	XEN	SDO	No remarks
8	09-03-2021	SDO	Consumer	Your complaint has been fwd to LDC / CA for action.
9	09-03-2021	XEN	SDO	Your complaint has been again handed over to LDC / CA for action.
10	12-03-2021	SDO	XEN, Consumer	No remarks

There is no further communication till the time of writing this post on 22nd March 2021.

A petition/ complaint titled " Petition/ Complaint/ Intimation of Gross Violations of Rules and Regulations of Haryana Electricity Regulatory Commission by the Electricity Discoms of Haryana viz DHBVN and UHBVN has been raised before the Regulator as per provisions in the Electricity Act, 2003 on 20th March 2021 for its intervention and appropriate adjudication including refunds to all those deceived consumers. The post will be updated as soon as there is some update/development on the issue. A copy of the petition/ complaint has already been forwarded separately to both the Discoms through email/ WhatsApp at their known contact details for their comments, if any. 

Salient Points

1. The world including India has faced and is still facing Pandemic due to Covid-19 wherein the lockdown was enforced in the World by many countries including India and all normal activities were shut down affecting even the continuation of employment of the citizens, business got affected ultimately affecting the economic situation. However, despite such a worst situation prevailing in the country, DHBVN raised the bills without taking the meter reading. The bills raised on average bills were expected to be exaggerated due to consumption pattern during the different period of the year. In the case of the petitioner, the bill amounts to double and had to be adjusted in two billing cycle. Even many shops were under lockdown and despite the electricity consumption being zero due to lockdown, the bills were raised on average basis. 

2.  In order to make attractive billing on the basis of tariff instead of MMC and also to provide some relief to the DS Consumers at the margin given the impact of COVID – 19 Pandemic and its impact on employment, income and earnings of the small DS Consumers, there has been revision in the tariff applicable for such consumers w.e.f. 1^st April 2020. 

3. The revised tariff were was with an objective to provide relief to all those consumers whose consumption was up to 800 units per month in a billing cycle. The revised tariff was also made regular as a tariff for 2020-21 implementable from 1st June 2020

4. Govt of Haryana also came out with a scheme with subsidizing the tariff for certain category of consumers whose consumption does not exceed 500 units per month in a billing cycle. 

5. Both the Discoms i.e. DHBVN and UHBVN continued charging the higher tariff for whole of the financial year 2020-21. Even the consumers who were eligible for subsidy as per Govt. of Haryana were being charged the higher rates on a similar lines of "jacking up the rates and then offer a discount in any sales offer" as adapted by certain business houses, sales outlets etc. Despite bringing the matter about malpractices to the attention of both the Discoms, the same continued without taking any corrective steps ruling out the possibility of "inadvertently". 

6. एक तरफ पूरा विश्व कोरोना महामारी से जूझ रहा था और दूसरी तरफ क्या हरयाणा की सरकारी बिजली वितरण कम्पनियाँ अपने ग्राहकों से नाज़ायज़ वसूली कर रही थी ? एक अनुमान के अनुसार यह लूट तकरीबन १७०० करोड़ रूपए है 

The Author may consider taking up the issue through a legalized process, if required.  In the considered opinion of the Author, it could be better to raise the petition before the National Consumer Dispute Redressal Commission (NCDRC) as a class action suit. The Author shall be pleased to have comments/ opinion from the readers of the blog.