Haryana

Sonipat

CC/235/2015

GOPI CHAND S/O CHARAN DASS - Complainant(s)

Versus

A.E.E. CITY SUB DIVISION UHBVNL - Opp.Party(s)

J.S. SAINI

26 Feb 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.235 of 2015

                                Instituted on:27.07.2015

                                Date of order:26.02.2016

 

1.Gopi Chand son of Charan Dass 2. Narender alias Narender Singh son of Sarup Singh, resident of village Kilohard, tehsil and distt. Sonepat.

 

                                                     ...Complainants.

 

                        Versus

 

1. AEE City Sub Division, UHBVN Ltd. Indra Colony, Sonepat.

2.Jai Singh JE City Sub Divn. UHBVN Lt.d, Indra Colony, Sonepat now retired resident of village Bhatgaon, tehsil and distt. Sonepat.

 

                                                     ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. JS Saini, Adv. for complainant.

           Sh. Amit Balyan, Adv. for respondents.

 

BEFORE-    NAGENDER SINGH, PRESIDENT.

          SMT.PRABHA WATI, MEMBER.

           D.V.RATHI, MEMBER.

 

O R D E R

 

         Complainants have filed the present complaint against the respondents alleging therein that they have deposited the security amount of Rs.4600/- each for the release of tubewell connection on 5.6.2014.  The complainants have also paid Rs.one lac each to the respondent no.2 on 1.5.2014 and after receiving the said amount,  all the infrastructure i.e. pole, wire, transformer etc. required for the release of electricity tubewell connection were got erected at the site, but electric meters were not installed.  The complainants have reported the matter to the higher authorities by moving application dated 7.7.2015 and they prepared the report which reveal that the infrastructure is there and the electricity connection is connected to the tubewells of the complainants and the tubewells are running with the help of electricity.  But now the respondent no.1 has threatened to disconnect the electricity connection of the complainants and that amounts to a grave deficiency in service on the part of the respondents. So, the complainants have come to this Forum and has filed the present complaint against the respondent.

2.        In reply, the respondents no.1 and 2 have submitted that

the respondent no.2 never demanded even a single penny from the complainants.  The complainants in collusion with some private contractor/electrician has got released the electricity tubewell connection wrongly and illegally by purchasing the transformer from somewhere else.  The complainants have only deposited Rs.4600/- each on 5.6.2014 with the respondent no.1 and no other amount has ever been deposited by the complainants. As and when the complainants would complete the required formalities, then the electricity meter of tubewell connection will be installed.  The complainants are not entitled for any relief and thus, prayed for the dismissal of the present complaint.

3.        We have heard the ld. Counsel for both the parties at length and has gone through the entire relevant material available on the case file carefully & minutely.

4.        In the present case, the bare perusal of the photographs shows that transformer, pole and wire was erected by the department for the tubewell connections of the complainant.  Checking report was also prepared on dated 14.7.2015 by the department and as per this checking report  also, these equipments regarding supply of electricity energy i.e. transformer, wire and poles has been installed at the spot.

          The respondents’ stand is that they never installed any alleged equipments for the tubewell connection of the complainants.  Moreover, they have admitted that they have received only the security amount regarding the tubewell connections from the complainants.  The respondents further submit that they wrote a letter to the SHO PS sadar regarding this act and conduct of the complainants.

          In our view, without the consent of the department, it is not possible to install any equipment such as transformer, wire and poles at the spot.  Thus, it is held that there is grave deficiency in service on the part of the respondents and we hereby direct the respondents to release the tubewell connections to the complainants and further to install the electricity meter at the site of tubewell of the complainants and to issue the electricity bills to the complainants as per their consumption of electricity energy.

          With these observations, findings and directions, the present complaint stands allowed.  However, the respondents are directed to make the compliance of this order within one month after expiry of the period of filing appeal by the respondents before the Hon’ble State Commission, Haryana, Panchkula against this order, if the respondents advised or desire so.

          Certified copy of this order be provided to  both the parties free of costs.

File be consigned to the record-room.

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

Announced: 26.02.2016