Complaint Case No. 186/2021

Radhika Agrawal W/o Sri Amit Agrawal Prop. M/s Maa Bhagwati Filling Station situated Gram Shahpur Madrak Agra Road, Aligarh   R/o 5/444 Goolar Road, Aligarh

V/s

1. EXECUTIVE ENGINEER Electricity Distribution Division-IV Dakshanchal Vidyut Vitran Nigam Ltd. Iglas  Aligarh U.P.
2. EXECUTIVE ENGINEER Electricity Distribution Division-III Dakshanchal Vidyut Vitran Nigam Ltd. Sasni  Hathras U.P.
3. Managing Director, Dakshanchal Vidyut Vitran Nigam Ltd. Urja Bhawan Agra Mathura Bypass Road U.P.

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1. The Op no.1 and 3 be directed to refund the amount Rs.74677/ with interest andcost of notice Rs.2100/.
2. The Ops be directed compensation for mental agony and economic loss at Rs. 124677/ .
3. Cost of the Rs.15000/.   

2. Complainant has stated that the complainant had applied for Electricity connection LMV-2 10 KW for Petrol Pump in the name of Maa Bhagwati Filling Station Shahpur Madrak Agra Road and the sanction for further process was granted. Complainant had deposited the amount Rs.74677/ with OP no.1 on 4.2.2019 which was credited to the account of op no.3 Complainant was advised by OP no.1 to get the electricity connection from op no.2 as the distance from Madrak Feeder to the spot is 670 meter whereas the distance from Sasni sub Station (Op no.2) is 320 meter. Complainant applied to OP no.2 for new connection of 10KW and connection was sanctioned by the Op no.2 vide office memo dated 28.6.2019 and vide office memo dated 9.8.2019 of the Superintendent Engineer on payment of 15% supervision charges the permission for laying the line was granted. no.2 directed the complainant deposit supervision charge Rs.60074/. Complainant requested to OP no.1 to transfer amount Rs.74677/ to op no.2. Op no.1 sought the direction of Superintendent Engineer vide its letter dated 20.8.2019 Op in this regard as the amount was remitted to the account of no.3 but no direction was given then the complainant deposited the amount Rs.60074/ and the meter was installed at new connection no. 302/132407 and connection was energized on 17.12.2019. Ops no. 1and 3 has failed in rendering service by making refund of Rs.74677/.  
3. Ops stated in their WS that the supervision charges amount Rs.74677/ was paid by the complainant vide TC dated 2.4.2020 and estimate was made for the distance 670 meter. Complainant had deposited the supervision charges Rs.52434/ and Rs.7640/ with EDD III Sasni Hathras. Op has further stated that the complainant had deposited supervision charges Rs.74677/  in respect of application filed with EDD IV Iglas, Aligarh and she had deposited supervision charges Rs.60074/ with EDD III Sasni for connection by during wrong full act and case has been filed on wrong facts.
4. Complainant has filed his affidavit and papers in support of his pleadings. Op has also filed affidavit in support of its pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. Admittedly complainant had deposited the supervision charges amount Rs.74677/ with Op no.1 i.e. EDD Iglas Aligarh for electricity connection at her petrol pump 670 meter away from the electricity feeder. Later on Complainant deposited supervision charges 60074/ with Op no.2 for electricity connection at her petrol pump 320 meter away electricity substation and connection was sanctioned and energized. Thus the OP no.1 was under obligation to refund the amount 74677/ which was not utilized by the OP. Op no.1 has failed in discharging its obligations and commuted deficiency in service. OP no.1 is liable to refund the said amount with interest. Thus OP no.1 is under control of the OP no.3 and therefore OP no.3is also liable for acts and omissions committed by the OP no.1 and they both are jointly and severally liable for making refund of the amount.    
8. The question formulated above is decided in favour of the complainat.
9. We hereby direct the Op 1 and 3 jointly and severally to repay the super vision charges Rs. 74677/ with interest @12% per annum from 4.4.2019 till the actual date of payment. Op no.1 and 3 is also directed to pay the complainant Rs.10000/for litigation expenses.
10. Op shall comply with the direction within 45 days failing which OP shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.