DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.143 OF 2014.
DATE OF INSTITUTION: 23.5.2014.
DATE OF ORDER:27.01.2016
Inder Singh through LRs: No.1 Vidya Devi widow, No.2 Sunita, No.3 Banita, No.4 Sarita daughters of Inder Singh No.5 Kuldeep son of Inder Singh, all residents of village Golagarh, Tehsil and District Bhiwani.
………Complainant.
Versus
- AGM, DHBVNL, Sub Division Jui, district Bhiwani, Tehsil and District Bhiwani.
- Executive Engineer-cum-Deputy General Manager, DHBVNL, Sub Urban, Bhiwani.
- S.E. OP Circle, DHBVNL, Bhiwani.
- M.D. DHBVNL, Vidyut Nagar, Hisar, District Hisar.
………Opposite Parties.
COMPLAINT U/S 12 & 13 OF THE CONSUMER PROTECTION ACT,
BEFORE: Shri Rajesh Jindal, President,
Shri Balraj Singh, Member,
Smt. Ansuya Bishnoi, Member,
Present: Shri S.K. Sheoran, Advocate For complainant.
Shri R.S. Sharma, Advocate For opposite parties.
ORDER:-
RAJESH JINDAL, President:
In brief, the case of the complainant is that on 16.7.1996 he had deposited a sum of Rs.15/- and Rs.590/- vide receipt No.237 and 238 respectively with the opposite parties for release of domestic as well as tubewell connection. The complainant alleged that after completion of all the formalities he visited the office of Ops several times and requested to release the connection but they did not pay any heed. The complainant further alleged that he moved an application dated 4.7.2013 with OP No.1 upon which it was told that due to fire incident the record of the consumer burnt on 12/13th May, 2002 and a rapat bearing No.12 dated 13.5.2002 was registered in police post Jui. The complainant further alleged that on 9.7.2013 he had also moved an RTI application to OP No.1 upon which he provided the seniority list, application numbers along with name and address of the consumers who applied the connections during the period 2.7.1996 to 30.7.1996. The complainant further alleged that when all the record have been burnt in fire then from what sources this information has been provided. The complainant further alleged that he visited the office of opposite parties several times and requested to provide the connections but of no effect. Hence, it amounts to deficiency in service on the part of opposite parties and as such he had to file the present complaint.
2. Opposite parties on appearance filed written statement alleging therein that many persons applied tube well connection in the year, 1996 and the seniority list was prepared under sale circular No.D80/2001 but due to fire incident all the records was burnt and a rapat bearing No.l2 dated 13.5.2002 was got registered in police post Jui. It is submitted that all the concerned Sarpanch were informed vide several letters for affecting the Munadi in their villages that the record has been burnt and the persons who have applied connections may kindly be deposited the duplicate application file along with original receipt for releasing of their connections. It is further submitted that 15 number persons deposited their duplicate file and as such the connections were provided to them as per sale circular No.80/2001 but the complainant did not appear nor deposited the duplicate file along with necessary documents. So, the complainant himself at fault and as such, there is no deficiency in service on the part of opposite parties. It is further submitted that the complainant never visited the office of the Ops from 2002 to 2013 nor made any request or representations and as such, he is not entitled any relief from the Hon’ble Forum. Hence, the complaint of the complainant is liable to be dismissed with costs.
3. In order to make out his case, the complainant has placed on record Annexure C1 Photostat copy RTI application, Annexure C2 Photostat copy of payment receipt along with Annexure C3 to C5 affidavits of Kuldeep, Bijender and Amar Singh.
4. In reply thereto, the Ops have filed affidavit of Shri Rajdeep Singh.
5. During the proceedings of complaint Inder Singh expired and his LRs were brought on record vide order dated 30.4.2015.
6. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
7. Learned counsel for the complainant reiterated the contents of the complaint. He referred the letter No. 4240 dated 16.08.2013 issued by OP no. 1 to the complainant, regarding the burnt of consumer record on the night of 12/13.05.2002. He submitted that the Ops are liable to release the Tubewell connection to the complainant for which the complainant had applied in the year 1996.
8. Learned counsel for the Ops reiterated the contents of the reply. He submitted that the complainant has applied for a Tubewell connection in the year 1996. The seniority list was prepared for release of the Tubewell connections. But due to the fire incident in the office of OP no. 1, all the record of consumers was burnt on the night of 12/13.05.2002 and in this regard a rapat No. 12 dated 13.05.2002 was lodged with the concerned police post. He further submitted that the Ops vide letters asked the Sarpanch of concerned villages to affect Munadi in the villages for the information of the consumers regarding the burnt of the record of the consumers and the consumers to submit their duplicate application/file with original receipt etc. But the complainant did not deposit the duplicate application/file with original receipt etc. to the OP no. 1. He stressed that the complainant did not visit the office of OP no. 1 since 2002 to 2013, hence the complaint of the complainant is time barred.
9. The material facts narrated above are not in dispute. Now the complainant wants to get released the Tubewell connection for which he had applied in the year 1996. Indisputably the complainant did not apply to the OP no. 1 in the year 2002 alongwith duplicate application/file and original receipt, nor the complainant asked the OP to release the connection prior to 2013. He kept mum during the period 2002 to 2013. Considering the facts of the case, we are of the considered view that the complaint of the complainant is time barred. Resultantly, the complaint of the complainant is dismissed being time barred with no order as to costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated:27.01.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi), (Balraj Singh),
Member. Member.
