BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.
Complaint No.314 of 2013
Date of Instt. 15.07.2013
Date of decision: 24.2.2015
Pala Ram son of Shri Nanha Ram son of Shri Asha Ram resident of village Garhpur Khalsa tehsil Indri District Karnal.
……..Complainant.
Vs.
1.Assistant Executive Engineer, (OP)Sub Division, Uttar Haryana Bijli Vitran Nigam Ltd.Indri District Karnal.
2.Superintending Engineer, (Operation) Uttar Haryana Bijli Vitran Nigam Ltd.Karnal.
…..Opposite Parties.
Complaint u/s 12 of the Consumer
Protection Act.
Before Sh.Subhash Goyal……..President.
Sh.Subhash Chander Sharma……Member.
.
Present:- Sh.Samrat Kumar Advocate for the complainant.
Sh. P.S.Bhatti Advocate for the OPs
ORDER
The complainant has filed the present complaint against the Ops u/s 12 of the Consumer Protection Act on the allegations that the electricity tubwell connection bearing account No. B1-641 was in the name of Sh.Nanha Ram, father of the complainant , who had expired on 9.1.1993. That after the death of Sh.Nanha Ram, the complainant has been using the said tubewell connection and has been paying the electricity dues. It has been further alleged that due to suffering of heavy losses in the agriculture , the complainant could not deposit the electricity dues. It has been further alleged that in the month of May, 2002,the State Govt. framed a policy and as per the said policy, the consumer had to deposit the 25% of the due amount and the remaining 75% was waived off by the Govt. The complainant also adopted the said policy and deposited a sum of Rs.5639/- i.e. 25% of the total dues of Rs.22556/-. It has been also alleged that after depositing the said amount, the complainant requested the Ops to restore the tubwell connection and he was told by the Ops that as the actual account holder has died and the complainant was directed to execute some documents for transferring the said connection in his name. The complainant prepared a fresh file of the documents and also deposited necessary fee but even then the tubwell connection has not been transferred in the name of the complainant which amounts to deficiency in services on the part of the Ops. Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the Ops and has requested that the Ops be directed to release the electricity connection and to pay compensation for the harassment caused to him. He has also tendered his affidavit in support of the contents of the complaint alongwith some other documents.
2. On notice the Ops appeared and filed written statement raising the preliminary objections that the complainant has got no locus standi to file the present complaint; that the complainant has no cause of action to file the present complaint; that the present complaint was an abuse of the process of law and that this Forum has got no jurisdiction to entertain and to try the present complaint.
On merits, it has been contended that the complainant has not deposited any amount for re connection of his tubwell connection which were chargeable at that time and several formalities were to be completed at that time Thus, it was contended that now fresh connection can be applied as per the latest circular and has further contended that there was no deficiency in services on the part of the Ops and dismissal of the complaint has been sought. SDO concerned of the Ops has also tendered his affidavit in support of the contentions made in the written statement.
3. We have heard the learned counsel for the parties and have gone through the case file very carefully.
4. However, today the complainant has placed on the file receipt No.83240 dated 18.2.2015 vide which a sum ofRs.3630/- has been shown to have been deposited.
The learned counsel for the Ops has admitted that the said amount has been deposited and now the Hon,ble Forum can give appropriate directions.
5. Therefore, after going through facts and circumstances of the case and evidence on the file, it is evident that the complainant had earlier deposited 25% of the disputed amount under the scheme but had not complied with the remaining formalities to get the reconnection.
6. However, in view of the deposition of Rs.3630/- vide receipt No.83240 we direct the Ops to restore the electricity supply of the connection of the complainant by the end of year 2015 as per law. However, the complainant shall be liable to pay amount if found due and also to execute necessary documents as per law. With these orders, the present complaint is disposed off accordingly. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.
Announced
dated: 24.02.2015
(Subhash Goyal)
President,
District Consumer Disputes
Redressal Forum, Karnal.
(Subhash Chander Sharma)
Member.
Present:- Sh.Samrat Kumar Advocate for the complainant.
Sh. P.S.Bhatti Advocate for the Ops
Arguments heard. Vide our separate order of the even date, the present complaint has been disposed off. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.
Announced
dated: 24.02.2015
(Subhash Goyal)
President,
District Consumer Disputes
Redressal Forum, Karnal.
(Subhash Chander Sharma)
Member.
