Haryana

Charkhi Dadri

CC/27/2023

Smt. Sulochana Devi - Complainant(s)

Versus

Dakshin Haryana Bijli Vitran Nigam, S.D.O. Operation Sub Division - Opp.Party(s)

21 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

                              

                                                          Complaint No.: 27 of 2023.

                                                         Date of Institution: 08.02.2023.

                                                          Date of Decision: 21.05.2024.

 

Sulochana Devi W/o Sh. Rambir Singh, R/o Village Samaspur Viswedar Moja, Near Aryavart School, Aabidpura/Adampur Dadhi, Tehsil & District Charkhi Dadri

                                                          ….Complainant.

 

                                      Versus

S. D. O., Operation Sub Division, Dakshin Haryana Bijli Vitran Nigam Ltd.Jhojhu Kalan, Tehsil & District Charkhi Dadri

…...OP.

 

          COMPLAINT UNDER    THE CONSUMER PROTECTION ACT.

Sitting: -     Hon’ble Shri Manjit Singh Naryal, President,

                   Hon’ble Shri Dharam Pal Rauhilla, Member,

 

 

Present:      Complainant in person.  

Shri Devender Singh Parmar, Advocate for the OP.

 

 

ORDER

                   The case of the complainant in brief, is that  complainant alongwith Smt. Omal Devi had purchased a piece of land admeasuring 150 sq yard from  Sh. Ran Singh S/o Sundu Ram S/o Sh. Bhagwana, Sakna Aabidpura, Teh. &Distt. Charkhi Dadri vide Sale Deed no. 275 dated 23.04.2010. Out of the said land complainant owns and has possession of 75 sq yard as her share. After purchase of the said land, complainant had constructed ground floor for commercial purpose and first floor for residential purpose. The complainant has applied for electricity connection from the OP online vide application no.B-34-622-51 dated 07.06.2022. The said application was rejected by the OP. Thereafter, the complainant sought information under RTI, wherein it was informed by the OP that there is a default of Rs. 5,28,900/- against account no. AB21-0012 and before purchase of this land there was a hotel on the land being run by Sh. Ran Singh S/o Sh. Sundu Ram who had taken the electricity connection and the said default was pertaining to that connection. The complainant mentioned that she has no default to the OP and has every right to get the electricity connection.  The complainant has mentioned that OP want to recover the defaulted of another party from her  for which they have no right. The OP should recover the defaulted amount from Sh. Ran Singh S/o Sh. Sundu Ram who had defaulted dues of OP and complainant is not bound to make the payment of the defaulting amount of Sh. Ran Singh. Hence, it amounts to deficiency in service on the part of OP and as such, he has to file the present complaint.

2.                OP on appearance filed the contested written statement and took preliminary objections qua locus-standi; cause of action; maintainability; jurisdiction; suppression of true & material facts and no deficiency.  On merits, it is alleged that the complainant has never applied the electricity connection for DS and NDS  in the office of OP. The real fact is that husband of the complainant  namely Rambir Son of Bhalle Ram son of Sh. Hari Chand  had applied for electricity connection  online vide application no.B-34-622-51/DS dated 07.06.2022 but OP rejected the application on the ground of defaulter of land for Rs. 5,28,900/- which were pending against the said land. In this way, the complainant is not a consumer of department as she never applied for electricity connection. As per electricity rules, the defaulter premises/land is not entitled to get the electricity connection without clearance of outstanding arrears against the land/premises. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of the respondents and as such, the complaint of the complainant is liable to be dismissed with costs.

3.                Complainant has tendered affidavit Ex.CW1/A, documents Annexure C1 to Annexure C8 and closed her evidence on dated 19.05.2023.

4.                Sh. Suresh Kumar Rohil, SDO on behalf of OP has tendered affidavit Ex.RW-1/A an documents Ex.R1 & Ex.R2 and closed his evidence on  dated 09.01.2024.

5.                We have gone through the record of the case carefully and have heard the learned counsels for the parties.

6.               From the perusal of accounts ledger Ex.R2, it is clear that an amount of Rs.5,28,900/- was outstanding towards Sh. Ran Singh who had electricity supply meter in the premises/land and defaulted there against.   The connection was applied by Sh. Rambir Singh Son of Bhalle Ram son of Sh. Hari Chand (husband of the complainant) online vide application no.B-34-622-51/DS dated 07.06.2022  which was rejected by opposite party taking ground of default against the said land purchased  by the complainant from Shri Ran Singh who had defaulted dues of the OP.

7.                It is admitted fact that prior to apply of electricity connection, a connection bearing account No. AB21-0012 was in existence in the name of Ran Singh S/o Sundu Ram (Ex.R1) and Rs.5,28,900/- were outstanding against the said connection on the land/premises. It is also admitted fact that the complainant had submitted declaration wherein she made declaration “that her husband viz. Rambir Singh S/o Sh. Bhalle Ram wished to take electricity supply meter in his name for which complainant  had no objection  and that  there was no outstanding amount against her and her husband”.

8.                It is evident from the said affidavit given by the complainant that she has not applied for fresh connection and his husband applied online vide application No. B-34-622-51 dt. 07.06.2022 for electricity connection in the premises constructed at the piece of land owned by the complainant. Meaning thereby, the complainant has not applied for electric supply connection, hence she is not a consumer of OP in terms of Consumer Protection Act as   owner of the premises/land is the complainant and electricity supply connection was applied by her husband in his own name which was rejected on the ground of defaulted land.

9.                In view of the circumstances mentioned above and documents placed on record, the complainant has miserably failed to prove herself to be consumer of the opposite party and any deficiency and negligence in service to the complainant on the part of opposite party and as such the complaint of the complainant is dismissed with no order as to costs.  Certified copies of order be supplied to both the parties free of costs.  File be consigned to the record room, after due compliance.