District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.305/2021.

 Date of Institution: 01.07.2021.

Date of Order: 12.07.2022.

Piyush Parshwal son of Shri Sunder Singh R/o H.No. 207, Main Market, Mujessar, Faridabad, Mobile No. 8700828011.

                                                                   …….Complainant……..

                                                Versus

1.                Dakshin Haryana Bijli Vitran Head office, Vidhyut Sadan, Vidhyut Nagar, Hissar.

2.                Ravinder Aggarwal, SDO, Sub Division, F-31, Sector-6, Faridabad.

3.                CC.Yshpal authorized person of Sub Division, F-31, Sector-6, Faridabad.

                                                                    …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

PRESENT:                    Complainant with Shri H.L.Dagar Advocate.

                             Sh. Yashpal, CA in person.

                             Sh.  R.K.Bhati, counsel for opposite parties Nos.1 to 3.

ORDER:  

                             The facts in brief of the complaint are that   the complainant was the owner and in possession of the property situated at Mauja Sub  Tehsil Gaunchhi, District Faridabad forming part of Khewat/Khata No. 270, Khatoni NO. 314, REct. No. 28/7/1,14,17 measuring 400 Sq. yds, admeasuring 41’ x 88’ on the basis of the transfer deed document N O. 315 dated 7.6.2021 registered in the office of Sub-Registrar Gaunchhi, Ballabgarh, District Faridabad.  On the basis of the ownership rights the complainant had applied for installing the electricity connection in respect of the above said property i.e. G.T.Road, Yamaha Motor Ke Samne near Escorts Mujessar near Metro Station, Sector-6, Faridabad vide application dated 09.06.2021.  Application No. F31-621-50 and the complainant had also paid an amount of Rs.5050/- to the opposite parties.  The complainant several times requested to the opposite parties to install the electricity connection in respect of the above said property of the complainant, but the representative of the opposite parties Nos.2 & 3 intentionally and lingering the matter on one pretext to the another. Due to the illegal act and conduct of the opposite parties, the complainant had moved an application to the C.M.Window on dated 17.6.2021 but no result came out. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                 install the electricity connection of the premises of the complainant i.e On G.T. Road, Yamaha Motor Ke Samne, Sector-6, Faridabad on the basis of the application NO.F31-621-50 dated 9.6.2021 and also paid an amount of Rs.5050/-.

b)                 pay Rs.1,00,000/- as compensation for causing mental agony and harassment .

c)                 pay Rs.11,000/ - as litigation expenses .

2.                Opposite parties  put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that   the complaint by name against the opposite party No.2 was barred under Order 27 Rule 5Aof CPC as the complaint could not be initiated against the Government official discharging the duty in his official capacity. The present complaint of the complainant was not maintainable as the mandatory notice under section 80 of Code of Civil Procedure had not been served upon the DHBVNL/ opposite parties before filing the present complaint.  It was submitted that Dakshin Haryana Bijli Vitran Nigam (DHBVNL) was an Electricity Company  Owned & Controlled by Government of Haryana and carries Public importance function of Distribution & Maintenance of electricity supply in southern Part of State of Haryana.  Therefore, DHBVN was an instrumentality/agency of the Government of Haryana and a such was a State under Article 12 of Constitution of India  The complainant had concealed the true and material facts from the Hon’ble court.  However, it was submitted that the applicant applied online for electricity connection under NDS category vide application No. F31-621-50 date d09.06.2021 for his premises bearing pot/House/Flat NO. 75, Opp. Escorts Yamaha Motors, Sector-6, Main Mathura Road, Ballabgarh, Faridabad.  Alongwith this application, the complainant uploaded copy of Adhaar card, only front page of transfer deed (incomplete transfer deed), copy of mutation in the name of Sunder singh and Aksh of the property on the portal of the opposite parties.  The complainant was asked to upload on portal, the complete copy of transfer deed, latest mutation having the name of complainant, No Objection Certificate of all the other co-sharers as the land was un-partitioned but he failed to do so, hence his application for release of electricity connection had been rejected on 23.06.2021.Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

3.                The parties led evidence in support of their respective versions.

4.                 We have heard learned counsel for the parties and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite parties – Dakshin Haryana Bijli Vitran Nigam Limited with the prayer to : a)  install the electricity connection of the premises of the complainant i.e On G.T. Road, Yamaha Motor Ke Samne, Sector-6, Faridabad on the basis of the application NO.F31-621-50 dated 9.6.2021 and also paid an amount of Rs.5050/-. b)      pay Rs.1,00,000/- as compensation for causing mental agony and harassment. c)  pay Rs.11,000/ - as litigation expenses .

                   Complainant had made a statement that in his evidence he tendered Ex.CW1/A – affidavit of Shri Piyush Parshwal and also stated that documents already filed alongwith the complaint be read as his evidence.  Accordingly, evidence on behalf of the complainant has been closed vide order dated 26.10.2021.

                   On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties, Ex.RW1/X – affidavit of Shri Ravinder Aggarwal, SDO(OP), sub Division Industrial Area, DHBVN, Ballabgarh Faridabad, Ex,R-1 – Application form for electricity connection, Ex.R-2 to R-4 – Connection Dash Board receipt, Ex.R-5 – site plan, Ex.R-6 – Register Intkal, Ex.R-7 – Transfer Deed,, Ex.R-8 – Adhaar card., Annx.X – affidavit of Shri Yashpal Malhotra S/o lae Shri BR Malhotra, at presently posted at SDO (OP), Sub Divisional Industrial area, Sec-6, Faridabad at the post as LDC.

6.                The counsel for the complainant argued that the complainant is the owner and in possession of the property situated at Mauja Sub  Tehsil Gaunchhi, District Faridabad forming part of Khewat/Khata No. 270, Khatoni No. 314, REct. No. 28/7/1,14,17 measuring 400 Sq. yds, admeasuring 41’ x 88’ on the basis of the transfer deed document No. 315 dated 7.6.2021 registered in the office of Sub-Registrar Gaunchhi, Ballabgarh, District Faridabad.  On the basis of the ownership rights the complainant had applied for installing the electricity connection in respect of the above said property i.e. G.T.Road, Yamaha Motor Ke Samne near Escorts Mujessar near Metro Station, Sector-6, Faridabad vide application dated 09.06.2021.  Application No. F31-621-50 and the complainant had also paid an amount of Rs.5050/- to the opposite parties.

                   On the other hand, counsel for the opposite parties argued  that the applicant applied online for electricity connection under NDS category vide application No. F31-621-50 date d09.06.2021 for his premises bearing pot/House/Flat No. 75, Opp. Escorts Yamaha Motors, Sector-6, Main Mathura Road, Ballabgarh, Faridabad.  Alongwith this application, the complainant uploaded copy of Adhaar card, only front page of transfer deed (incomplete transfer deed), copy of mutation in the name of Sunder Singh and Aksh of the property on the portal of the opposite parties.  The complainant was asked to upload on portal, the complete copy of transfer deed, latest mutation having the name of complainant, No Objection Certificate of all the other co-sharers as the land was un-partitioned but he failed to do so, hence his application for release of electricity connection had been rejected on 23.06.2021.

7.                During the course  of arguments, counsel for the complainant has placed on record order dated 13.05.2022 passed by the Hon’ble Supreme Court of India in case titled  Dilip (Dead) through Lrs. Vs. Satish & Others  in Criminal Appeal No. 810 of 2022 (Arising out of Special Leave Petition (CRL.) No. 8917 of 2019) in which it has been mention that “It is now well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived.  Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate.  All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question.

                   It is however made clear that electricity supply granted, shall not be discontinued, subject to compliance by the opposite parties of the terms and conditions of supply of electricity by the electricity department including payment of charges for the same.”

8.                After going through the evidence led by the parties and the citation placed on record by the complainant, the Commission is of the opinion that in the above said citation in which it has been mentioned that it is however made clear that electricity supply granted, shall not be discontinued, subject to compliance by the opposite parties of the terms and conditions of supply of electricity by the electricity department including payment of charges for the same.  Keeping in view of the above, the Commission is of the opinion that the complaint is allowed.

9.                Opposite parties are directed to :

a)                install the electricity connection of the premises of the complainant i.e On G.T. Road, Yamaha Motor Ke Samne, Sector-6, Faridabad on the basis of the application NO.F31-621-50 dated 9.6.2021

b)                pay Rs. 2200/-as compensation for causing mental agony and harassment.

c)                pay Rs. 2200/-   as litigation expenses.

Compliance of this order  be made within 30 days from the date of receipt of copy of this order.  Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.

Announced on:  12.07.2022                                 (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.