District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 505/2021.
Date of Institution:29.09.2021.
Date of Order:17.04.2023.
Pratap Singh aged about 56 years son of Shri Kali Charan, resident of village Narhawali, Sub Tehsil Mohna, Tehsil Ballabgarh, District Faridabad.
…….Complainant……..
Versus
1. Dakshin Haryana Bijli Vitran Nigam, through its Superintending Engineer, Sector-23, NIT, Faridabad.
2. The Sub Divisional Officer (Operation), Dakshin Haryana Bijli Vitaran Nigam, Sub Division Chhansa, District 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.
Indira Bhadana………….Member.
PRESENT: Sh. R.K.Bhati , counsel for the complainant.
Sh. R.K.Bhati, , counsel for opposite parties Nos.1 & 2.
ORDER:
The facts in brief of the complaint are that the complainant was
in use and occupation of Domestic Electric Connection bearing its Account No. F-36-NN-110455 installed at the premises of the complainant, situates over the agricultural land belonging to the complainant. As the complainant was having residential accommodation therein over some part of his land. The Officer bearer of opposite party No.2 had disconnected on 14.06.2020 the electricity supply over the premises of the complainant, without any reason and rhyme, without disclosing any fact to the complainant. On the other hand, the complainant was making regular payment to the opposite parties. Even the complainant was ready to make the payment, if any, due as against the complainant, on account of consumption charges, for which the complainant asked several times to the opposite parties verbal as well as in writing, but all in vain. Now a days, there was very hot season, and without supply of electricity over the premises of the complainant, he alongwith his family members had been facing very hard problem. Moreover, the complainant was having fundamental right to use the electricity in all respects. The complainant asked several times to the opposite parties to restore the electricity supply over the premises of the complainant, for which the complainant was ready to fulfill all terms and conditions if any, but always the opposite parties avoided it on one pretext or the other. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) restore the electricity supply over the premises of the complainant, bearing its Account No. F-36-NN-110455 installed over the premises of the complainant, situated in the residential house/accommodation over the land belonging to complainant at Manuja Narahwali, Tehsil Mohna, District Faridabad immediately.
b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the electricity connection bearing A/c No. NN-11/0455 under DS Category was released by the opposite parties to the name of the complainant. On 17.06.2020, the premises of the consumer/complainant was checked by the checking team of the opposite parties in presence of Ms. Jyoti wife of Droga, Rahul son of Mahilal and Sangeeta daughter of Mahilal (Mob. No. 8930207687). During checking, it was found:
1. Premises checked and found by pass supply by making a cut before meter through 2 core pvc 8 meter long. Hence, it is a case of theft of energy.
2. Meter and pvc removed from site.
3. Videography taken for evidence.
4. Connected load was found as 0.797 KW.
5. Further action to be taken as per Nigam’s rules.
Seizure report was prepared by the checking team vide which meter and pvc were removed and taken into safe custody.
The checking report LL-1 bearing NO. 3751/10 dated 17.06.2020 was prepared by the checking team at the spot which was duly signed by the members of the checking team but the members present at site refused to sign the same however, a
copy of said checking report LL-1 was received by them at the spot. The contents of checking report be read as part and parcel of this para.
On the base of the checking report/LL-1 bearing No. 3751/10 dated 17.06.2020 and as per relevant Sales Circulars of the opposite parties, the penalty to the tune of Rs.19,621/- for the assessment of loss of energy was imposed to the name of consumer/complainant vide assessment order bearing NO. F36/2020/197 dated 29.06.2020 and offer of compounding the offence was also given on payment of Rs.2,000/- vide memo NO. F36/2020/198 dated 29.06.2020 duly issued by assessing officer under section 135 and 152 of Indian Electricity Act, which were also received by the complainant. The complaint vide memo NO. F36/2020/199 dated 29.06.2020 was also sent to the SHO I&P, Sector-23, Faridabad for lodging the FIR against the consumer/complainant. After making the payment of theft penalty, the RCO bearing No. 40/02 dated 24.07.2020 was issued and the electricity connection of the complainant was restored on 24.07.2020 by installing the same meter which was removed by the checking team on 17.06.2020. After that the opposite parties never removed the said electricity connection from the premises of the complainant at any point of time. Further, the complainant never made any complaint to the opposite parties regarding lost/theft of electricity meter, Opposite party 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–DHBVNL with the prayer to: a) restore the electricity supply
over the premises of the complainant, bearing its Account No. F-36-NN-110455 installed over the premises of the complainant, situated in the residential house/accommodation over the land belonging to complainant at Manuja Narahwali, Tehsil Mohna, District Faridabad immediately. b) pay Rs. 50,000/- as compensation for causing mental agony and harassment . c) pay Rs. 11,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Shri Pratap Singh, Ex.C-1 – letter dated 03.08.21 to SHO, DHBVNL, Faridabad,, Ex.C-2 – postal receipt, Ex.C-3 – letter to Chhainsa,, Ex.C-4 – letter to RTO,, Ex.C-5 – Non Energy Receipt,, Ex.C-6 – bill dated 29.06.2020, Ex.C-7 – Bill receipt.
On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties Ex.RW1/A – affidavit of Adyanand Tiwari, SDO(OP), DHBVNL, Sub Division Chhainsa, Greater Faridabad,Ex.R-1 – LL-1 Checking report,Ex.R-2 – order of assessment by licencee of theft u/s 135 of Electricity Act,, Ex.R-3 - notice to the consumer by licensee for compounding the offence of the theft of the electricity under section 135 and section 152 of Electricity Act- 2003,, Ex.R-4 – lodging of FIR against Name sh. Partap S/o D/o Kali Charan Addess Nirhawali, Ex.R-5 – receipt, Ex.R-6 reconnection order, ex.R-7 – details, Ex.R-8 – Service Register, Ex.R-9 (colly of 5 pages) letter dated 21.7.2020, Ex.R-11 (2 pages) – Memo No. 735 dated 18.07.2022, Ex. R-12 – letter dated 1511.2010.
6. In this case, the complaint was filed with the prayer to restore the electricity supply over the premises of the complainant, bearing its Account No. F-36-NN-110455 installed over the premises of the complainant, situated in the residential house/accommodation over the land belonging to complainant at Manuja Narahwali, Tehsil Mohna, District Faridabad immediately.
7. As per evidence led by the opposite parties, it was a case of theft which was compounded by the complainant after paying the amount. After the occurrence of theft, the connection of the complainant was disconnected and after paying the compounded amount the RCO vide Ex.R6 was issued on dated 24.07.2020 which is duly signed by Partap Singh- complainant. As per Ex.R9 SDO O.P S/Divn, Chhainsa has issued a letter bearing Memo No. 2480 dated 21.07.2020 to SHO Police Station, Chhainsa to get investigation against unauthorized 25 KVA T/F & LT line at village Narhawali and lodged FIR against Shri Sumer S/o Kalicharan & Partap S/o Kalicharan & Jagbir S/o Kanhaiyalal. After that SHO Chhainsa has also submitted the report on 24.07.2020 vide Ex.R-10 that there was a false allegations against the complainant – Partap Singh. The counsel for the opposite party has also tendered the guidelines for release of Dhani Connections vide Ex.R-12.
8. During the course of arguments, counsel for the complainant argued at length and also prayed for the reconnection in Dhani scheme.
9. After going through the evidence led by the complainant vide Ex.C4 under the RTI Act from the office of XEN, Chhainsa vide Memo No. 2480 dated 21.07.2020 in which the complainant was not found guilty and RCO vide Ex.C5 of dated 24.07.2020 has already been issued.
10. After going through the evidence led by the parties, the Commission is of the opinion that the complaint is allowed with the direction to opposite parties to restore the connection of the complainant from where the opposite parties have disconnected . Opposite parties are also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alognwith Rs.2200/- as litigation expenses to the complainant. The complainant is also directed to pay the remaining bill, if any, is due against the opposite parties. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 17.04.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
