Haryana

StateCommission

A/910/2016

UHBVNL - Complainant(s)

Versus

DHARAMPAL - Opp.Party(s)

ALKA JOSHI

12 Jul 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                  First Appeal No.910 of 2016

                                                                Date of Institution:30.09.2016

                                                                    Date of decision:12.07.2017

 

1. The S.D.O, (OP) Uttar Haryana Bijli Vitran Nigam Limited, Bahu, District Jhahhar.
2. XEN, (OP), Uttar Haryana Bijli Vitran Nigam Limited, Beri, District Jhahhar.
3. Ghisa Ram son of Shri Hardwari Lal, resident of village Sunderheti, Tehsil Metanhail, District Jhajjar.

…Appellants

                                      Versus

 

Dharampal son of Shri Hardwari Lal, resident of village Sunderheti, Tehsil Matanhail, District Jhajjar.

 

                                                                                      …Respondent

CORAM:   Mr. R.K. Bishnoi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.

 

Present:     Mrs. Alka Joshi, Advocate counsel for appellants.

                   Mr.K.K. Yadav, Advocate for respondent.

 

                                                ORDER

 

Mr. R.K. Bishnoi, Judicial Member

 

1.      It was alleged by the complainant that he was having  two tubewell connections Nos. ST01-0055U and ST02-0108M. In the year, 2000 he moved application No.22519 for tubewell connection and as per orders of opposite party Nos.1 & 2 (in short ‘O.Ps’), he deposited requisite money and thereafter connection No.ST02-0108M was allowed. As water of tubewell connection No.ST01-0055U was not useful for agriculture purposes, he installed tubewell in other Killa (Rectangle) number. He moved an application before O.P.Nos.1 & 2 in the month of September, 2009 to shift connection No.ST01-0055U on new tubewell, but, instead of shifting connection they asked to file fresh application. He moved  application bearing No.23949AP on 24.12.2000 and deposited Rs.500/- as of security for new connection. He also deposited Rs.20,000/- on 11.05.2011 and Rs.3300/- on 08.12.2011. He completed all the formalities as asked by O.P.Nos.1 & 2. O.P.No.3 Ghisa Ram and other co-sharers were already having connection. So, they be directed to release connection immediately and pay compensation as prayed for.

2.      O.P.Nos.1 & 2 filed joint reply, whereas O.P.No.3 filed separate reply. It was alleged by O.P.Nos.1 & 2 that complainant moved application No.23949 on 23.12.2009 qua connection pertaining to land falling in Killa No.46/14. As he deposited requisite amount, connection was released qua that application on 05.11.2012 vide S.C.O No.61/608 having account No.ST5/241. As per record there were so many co-sharers in the land falling in Khasra No.92 Killa No.10/1, as mentioned in reply. They were ready to release connection qua that land, but, Rajbir, Surender, Ghisa Ram @ Ghasi Ram raised objection. There was no fault on their part and complaint was filed just to harass them.

3.      It was alleged by O.P.No.3 that not only he, but 22-23 persons were co-sharers in the land. Complainant was not entitled for connection and the complaint be dismissed.

4.      After hearing both the parties learned District Consumer Disputes Redressal Forum, Jhajjar (in short ‘District Forum’) allowed the complaint and directed as under:-

“In view of aforesaid discussion and findings, it is observed that there is deficiency in service on the part of the respondent Nos.1 & 2 who did not release the tubewell connection to the complainant till date. Therefore, it is directed that the respondent Nos.1 & 2 shall release the tubewell electric connection to the complainant within a period of 30 days from the date of this order. However, it is made clear that the respondents would be at liberty to take the legal action against the persons responsible for creating hindrance in releasing the tubewell connection to the complainant as per law.”

 

5.      Feeling aggrieved therefrom, O.P.Nos. 1 & 2 have preferred this appeal impleading Ghisa Ram-O.P.No.3 as one of the appellants whereas he has not signed memorandum of appeal.

6.      Arguments heard. File perused.

7.      Learned counsel for complainant vehemently argued that his application is pending since long.  All the dues are already deposited, but, O.P.Nos.1 & 2 are not releasing connection because other co-sharers in Khasra No.92 Killa No.10/1 are raising objections, whereas they are also having connection. Impugned order is well reasoned, based on law and facts and cannot be disturbed. So, appeal be dismissed.

8.      This argument is devoid of any force. As per facts mentioned above, it is clear that complainant moved two applications for connection bearing Nos.22519 and 23949. It is admitted by complainant in para No.3 of the complaint that application No.22519 has already been allowed and new connection with No.ST02-0108M has been released. It means this application is no more pending. When he filed affidavit Ex.P-1 it was nowhere alleged therein that this application is not dealt with as yet. Qua application No.23949 it is alleged by O.P.Nos.1 & 2 that the same has been allowed vide S.C.O.No.61/608 with account No.ST5/241. Complainant has nowhere alleged that these averments are false. It shows that other application has also been allowed. In this way no application is pending and O.Ps. have released connection.

8.      It was urged by learned counsel for complainant that due to inadvertence number of application was mentioned as 22519 in para No.3 of the complaint, but, this argument cannot be accepted because this very number is mentioned in Ex.P-1. Learned District Forum failed to take into consideration these aspects. So, impugned order dated 13.06.2016 passed by learned District Forum is set aside and appeal is allowed.

 

February, 17^th, 2016             Urvashi Agnihotri                   R.K. Bishnoi

                                                Member                        Judicial Member

                                                Addl. Bench                 Addl. Bench

 

R.K.