BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHABAD.

                                                           Complaint No.:157 of 2017.

                                                           Date of Instt.: 11.07.2017.

                                                           Date of Decision: 15.06.2018.

Jai Singh aged 53 years, son of Shri Shaitan Singh, resident of village Sarangpur, Tehsil Adampur, District Hisar.

                                                                             …Complainant.

                             Versus

1.       Dakshin Haryana Bijli Vitran Nigam, through its Executive Engineer, Operation Division, Fatehabad.

2.       Sub-Divisional Officer, Operation Sub-Division, Dashing Haryana Bijli Vitran Nigam, Fatehabad, District Fatehabad.

                                                                             …Opposite Parties.

             Complaint U/s 12 of the Consumer Protection Act, 1986

Before:                Sh.Raghbir Singh, President.

                            Sh. M.K. Khurana, Member.

Present:                Sh.G.S. Bishnoi, counsel for the complainant.

Sh.Parveen K.Jora, counsel for the opposite parties.

ORDER:

                             The present complaint under Section 12 of Consumer Protection Act, 1986 has been filed by the complainant against the Opposite Parties (hereinafter referred as OPs) with the averments that a domestic electricity connection bearing account No. SP-256 has been issued to the complainant by the OPs and the same has been installed in the Dhanis of Village Sarangpur, District Hisar.  The payment of electricity bills issued by the OPs have been made by the complainant regularly and the complainant is not a defaulter of the OPs in making payment of the energy charges.

2.                          It is further submitted that the complainant is not getting proper and full electricity voltage to his premises despite having valid electricity meter connection and he is getting zero voltage electricity  and is facing great difficulty.  The said act on the part of OPs amounts to deficiency in service.  The complainant is legally entitled to get full electricity with proper voltage so that they can live in full light and his children may do studies properly.  On account of lower voltage the complainant cannot get benefit of the electric appliances.  It is also further submitted that there is a problem of fluctuation in the electricity connection and on account of the same there is high risk of damages to the costly electricity appliances.  At the time of issuance of the electricity connection the OPs had promised that full voltage will be provided to him.  However, now they are not paying any heed towards the repeated visits and requests of the complainant.  The transformer is installed at a far distance and the other persons living in the area are also facing the same problem.  It is also further submitted that the complainant has made a number of applications to the OPs and have also sought necessary information under the Right to Information Act but no satisfactory reply is being given by the OPs.

3.                          It is also further submitted that a legal notice dated 24.10.2016 was also issued to the OPs regarding his complaint.  The OPs in their reply to the legal notice has admitted the fact of the lower voltage.  In the said reply, it is also submitted by the OPs that the estimate for installation of Transformer near the Dhanis of the complainant is Rs.8,97,100/-.  Vide the abovesaid letter, the OPs demanded the said amount from the complainant despite the fact that the liability and responsibility to provide proper electricity and to maintain electricity lines is on the part of OPs and not on the part of complainant for a domestic connection.  Therefore, the OPs cannot demand any money from the complainant.

4.                          It is further submitted that the abovesaid act on the part of Ops amounts to deficiency in service on their part.  It is further prayed that the OPs may be directed to provide proper and full voltage electricity supply to the premises of the complainant by way of installing a new Transformer near the Dhanis of the complainant at their own cost and expenses.  The complainant has further prayed for giving directions to the OPs for making a payment of Rs. 1 lakh to the complainant as compensation.  Hence, this complaint. 

5.                          On being served, the OPs appeared through their counsel and resisted the complaint by filing a joint written statement wherein various preliminary objections with regard to maintainability, cause of action and locus-standi etc., have been raised.

6.                          In reply on merits, it is submitted that the electricity connection in question was released to the complainant many years ago and length of LT line increased on account of connections of other consumers.  Therefore, an estimate of Rs. 8,97,100/- has been prepared and further sent to the higher authority for sanction.  As and when the estimate will be sanctioned and the demand notice will be sent to the consumer/complainant to deposit the amount.  It is further submitted that the estimate has been prepared to install the transformer near the end of the consumer to reduce the length of LT line, so that the consumer can get proper voltage.  No connection is released to any person whose length is more than 300 meters from the existing transformer.  It is also further submitted that the complainant is having electricity connection at village Sarangpur, District Hisar and the same is not within the jurisdiction of this Forum and as such this Forum at Fatehabad has no territorial jurisdiction to entertain and try the present complaint.

7.                          It is also further submitted that the complainant has been getting the electricity supply properly and there is no lapse on the part of OPs and there is no deficiency in service on the part of OPs.  Therefore, the present complaint is without any merits and the same is liable to be dismissed.

8.                          Learned counsel for the complainant tendered in evidence affidavit of the complainant as Annexure C-1, affidavit of Ram Chander as Annexure C-2, affidavit of Ram Sarup as Annexure C-3 and documents as Annexure C-4 to Annexure C-8.  On the other hand learned counsel for the OPs tendered in evidence affidavit of Shri Krishan Kumar, J.E. as Annexure RW1/A and documents as Annexure R1 and Annexure R3 on behalf of Ops.

9.                          We have duly considered the arguments advanced by learned counsel for the parties and have also perused the entire material placed on record of this case. It is the case of the complainant that a domestic electricity connection was issued to him by the Ops and since then the complainant is making payment of the electricity charges with the Ops regularly and nothing is due against him. Therefore he falls within the definition of consumer of the Ops as provided under the Consumer Protection Act, 1986.

10.                        It is also further the case of the complainant that it is the duty of the Ops to supply proper electricity to the complainant as per guide-lines of the Ops. It is necessary to supply 220 voltages of electricity to the complainant. However, the electricity being supplied to the complainant by the Ops is of around 0 voltages. On account of less voltages of electricity, the electricity equipments can also get  damage. It is further the case of the complainant that despite many requests made by the complainant nothing was done by the Ops. Therefore a RTI was made by him with the OPs. In reply of the above said complaint the Ops gave reply and asked to the complainant for depositing an amount between Rs.8,97,100/- for installation of new transformer near the Dhanis. However the complainant being a poor person is not in a position to deposit the above said amount and otherwise also it is the responsibility of the Ops to supply proper electricity to him as bill of the electricity paid by the complainant are being received by the Ops since long. In support of his case the complainant also tendered in evidence, the document Annexure C-4 i.e. reply of the Ops to the information sought by the complainant under R.T.I. Act.

11.                        On the other hand, it is the case of the Ops that a domestic electricity connection was issued to the complainant many years ago as per Rules and Instructions of the Nigam and the complainant is getting proper electricity supply since then. It is further the case of the Ops that although the complainant is getting proper electricity yet in case he is interested for enhancement of voltage for him, the department is ready to install a new transformer, but the complainant will have to deposit an approximately estimated amount of Rs.8,97,100/- as per Rules and Instructions of the Nigam i.e. Regulation No.4.6 of H.E.R.C. notification dated 11.07.2016.

12.                        After hearing the arguments and going through the pleadings and the documents placed on record, we are of the opinion that the complainant has been able to prove deficiency on the part of Ops in supplying improper voltage of electricity to the complainant. From perusal of the document placed on file, it is revealed that electricity of 0 voltage is being supplied to the complainant. Therefore from the above it is established that the electricity being supplied to the complainant is less than 220 voltages which the Ops bound to supply to the consumer as per their instructions.

13.                        It is pertinent to mention here that in the modern days no-one can survive without electricity and therefore right to electricity is also a right to life and liberty in terms of Article 21 of the Constitution of India. The Hon’ble Supreme Court in case titled as Punjab State Electricity Board Vs. Jora Singh vide order dated 11.8.2005 has observed that the electrical undertaking acquire the character of public utilities by reason of their virtually monopolistic position and their profession to serve the public. Such public utilities having obtained a licence under a statute are under automatic obligations by reason of the fact that the property of public utilities is dedicated to public service and impressed with public interest to serve the public. The public utilities is under a legal obligation to render adequate and reasonably efficient service to all the members/ public to whom its use and scope of operation is extended. Ops is statutory body/ authority and it is a State  within the meaning Article 12 of the Constitution of India as a State the Ops are expected to discharge their statutory function having regard to the fact that it  undertaken an important public utility service.

14.                        It is also pertinent to mention here that the Consumer Protection Act was enacted to provide for better protection of the interests of consumer and provisions of Consumer Protection Act, 1986 are applicable in the present case. Deficiency has been defined in Section 2(g) to mean “any false information or short-coming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in-force or under any contract, express or imply or as is claimed by the trader in any manner what so ever in relation to any goods”. “Service’ is defined in Section 2(o) to mean “Service of any discrepancy which is made available to potential user and includes provision of facility in-connection with banking, financing, insurance, transport, processing supply of electrical or other energy board or lodging or both, using construction, entertainment, but does not include the rendering of any service free of charge or under a contract of personal service.

15.                        In view of the above provisions the OPs falls within the definition of service provider and the complainant falls within the definition of consumer. As discussed above it is established that proper electricity as per instructions of OPs is not being supplied to the complainant as such in view of Section 2(g) of the Consumer Protection Act, 1986 the deficiency on the part of OPs in rendering service to the complainant is proved. We are of the considered opinion that since the OPs have issued  electricity connection to the complainant and are receiving payments regularly as such it is the responsibility of OPs to supply proper/ appropriate electricity to the complainant on their own expenditure. Regulation No.4.6 is not applicable in the case of the complainant.

16.                        In view of the aforesaid discussion the present complaint is allowed and the OPs are directed to supply voltage as per instructions of the Nigam. The OPs are further directed to pay an amount of Rs.5,000/- (Rs. Five Thousand only) to the complainant as compensation and litigation charges on account of physical and mental harassment. This order should be complied within 30 days from the receipt of the copy of the present order failing which the above said amount will carry an interest @ 12% per annum from the date of order till its realization.  Copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.

Announced in open Forum.                                                   Dated:15.06.2018

  (Raghbir Singh)                                                                         

    President                                                           (M.K.Khurana)                                                                                                                                          Member

    Distt. Consumer Disputes    

  Redressal Forum, Fatehabad.