BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 100 of 2023      

                                                          Date of Institution: 22.02.2021

                                                          Date of Order:   03.03.2023. 

Jaiveer Singh aged 46 years son of Sh. Maha Singh, resident of House No.9, Staff Quarter, Sector-10, HUDA, Part-1, Sirsa.

                                                                   ………Complainant/ Applicant.

                                      Versus

1. Dakshini Haryana Bijli Vitran Nigam, through its Managing Director at Hisar.

2. Executive Engineer/ Dy. General Manager, Dakshini Haryana Bijli Vitran Nigam, City Division, Sirsa, District Sirsa.

3. Sub Divisional Officer, DHBVN, City Divisional Barnala Road, Sirsa, District Sirsa.

                  ……… Opposite parties.

          Misc. Application for restoration of electricity connection of complainant.

Before:       SH. PADAM SINGH THAKUR………. PRESIDENT

SMT. SUKHDEEP KAUR……………..MEMBER                      

SH. OM PARKASH TUTEJA… ……….MEMBER               

Present:         Sh. JBL Garg, Advocate for complainant/ applicant.

Sh. Pawan Kumar Kochar, Advocate for opposite parties.

ORDER

          This order will dispose of application filed by the complainant for interim relief for restoration of his electric connection.

2.       It is averred in the application that opposite parties (hereinafter referred as Ops) have disconnected the electricity connection of the complainant and removed the meter from the house/ quarter of the complainant forcibly and illegally without any rhyme and reason and complainant will suffer an irreparable loss if his connection is not restored and complainant has prayed for restoration of his electric connection.

3.       Ops filed written statement alongwith reply to the application and has taken certain objections. It is admitted that on 11.10.2022 complainant applied for new electricity connection online for Staff Quarter No.1, Sector 20 Part I HUDA, Sirsa and after verification it was found that earlier electricity connection bearing No. 0403029958 stands in the name of complainant at quarter no.9 with defaulting amount of Rs.1,57,652/-. The ops asked the complainant to deposit the defaulting amount for taking the new electricity connection at quarter no.1 but the complainant did not bother for it. It is further submitted that due to this, the application for new connection was rejected by the Nigam on 24.11.2022 and Rs.2900/- was refunded to him. The electricity connection of quarter No.9 was permanently disconnected vide PDCO No. 019/435 on 15.02.2023 due to defaulting amount f Rs.1,57,652/- and prayed for dismissal of the application.

4.       We have heard learned counsel for complainant as well as learned counsel for ops and have gone through the case file.

5.       Learned counsel for complainant contended that complainant applied new electricity connection through online and no bill was issued. However, on 16.02.2023 the officials of the ops wrongly and illegally without any notice disconnected his electric connection and prayed for restoration of his connection.

6.       On the other hand, learned counsel for ops has contended that complainant has concealed his address that he is residing in Quarter No.9 whereas he has applied for new connection for staff quarter No.1 in his application. Ld. counsel for ops further contended that complainant is under liability of payment of previous outstanding amount of Rs.1,57,652/- in his connection bearing No. 0403029958 of the house No.9, HUDA, Sirsa and prayed for dismissal of the application.

7.       We have considered the rival contentions of the parties. Ld. counsel for ops has also placed on record permanent disconnection order dated 15.02.2023 wherein name of complainant has been written as Jaibir Singh son of Sh. Maha Singh and connection was disconnected earlier on 26.10.2022. Ops had issued notice to Jaivir Singh at his present address at kothi No.1, Staff Quarter Sector 20 HUDA, Sirsa and thus allegations leveled by complainant in his complaint that ops without issuing any bill have disconnected his connection at Quarter No.9 whereas complainant is seeking restoration of his connection at his House No.1, HUDA, Sirsa instead of House No.9 after defaulting of more than 1.5 lakh of his outstanding bills in his account. The complainant has concealed the material facts from this Commission and sought relief of interim mandatory injunction to the ops for restoration of his electric connection. The mandatory direction/ any order is to be passed against any party if the person who seeks equity comes with equity and complainant has concealed the material facts and had never challenged the previous outstanding bill of Rs.1,57,652/- of his Quarter No.9. As such present application is without any merit and deserves to be dismissed. Hence, interim application for restoration of his electric connection filed with the complaint is hereby dismissed. A copy of this order be supplied to the parties as per rules.

          Nothing expressed herein above shall have the effect on the final outcome of the case.

Announced:                   Member      Member                President,

Dated: 03.03.2023.                                               District Consumer Disputes

                                                                   Redressal Commission, Sirsa.

JK