DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT No. 229 OF 2014.
DATE OF INSTITUTION: 11.08.2014.
DATE OF ORDER: .21.03.2015
Khem Chand son of Shri Gharsi Ram, resident of village Kural, Tehsil Loharu, District Bhiwani.
………Complainant.
Versus
- Dakshin Haryana Bijli Vitran Nigam having its Head Office at Vidhut Nagar, Hisar through its Managing Director.
- The Executive Engineer, Sub Urban Division, DHBVN, Bhiwani.
- The Sub Divisional Officer, ‘OP’ Sub Division, DHBVN, Jui.
………Opposite Parties.
COMPLAINT U/S 12 & 13 OF THE CONSUMER PROTECTION ACT,
BEFORE: Shri Rajesh Jindal, President,
Smt. Ansuya Bishnoi, Member,
Present: Shri Vijender Singh, Advocate for complainant.
Shri B.R. Raparia, Advocate for Opposite Parties.
ORDER:-
RAJESH JINDAL, President:
In brief, the case of the complainant is that complainant had applied for installation of tubewell connection under AP category vide application No. 14449 dated 04.02.2011 under circular No. 80/2001. It is alleged that the complainant deposited a sum of Rs. 23,250/- vide receipt no. 225, Book No. 136 dated 04.02.2011. It is alleged that the complainant had submitted all the necessary required documents and all the formalities for issuance of the tubewell connection. It is alleged that OP no. 3 issued a demand notice No. CC-9 dated 02.07.2013, as per sale circular No. D-80/2001 and directed the complainant to deposit a sum of Rs. 22,500/- for immediate releasing the electricity connection for tubewell of the complainant. It is alleged that the OP no. 3 had issued a memo No. 4343 dated 29.08.2013 to the complainant directing him to deposit a sum of Rs. 58,679/- as per sale Circular No. D-12/2012. It is further alleged that the complainant had requested time and again to withdraw the impugned notice memo No. 4343 dated 29.08.2013 but to no avail. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, harassment and humiliation. Hence, it amounts to deficiency in service on the part of opposite parties and as such he had to file the present complaint.
2. Opposite parties on appearance filed written statement alleging therein that according to New HVDS Scheme, which has been implemented with immediate effect for all new tubewells connections uniformly, no new work order will be issued under old scheme and fresh short term tenders invited after taking option from all applicants, who have been issued demand notices but connections are yet to be released. It is submitted that the notices have been issued to the complainants in compliance of the HVDS schemes. It is submitted that a concocted story has been made out by the complainant to arise cause of action to file the present complaint. It is submitted that the complainant is not entitled to the release of tube well connection as per instructions in Sales Circular No. D-12/2012 is fully applicable to the tube well connection to the complainant and the complainant is not entitled for the compensation. Hence, in view of the circumstances mentioned above, there is no deficiency in service on the part of Ops and the complaint of the complainant is liable to be dismissed against respondents with costs.
3. In order to make out his case, the complainant has placed on record documents Annexure C-1 to Annexure C-8, Mark A alongwith supporting affidavit.
4. In reply thereto, the Ops have filed Annexure R-1 & Annexure R-2 alongwith supporting affidavit.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned Counsel for the complainant reiterated the contents of the complaint. He submitted that the complainant had applied for AP connection vide application dated 04.02.2011 and deposited Rs. 23,250/- vide receipt dated 04.02.2011 and the complainant issued demand notice dated 02.07.2013 and complainant further deposited Rs. 22,500/- for the release of AP connection. The Ops are liable to release the AP connection to the complainant as per sale circular No. 80/2001. The demand of Rs. 58,679/- by OP as per circular No. D-12/2012 is illegal.
7. Learned Counsel for the Ops reiterated the contents of the reply. He submitted that as per sale circular No. D-12/2011 memo No. CH-12/SE/C-R-16/94/2004/F-5 dated 16.05.2011 from CE/Commercial, DHBVN, Hisar according which the charges recoverable from the applicants, have been guided in 3-Tier approach. Further Sales Instruction No. 10/2011 vide memo No. CH-10/SE/C-R-16/94/2004/F-5 date 19.05.2011 have been issued for implementation of the above said HVDS scheme and further Sales Instructions No. 15/2011 vide memo No. CH-15/SE/C-R-16/94/2004/F-5 dated 29.06.2011 have been issued for process of execution plan for the above said HVDS scheme.
8. In the light of the pleadings and arguments of the parties, we have examined the relevant material on record. The sale circular and memo and instructions etc. referred by the OP in his reply have not been placed by the OP on the file in his evidence so the same cannot be taken into consideration. The Para No. 1 of sale circular No. D-12/2012 Annexure R-2 clearly indicates that all the farmers who have been deposited the full amount i.e. Rs. 20,000/- plus span charges after issue of demand notice; the connection shall be released at the old policy i.e. as per SC No. D-80/2001 on LT/HT as per the site conditions. Therefore, the complainant is entitled to get released his AP connection at the old policy. Keeping in view the facts and circumstances of the case, we partly allow the complaint of the complainant and direct the Ops to release the AP connection to the complainant as per the terms and conditions of SC No. D-80/2001, to the complainant. The Ops are also directed to pay Rs. 1500/- as litigation cost to the complainant which will be adjusted by the Ops in the future bills of the complainant. This order be complied with by the Ops within 45 days from the date of passing of this order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 21.03.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi),
Member.
