Haryana

Fatehabad

CC/109/2015

Ramesh Kumar - Complainant(s)

Versus

DHBVN - Opp.Party(s)

Sant kumar

15 Jul 2016

ORDER

BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.
Complaint Case No.109 of 2015. 
Date of Instt.:  07.07.2015.
Date of Decision:  15.07.2016.
Ramesh Kumar son of Sh. Baggu Ram, aged 46 years, caste Kamboj, resident of village Hizrawan Khurd, Tehsil and District Fatehabad.

..Complainant
     Versus

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

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

                            ..Opposite parties.
        Complaint U/S 12 of CP Act
Before:    Sh.Raghbir Singh, President.
    Sh. Ranbir Singh Panghal, Member.
            Smt. Ansuya Bishnoi, Member.
Present:      Sh. Sant Kumar, counsel for the complainant.
                   Sh. Naresh Sachdeva, counsel for the opposite parties.

ORDER
                    The complainant has brought the present complaint under section 12 of the Consumer Protection Act against the opposite parties. 
2.        Brief facts of the present complaint are that complainant has applied for releasing of tubewell electricity connection in village Hizrawan Khurd, District Fatehabad on 19.2.2015 vide application No.45854 and deposited requisite security and other relevant amount as demanded by the opposite parties. He also completed all the formalities and submitted all the documents in the office of opposite parties as required by them. It is further averred that after depositing of all the amounts demanded by the ops and submitting all the documents and completing the formalities, the opposite parties issued demand notice to the complainant and consequently the complainant deposited the test report and other relevant documents such as agreement  and bills of materials purchased by the complainant as directed by the opposite parties. It is further averred that complainant has raised all the necessary construction such as Kotha and dug the tubewell with pipes etc. and installed all the necessary machinery such as starter etc. and have spent Rs.4/5 lacs for installing the tubewell and machinery etc. and now only the connection is to be released by the opposite parties. However, the opposite parties are not releasing the tubewell connection to the complainant, rather he is being discriminated by the ops because persons who have applied after the complainant have got the electric connection. It is further averred that complainant has no other source of irrigation and due to non releasing electric connection, he is unable to irrigate the land and is facing the economical loss. The opposite parties have been repeatedly asked to release the tubewell electric connection to the complainant but in vain as they have flatly refused to release the electric connection. There is deficiency in service on the part of the opposite parties and as such he is entitled to compensation of Rs.50,000/- from the opposite parties on account of loss of crops and Rs.30,000/- for mental agony and harassment besides release of connection. Hence, this complaint. 
3.        Upon notice, opposite parties appeared and contested the complaint by filing written statement taking preliminary objections regarding maintainability and suppression of true facts. On merits, the contents of the complaint to the extent that complainant has applied for releasing the tubewell electricity connection and has deposited security amount has been admitted but it is denied that he has deposited other relevant amount as demanded by the ops. It is also denied that the complainant has deposited all the relevant documents in their office as required by them. It has been asserted that the complainant had applied for release of tubewell connection to the office of ops. After that the opposite party no.2 had issued a demand letter to the complainant vide memo No.1049 on 8.6.2015 to the effect that there is scheme as per circular No.D-11/2015 to obtain the tubewell electricity connection. The prior sales circular No.D-11/2015 has been withdrawn by the Nigam and now new sales circular No.16/2015 has been issued by CE/Commercial DHBVN Hisar to all CEs/SEs/XENs/SDOs/OP/JEs-1, Incharge Sub-office in DHBVN. The complainant can apply for obtaining the tubewell connection as per new Sales Circular D-16/2015, but his connection will be provided as per priority basis. It has been further asserted that the ops did not discriminate with the complainant and he has not fulfilled the conditions as per new circular for releasing the electric connection for tubewell and there is no deficiency in service on the part of opposite parties. With these assertions, dismissal of the complaint has been prayed for. 
4.        The parties then led their respective evidence by way of affidavits and documents. The complainant has tendered into evidence his affidavit as Ex.CW1 and documents Annexures C1 and C2. On the other hand, the opposite parties tendered into evidence affidavit of Sh. Dalbir Singh, SDO as Ex.RW1/A and documents as Annexures R2 to R4. The evidence of both the parties have been closed. 
5.        We have heard learned counsel for the parties and have perused the case file carefully. 
6.        There is no dispute that complainant has applied for releasing tubewell connection on 19.2.2015 with the opposite parties and deposited requisite security amount and his application was entertained at Sr. No.45854-AP. The complainant has placed on file copy of payment receipt as Annexure C2 from which it is evident that complainant deposited an amount of Rs.3240/- on 19.2.2015. The complainant has claimed to have completed all the formalities regarding release of tubewell connection. According to the complainant after demand notice issued by the opposite parties, he has deposited the test report and other relevant documents such as agreement and bills of material purchased by him. Whereas, the opposite parties have come up with a plea that op no.2 had issued a demand letter to the complainant vide memo No.1049 on 8.6.2015 as per circular No.D-11/2015 which has now been withdrawn and new sales circular No.16/2015 has been issued. The complainant has not fulfilled the conditions as per new circular D-16/2015, hence his connection could not be granted to him. According to the opposite parties, the complainant has deposited only security amount but has not deposited amount as demanded by them.
7.        The complainant has not placed on file to show that he has deposited the amounts demanded by the opposite parties except the security amount. The opposite parties issued demand notice dated 5.6.2015 to the complainant on 8.6.2015 to submit the test report, motor capacitor, EKCB ISI marka bill, LT CT meter etc. and to deposit Rs.1,00,000/- to avail out of turn connection, Rs.1,51,500/- as estimated costs and another amount  of Rs.3190/- as mentioned in the demand notice. The complainant claims to have submitted the test report and other documents such as agreement and bills of materials but there is nothing on file to show that any such document was submitted by the complainant to the opposite parties.  The opposite parties issued demand notice to the complainant as per Sales Circular No.D-11/2015 dated 5.5.2015, the relevant contents of which are reproduced as under:-
        “ The State Government has approved the scheme for release         of tubewell connections on 08.4.2015 in supersession of all the         earlier schemes with following features:-
A total No. of 2350 tubewell connections shall be released in the first year out of the waiting list.
Demand notice shall be issued to the applicants who have applied for tubewell connection from 1.1.2012 to 31.12.2012 within one month from the date of issue of this instruction. 
The entire project of release of a connection shall be executed by DHBVN without any work to be executed by the consumer. 
 Full cost in accordance with the estimates prepared (based on current P&D rate list) by the nigam will be required to be deposited by the consumer in the office of SDO on the basis of demand notice issued. The cost of release of connection will include the cost of transformer, cable, conductor, poles, capacity enhancement on account of augmentation of DT & Labour charges etc. 
Minimum charges for release of tubewell connection will be Rs.1 Lac. It can be more depending upon the actual cost involved on account of distance of the location of the tubewell from the nearest line available etc. Standard cost of various components will be taken from current P&D rate list. 
 In case, an applicant wishes to avail out of turn connection then he will have to pay an additional amount of Rs. 1 Lac, over and above the estimated cost or Rs. 1 lac whichever is higher. This facility of out of turn connection shall also be available to applications received after 31.12.2012. 
(vii) The applicants who had applied upto 31.12.2011 and had deposited the requisite3 amount under the earlier scheme, they would be treated under the previous existing General Category Scheme.     
        
8.        The above said sales circular No.D-11/2015 has been superseded by Sales Circular No.D-16/2015 wherein the conditions for the applicants who have applied tubewell connections from 1.1.2012 to 31.12.2012 have been changed as per Sales Circular No.D-12/2012  but the conditions for out of turn priority scheme are same and the relevant portion of condition No.3 of the said circular reads as follows “ There may be some applicants who have opted under out of turn priority scheme as per Sales Circular No.D-11/2015 and have deposited Rs.1,00,000/- for availing this scheme and may have/ may not have deposited the actual estimated cost subject to a minimum of Rs.1,00,000/-. For such applicants, the tubewell connection may be released as per the provision of repealed Sales Circular No.D-11/2015.”
9.        The opposite parties have placed on file copy of affidavit furnished by complainant as Annexure R-2 wherein he undertook that he wants to get connection as per Sales Circular No.D-11/2015 and will deposit the amount as per above said circular and will also deposit the estimate cost and he wants to get tubewell connection after depositing Rs.1,00,000/- on priority basis. He also undertook that he will abide by all

the terms and conditions of Sales Circular No.D-11/2015. Therefore, the complainant was required to deposit amount of Rs.1,00,000/- besides the estimate price and other relevant amount for release of connection with the opposite parties as per demand notice issued by the opposite parties but the complainant has failed to show that he has deposited any amount as per Sales Circular No.D-11/2015  rather filed the present complaint. However, at the time of arguments, the opposite parties have also placed on file a copy of letter bearing Memo No.CH-30/SE/Comml/R-16/94/2005/F-5 dated 25.8.2015 issued by CE/Commerical, DHBVN, Hisar to all Ces/XENs/SDOs/OP,JEs-I, Incharge Sub Office, in DHBVN and the contents of which are reproduced as under:-
        Subject:- Release of tubewell connections under              “Tatkal Facility”. 
        At present, the tubewell connections are being released to the         applicants who had applied upto 31.12.2012 as per provisions         of Sales Circular No.D-12/2012 and Sales Circular No.D-            16/2015.
        Now, in compliance to the decision taken by Hon'ble CM,         Haryana on dated 03.07.2015, an enabling provision for             “Tatkal Facility” is being added in the existing tubewell             scheme in larger consumer interest and also in consonance         with the spirit of tariff order dated 29.5.2014. The applicant 
        who is desirous of obtaining connection on priority over and         above the waiting list can opt for “Tatkal Facility”. Under the         “Tatkal Facility”, the application would be processed             expeditiously on payment of Rs.1 lac over and above the             charges/ cost to be levied as per S.C. No.D-12/2012. The work         under the “Tatkal Facility” shall be got executed                 departmentally. 
        The above instructions should be brought to the notice of all         concerned for careful and meticulous compliance with             immediate effect.”
10.        Keeping in view the above said letter of the CE/Commercial DHBVN, Hisar, the opposite parties are directed to release the tubewell connection to the complainant if he opts for “Tatkal Facility” and under the said facility, the complainant is required to deposit Rs.one lac over and above the charges/cost to be levied as per Sales Circular No.D-12/2012. In case the complainant ops Tatkal Facility, in that eventuality, he will have to deposit the above said amount within a period of one month upon which  the opposite parties will release the tubewell connection to the complainant as per Sales Circular No.D-12/2012 within a further period of two months. The present complaint stands disposed of accordingly. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.  
Announced in open Forum.
Dated:15.07.2016

                            (Raghbir Singh)
                            President,
(Ranbir Singh Panghal)              Distt.Consumer Disputes
      Member,                      Redressal Forum, Fatehabad.

                

(Smt. Ansuya Bishnoi)
    Member