BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHABAD.

                                                           Complaint No.:275 of 2017.

                                                           Date of Instt.: 17.10.2017.

                                                           Date of Decision: 16.05.2018.

Subhash Chander Dhelu son of Shri Harphool Singh Dhelu, resident of village Gorakpur, Tehsil & District Fatehabad.

                                                                             …Complainant.

                             Versus

1.Executive Engineer (XEN)   DHBVN, Tohana.

2.Sub-Divisional Officer, Dakshin Haryana Bijli Vitran Nigam, Bhuna,    

   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.Rohtash Bishnoi, counsel for the complainant.

Sh.Parveen Kumar 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 to be referred as OPs) with the averments that the complainant was issued a domestic electricity connection by the OPs in the year 1996 and till date the same is in continuance.  It is further submitted that the complainant has been making payment of all the electricity bills regularly without any delay.  It is the duty of the OPs to supply proper/appropriate voltage of the electricity to the complainant as the complainant is the consumer of the OPs. 

2.                          It is further submitted that since a very long time proper voltage of electricity is not being supplied by the OPs to the complainant. On account of the same the electric equipments of the complainant have got defected and complaints regarding the same was made by the complainant again and again to the OPs but all in vain.  On account of dim voltage, the complainant has suffered financial loss.  The voltage of electricity which is being supplied by the OPs to the complainant is about 50 voltages whereas as per guidelines of the OPs, it is necessary on the part of OPs to supply 220 voltages of electricity to the domestic consumers.  The complainant made several requests to the OPs for solving the abovesaid problem and even he had made a complaint on the CM Window.  However, the OPs time and again have replied that the complainant will have to deposit an amount of Rs. 1,50,000/- to Rs. 1,75,000/- for installation of a new transformer.  The complainant also issued a legal notice to the OPs through his counsel on 19.8.2017.  However, the problem of the complainant has not been sorted by the OPs.

3.                          It is further submitted that the abovesaid act on the part of the OPs amounts to deficiency in rendering service to the complainant and on account of negligency on the part of OPs, the complainant has suffered mental agony, physical harassment and financial loss.  It is further prayed that the OPs may be directed for supplying proper electricity to the complainant.  It is also further prayed that the OPs may be directed for making a payment of Rs. 15,000/- as compensation alongwith Rs. 10,000/- as litigation charges.  The complainant has also further prayed that the OPs may be directed for making a payment of Rs. 50,000/- on account of damage of electricity implements of the complainant.  Hence, the present complaint.

4.                          On being served, the OPs appeared through their counsel and resisted the complaint by filing written statement wherein various preliminary objections with regard to maintainability, cause of action, locus-standi, jurisdiction, estoppel and  concealment of true and correct  facts etc., have been raised.

5.                          In reply on merits, it is submitted that the complainant had earlier filed a complaint regarding low voltage in CM Window. In response to the same the complainant was informed that after getting sanction from the higher authority a transformer will be installed and he will have to deposit an approximately amount of Rs. 1,36,858/- for this as per the rules and instructions of the Nigam.  He was satisfied with the abovesaid information and he also gave a letter of satisfaction to the concerned authority.  It is further submitted that the domestic electricity connection of the complainant was released many years ago and since then he is getting proper electricity.  Although the consumer is getting proper electricity supply but consumer has wished for a separate transformer for him.  Therefore, an estimate has been prepared to install the new transformer and a proposal for sanction of above was sent to the Nigam.  After getting sanction of the high authorities and depositing of the estimated amount by the consumer, a new transformer will be installed.  Therefore, there is no lapse on the part of Ops in rendering service to the complainant and the present complaint is without any merits and as such liable to be dismissed.

6.                          Learned counsel for the complainant tendered in evidence affidavit of the complainant as Exhibit CW1/A alongwith the documents as Exhibit C-1 to C-7.  On the other hand, learned counsel for the Ops tendered in evidence affidavit of Dharampal, SDO, Sub Division, Bhuna as Annexure RW1/A in support of the case of Ops alongwith documents as Annexure R-1 to Annexure R-4 and closed the evidence........

7.                          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 in the year 1996. 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.

8.                          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 50 voltages. On account of less voltages of electricity, the electricity equipments installed in the house have got damaged. It is further the case of the complainant that despite many requests made by the complainant nothing was done by the Ops. Therefore a complaint was made by him in the CM Window. In reply of the above said complaint the Ops gave reply and asked to the complainant for depositing an amount between Rs.1,50,000/- to Rs.1,75,000/- for installation on new transformer. 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 1996. In support of his case the complainant also tendered in evidence, the document Ex.C-4 i.e. reply of the Ops to the information sought by the complainant under R.T.I. Act.

9.                          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 supply yet in case he is interested for a separate transformer for him, the department is ready to install a new transformer, but the complainant will have to deposit an approximately estimated amount of Rs.1,36,858/- as per Rules and Instructions of the Nigam i.e. Regulation No.4.6 of H.E.R.C. notification dated 11.07.2016.

10.                        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 electricity to the complainant. From perusal of the Ex.C-4 i.e. a document issued by the Ops it is revealed that electricity of 135 voltages 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.

11.                        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.

12.                        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.

13.                        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.

14.                        In view of the aforesaid discussion the present complaint is allowed and the OPs are directed to supply proper electricity as per instructions of the Nigam. Since the complainant has not produced any evidence regarding the loss suffered by him on account of damage of electric  equipments as such the claim of Rs.50,000/- sought by the complainant on account of loss is hereby dismissed. However the OPs are directed to pay an amount of Rs.5,000/- (Rs. Five Thousand only) to the complainant on account of compensation and litigation charges. 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:16.05.2018

(Raghbir Singh)                                                                               

   President                                                                                          (M.K.Khurana)                                     

       Distt. Consumer Disputes                                                               Member

Redressal Forum, Fatehabad.