BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint No. 149 of 2020
Date of Institution: 16.07.2020
Date of Decision: 07.06.2024
Surjeet Kaur aged about 49 years wife of Shri Balwinder Singh, resident of village Abholi, Tehsil Rania, District Sirsa.
…..Complainant
Versus
- Dakshini Haryana Bijli Vitran Nigam, through its Managing Director at Hisar.
- Executive Engineer, OP, DHBVN City Sirsa, District Sirsa.
- SDO OP DHBVN Rania, Tehsil Rania District Sirsa.
….. Opposite parties
Complaint U/s 12 of the Consumer Protection Act,1986 and
after amendment U/s 35of Consumer Protection Act, 2019.
Before: Sh.Padam Singh Thakur………………..President
Smt.Sukhdeep Kaur………………….…..Member
Sh. Om Parkash Tuteja………………….Member
Present: Sh. Amit Chaudhary, Advocate for the complainant.
Sh. Amit Goyal, Advocate for opposite parties.
ORDER
The present complaint has been filed by the complainant against the opposite parties for the release of tubewell connection in favour of complainant.
2. In brief, the case of the complainant is that he is an agriculturist and is owner of 27 kanals of agricultural land situated in village Abholi, Tehsil Rania, District Sirsa being co-sharer of above said total land as per jamabandi for the year 2016-2017. In April, 2009 the complainant had applied for a new tubewell electric connection for the tubewell which was to be installed in Killa No. 4/1 (7-19) being part of total land measuring 135 kanals 04 marlas vide application No. 41907 AP and complainant also deposited initial amount of Rs.2375/- with op no.1. At that time several other villagers had also applied for electric connections with op no.3. It is further averred that after acceptance of her application, the op no.3 directed her to deposit security amount and on their demand, complainant deposited security amount of Rs.20,000/- in the office of op no.3 in February, 2011 and since then complainant kept on contacting the ops and requesting them to release the electricity connection but the ops kept on avoiding the requests of complainant on one false pretext or the other. The ops assured that same shall be released as soon as possible on first come first get basis, therefore, there was no reason for her to raise any objection in this regard and she kept on waiting for her turn. That thereafter in the year 2016 complainant fell ill and got her treatment from various doctors of her village and thereafter she again tried to contact with the ops in this regard but they avoided the request of complainant with the same pretext that her turn is still to come. It is further averred that thereafter in year 2017 complainant came to know that those persons who have applied at the same time with the complainant got their connection but connection has not been released to the complainant despite fulfillment of requisite formalities and deposit of security amount etc. as demanded by ops rather in the year 2017-2018 they stated that Abholi village is in new dark/ black zone and her connection cannot be issued unless village releases from above zone by Government. That thereafter vide application dated 15.10.2019 moved by complainant through RTI she came to know that her application form for obtaining connection has been cancelled by the ops on 04.10.2012 for non depositing the amount as mentioned in the RTI. It also came to the notice of complainant that two letters bearing Nos. 918 dated 22.06.2011 and 1508 dated 27.06.2012 were issued by the ops to the complainant for deposit of the amount and on account of non deposition of the requisite amount the application form of the complainant has been cancelled but however both the above letters have not been received to the complainant or served to him, so cancellation dated 04.10.2012 is wrong, illegal and arbitrary because no opportunity of hearing was afforded to the complainant before cancellation of the application form whereas she was always ready to make further payment as demanded by ops on each and every stage. It is also mentioned in the RTI that from period 01.01.2011 to 21.06.2019 total 597 connections have been issued by the ops to other persons but application of complainant has been wrongly cancelled on false grounds by the ops. It is further averred that it was for the first time when complainant came to know about the cancellation of her application vide RTI received in October/ November, 2019. The complainant is still ready to fulfill all other formalities and as such complainant is legally as well as factually entitled to get released the tubewell connection and due to act and conduct of the ops and gross deficiency in service towards the complainant he has suffered lot of harassment. That after getting the RTI the complainant contacted the op no.3 and offered them requisite amount but they refused to admit the claim of complainant about few days back stating that now Consumer Commission can resolve the matter as same matter in case titled as Naresh Kumar Versus DHBVN has already been decided. Hence, this complaint.
3. On notice, ops appeared and filed written statement taking certain preliminary objections regarding maintainability, locus standi, suppression of true and material fact, estoppal, no consumer dispute and that complaint is hopelessly time barred. It is submitted that complainant applied for a new tubewell connection vide application no. 41907AP and she deposited a sum of Rs.2375/-. As a matter of fact, the op no.3 had written letters no. 918 dated 22.06.2011 and l508 dated 27.08.2012 to the complainant and thereby required her to deposit the estimated cost for the installation and release of desired electric connection to her but the complainant did not neither give any response to the same nor deposited the required amount and therefore, her application for release of new electric connection for AP purpose was rejected/ cancelled by the ops on 04.10.2012. The cancellation of application of complainant was duly communicated to her and therefore approaching of complainant to the ops in 2016 was of no significance and meaningless. It is further submitted that application of complainant was already cancelled on 04.10.2012 due to non payment of the required amount, whereas the area of village Abholi was declared as dark zone in the year 2017-2018, so cancellation of her application has no relevance with the declaration of the area as dark zone and it is false made up story of complainant. The previous application of complainant now cannot be restored and if she wants to get AP electric connection, then she will have to apply afresh and to complete the requisite formalities. The complainant is not entitled to get the electric connection on her already rejected application. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. The complainant in evidence has tendered her affidavit Ex.C1 and copies of documents i.e. receipt of the amount of Rs.20,000/- Ex.C2, information received under RTI Ex.C3 and copy of jamabandi for the year 2016-2017 Ex.C4.
5. On the other hand, ops have tendered affidavit of Sh. Rajinder Singh SDO Ex.R1 and copies of documents i.e. notices Ex.R2, Ex.R3 and entries of register Ex.R4.
6. We have heard learned counsel for the parties and have gone through the case file.
7. From the perusal of pleadings as well as evidence of both the parties, we are of the considered opinion that it is an admitted case of both the parties that complainant had applied for the tubewell connection through her application in the month of April, 2009 and deposited Rs.2375/- with the ops. She had also complied with the demand of the ops to deposit security amount of Rs.20,000/- and she deposited security amount of Rs.20,000/- in the office of op no.3 in the month of February, 2011 as is evident from receipt Ex.C2. From the information received by complainant under RTI Act placed on file by complainant as Ex.C3, it is evident that application of complainant was rejected on 04.10.2012 due to non deposit of the estimated amount as demanded vide letters dated 22.06.2011 and 27.06.2012 whereas from 01.01.2011 to 21.06.2019, 597 tubewell connection were released to other applicants. Though ops have placed on file copies of those letters dated 27.06.2012 and 22.06.2011 as Ex.R2 and Ex.R3 but however there is nothing on file to prove the fact that these letters were delivered to the complainant or same were received to the complainant. The entries of register Ex.R4 no where show that above said letters were dispatched to the complainant on 22.06.2011 and on 27.06.2012. Moreover, in the said letters, it is no where mentioned that how much amount was to be paid by complainant and who much amount was estimated by ops. Further more, there is no evidence on file that any notice of the cancellation of her application and forfeiture of her amount has been issued to the complainant. Since the amount of Rs.20,000/- was deposited by complainant in the year 2011 and thereafter she was waiting for estimate to be given by ops and thereafter in the year 2017 she came to know that other farmers who also applied for their connection in the year 2011 have been given tubewell connection, therefore, she filed an application seeking information under RTI Act and vide letter dated 15.10.2019 she was informed that from 01.01.2011 to 21.06.2019, 597 tubewell connections have been given, therefore, the cause of action to the complainant is continuous and cancellation of her application by ops on 04.10.2012 is wrong and illegal. It cannot be said at all that a person who has paid huge amount of Rs.20,000/- as security for getting tubewell connection will not pay the remaining amount for getting tubewell connection which is very necessity of the farmer for irrigation of land and as such application of complainant has been wrongly cancelled on false and frivolous grounds by the ops. Since the persons who had also applied connections in the year 2011 have been given connections earlier to the complainant who applied for the same in 2009 and complainant was also waiting for her turn, therefore, it cannot be said that this complaint is barred by limitation. The ops are liable to revive the application of complainant and to prepare estimate for release of tubewell connection and are also liable to release tubewell connection to the complainant after deposit of estimated amount by complainant with the ops.
8. In view of aforesaid reasons and findings, we allow the present complaint against the opposite parties. The ops are directed to immediately revive the application of complainant and to give estimate to the complainant for depositing the amount by complainant for release of tubewell connection and thereafter complainant will complete all the formalities and will deposit estimate amount with the ops within 15 days from the date of receipt of estimate from ops and thereafter ops will release tubewell connection to the complainant within a period of one month after deposit of estimate amount and completion of other formalities by complainant. We also direct the ops to pay an amount of Rs.10000/- as composite compensation for harassment and litigation expenses to the complainant within a period of 30 days from the date of receipt of copy of this order. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member Member President,
Dated: 07.06.2024. District Consumer Disputes
Redressal Commission, Sirsa.
