BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 152 of 2017
Date of Institution : 10.7.2017
Date of Decision : 13.12.2017.
Amritpal Singh, aged 27 years, son of Shri Baldev Singh, resident of village Bhavdeen, Tehsil and District Sirsa.
……Complainant.
Versus.
- Dakshini Haryana Bijli Vitran Nigam, through its Managing Director at Hisar.
- Executive Engineer, Dakshini Haryana Bijli Vitran Nigam, ‘OP’ Sub Urban Division, Sirsa.
- Sub Divisional Officer, Dakshini Haryana Bijli Vitran Nigam, ‘OP’ Ding Sub
Division, Tehsil and District Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SH. MOHINDER PAUL RATHEE …… MEMBER.
Present: Sh. JBL Garg, Advocate for the complainant.
Sh. Pawan Kochar, proxy counsel for Sh. K.K. Relan, Advocate for opposite parties.
ORDER
The case of the complainant in brief is that grandmother of the complainant namely Smt. Harbans Kaur wife of Jagtar Singh had got installed an electric connection bearing account No.BH61-0182 AP in her agricultural land. That complainant being grandson of Smt. Harbans Kaur on 25.10.2016 applied for transfer of the above electric connection in his name in the office of op no.3 and completed all the required formalities of op no.3 and also deposited the necessary fee for the same. The application of the complainant was registered as application no.31139. Thereafter, on 27.10.2016, op no.3 issued the service job order, permanent disconnection order and SCO for the above electric connection but the ops have yet not transferred the electric connection in the name of complainant. That the complainant approached the ops no.2 and 3 on several occasions and requested to transfer the above connection in his name but they did not pay any heed to the same and have refused to admit his claim two days ago. Hence, this complaint.
2. On notice, opposite parties appeared and filed written statement taking certain preliminary objections regarding maintainability; cause of action; locus standi; suppression of true and material facts etc. It is submitted that the complainant applied for transfer of electricity connection which was in the name of Harbans Kaur. The officials of the nigam issued a service connection order vide Sr. No.53 Book No.715 dated 27.10.2016 and also issued a Permanent Disconnection order (PDCO) and Service Job Order regarding the connection no. BH61/0182. It is further submitted that this file/ application for change of name in the name of complainant is now pending for sending advise to dealing agency, after that the bills relating to this electricity connection starts in the name of new applicant i.e. complainant. It is further submitted that the electricity connection will be changed in the name of complainant in due course of law and the application regarding this filed by the complainant is in process. The officials of the ops are doing their duty as per law and as per circulars of the nigam and there is no negligence on the part of the nigam. The complainant is not entitled for compensation as alleged.
3. The complainant produced his affidavit Ex.C1, copy of service connection order Ex.C2, copy of permanent disconnection order Ex.C3, copy of service job order Ex.C4 and copy of receipt of 4760/- Ex.C5, affidavit of Smt. Harbans Kaur Ex.C6. On the other hand, ops produced affidavit of Sh. Niranjan Singh, SDO Ex.R1, copy of service connection order Ex.R2, copy of permanent disconnection order Ex.R3, copy of service job order Ex.R4, copy of application of Satnam Singh Ex.R5, copies of letters Ex.R6 to Ex.R9, copy of postal receipt Ex.R10, copy of application Ex.R11, copy of decree sheet Ex.R12 and copy of service connection order Ex.R13.
4. We have heard learned counsel for complainant as well as learned proxy counsel for the opposite parties and have perused the case file carefully.
5. The complainant in order to prove his case has furnished his affidavit as Ex.C1 and has also furnished copy of service connection order Ex.C2, copy of permanent disconnection order Ex.C3, copy of service job order Ex.C4, copy of receipt of 4760/- Ex.C5 and affidavit of Smt. Harbans Kaur Ex.C6. On the other hand, ops have furnished affidavit of Sh. Niranjan Singh, SDO as Ex.R1 and copies of above said documents Ex.R2 to Ex.R13. It is an admitted fact between the parties that originally Smt. Harbans Kaur grandmother of the complainant was holding the tubewell connection bearing No.BH61-0182AP. The complainant had applied for the transfer of that electric connection in his name in the office of op no.3. As per allegations of the complainant, the ops were delaying the matter on one pretext or the other despite the fact that land in which connection has been installed has been transferred by said Harbans Kaur in the name of complainant by way of civil court decree, the copy of which has been placed on file by the ops themselves as Ex.R12. The perusal of the written statement of the ops reveals that ops have already averred in the written statement that electric connection will be changed in favour of complainant in due course of law and application regarding this filed by the complainant is in process and the officials of the ops are doing their duty as per law and as per sales circulars of the nigam and there is no negligence on the part of the nigam.
6. During the course of arguments, learned proxy counsel for opposite parties has stated at bar that they have already passed order for the transfer of the connection and present bill has been issued in favour of Harbans Kaur but, however, next bill will be issued in favour of the complainant.
7. In view of the above, we allow the present complaint and direct the opposite parties to transfer the electric connection in the name of the complainant within a period of 30 days from the date of receipt of copy of this order, if same has not been transferred. We also direct the ops to pay a sum of Rs.5000/- as compensation to the complainant and Rs.2000/- as litigation expenses to the complainant within above said period of 30 days. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:13.12.2017. Member District Consumer Disputes
Redressal Forum, Sirsa.
