BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.
Complaint No.828 of 2019
Date of Instt.: 11.11.2019
Date of Decision: 20.11.2020
Bhalleram aged 84 years son of Sh. Moluram, Aadhar No. 7176 5761 3521 through Ashok Kumar son of Sh. Bhaleram son of Moluram, resident of village Bhariwas, Tehsil Tosham, District Bhiwani, Aadhar No. 7233 1374 6517.
………..Complainant
Versus
- M.D. Dakshin Haryana Bijli Vitran Nigam, Vidyut Nagar, Hisar, through XEN Operation Division, DHBVN, Bhiwani.
- XEN, Operation Division, DHBVN, Bhiwani.
- SDO Operation Sub Division, DHBVN, Tosham, Tehsil Tosham, District Bhiwani.
Respondents/OPs
Complaint under the Consumer Protection
Act, 1986
Before: Hon’ble Mr. Nagender Singh, President.
Hon’ble Mr. Shriniwas Khundia, Member.
Argued by: Complainant in person.
Sh. Narender Mohan Sharma, Adv. for OPs.
ORDER:-
NAGENDER SINGH, PRESIDENT
Brief facts of the present complaint, according to the complainant, are that he had applied for releasing of tubewell electric connection with the respondent No. 3 on 16.6.2014 vide his application No. 72811/AP and deposited the required amount of Rs. 30,750/- vide receipt No.345 dated 16.6.2014 as per the directions of OPs and on the assurance of OPs that the tubewell electricity connection will be released to the complainant very soon. It is averred that the complainant got done the bore of tubewell and also got fitted the necessary equipments and thereafter waited for about 4 years for release of tubewell electricity connection but it is averred that despite several visits and requests made by the complainant, the respondents failed to issue the tubewell electricity connection to the complainant. Hence, by alleging deficiency in service on the part of respondents, the complainant seeks directions against the respondents to issue the tubewell electricity connection immediately and to pay compensation on account of mental agony, harassment and the litigation expenses besides any other relief which this forum/commission may found deem fit and proper.
2. On notice, the OPs appeared and by way of their written statement averred that the complainant did not follow the guidelines and rules and regulations of the nigam as mentioned in sale circular bearing Nos. D-6/2019, No. D-10/2019 & No. D-30/2019. It is averred that the complainant also did not submit the online payment of tubewell motor and the estimated amount of tubewell connection. It is also averred that due to heavy pendency of tubewell connections till the year 2019, tubewell connections have been issued to those applicants who applied in the year 2013 and fulfilled the terms and conditions of sale circulars issued in this regard. But it is averred that the complainant did not follow the procedure and also did not fulfill the terms and conditions for connection. Hence, it is averred that no cause of action accrued to the complainant to file the present complaint and therefore, the complainant is not entitled for any compensation from the respondents. Accordingly, dismissal of complaint has been sought by the respondents.
3. The complainant placed on record affidavit and documents which are marked as JN-1 to JN-7 and the evidence of complainant was closed by court order on 15.10.2020.
On the other hand, the respondents tendered into evidence affidavit Ex. RW-1/A and documents as Annexure R-1 to Annexure R-4 and closed the evidence.
4. We have heard the arguments of complainant appearing in person and the learned counsel of OPs and gone through the entire evidence so placed on record by the parties very carefully and minutely.
During the course of arguments, the complainant reiterated the contents of his complaint and the learned counsel of respondents reiterated the contents of reply filed by the respondents and drawn the attention of this Forum/Commission towards the documents so placed on record by both the parties.
5. After hearing arguments and going through the entire case file and perusing the documents so placed on record very carefully and minutely, we have observed that in the present complaint, the complainant had allegedly applied for new tubewell connection vide his application No. 72811 and deposited the total required amount of Rs. 30,750/- (JN-C) vide receipt dated 16.6.2014 which is placed on record. It is the allegation of complainant in his complaint that the respondents have not yet released the tubewell connection to the complainant which was applied by the complainant in the year 2014 and this fact is also not denied by the respondents in their reply as well as at the time of arguments. We have observed that the respondents have only taken the stand in their written statement that there is no deficiency in service on their part as the complainant did not follow the guidelines and rules and regulations of the nigam as mentioned in sale circular bearing No. D-6/2019, No. D-10/2019 and No. D-30/2019 and nothing more. On perusal of documents so submitted by the parties on the case file, we are of the considered view that when the complainant had applied the tubewell electric connection in the year 2014 and he had also deposited the required amount for the said purpose in that year, the respondents were supposed to get the formalities completed at that time, but we have observed that the respondents have issued circulars in the year 2019 i.e. sale circular bearing Nos. D-6/2019, No. D-10/2019 and No. D-30/2019 after passing a period about four years and hence, the complainant had to take the shelter of this Commission despite the fact that the complainant was not bound to follow the guidelines and rule and regulations of the nigam of sale circulars issued in the year 2019 i.e. after passing of about four years after submission of application regarding release of tubewell electricity connection in the year 2015. Moreover, when the respondents failed to release the tubewell electricity connection to the complainant, the complainant approached and complained the matter on C.M. Window, detail of which is available in document which is marked as JN-7/JN-A and on perusal of said document (JN-7/JN-A), we have observed that it is mentioned on the C.M. Window Action Taken Report (ATR) itself that “the AP connections are released in nigam as per decision of State government. These AP connections are released in bulk and the policy at the time of release of connections is applicable to the pending AP category connections. At present, the AP connections applied from 1.1.2014 to 31.12.2018 are under process for release. It is also mentioned in the said ATR that the applicant had applied before the announcement of new policy dated 6.9.2019”. Further on this ATR (annexure JN-7/JN-A), the respondent No. 3 has made endorsement that “the demand of farmer is genuine”. So, there is clear admission of respondent No.3 that the demand of farmer was genuine and in this way, it can be easily said that the complainant was entitled for the release of tubewell electricity connection much before filing of the present complaint. But it has been observed by this Commission that by not releasing the said tubewell electricity connection to the complainant, the respondents have committed deficiency in service on their part towards the complainant and as such, the complainant suffered a lot of harassment, mental agony and litigation expenses.
Therefore, after considering all the facts and circumstances, we came into the conclusion that there is a grave deficiency in service on the part of the respondents officials and the complainant suffered mental harassment and financial loss. Accordingly, the respondents are directed to release the tubewell connection of the complainant as per terms and conditions prevailing at the time of application and to pay Rs. 5500/- as compensation on account of deficiency in services and harassment etc. and Rs.5500/- as counsel fee as well as litigation charges to the complainant within a period of 30 days from the date of order. In case of default, the respondents shall be liable to pay a sum of Rs. 100/-per day as penalty amount from the date of default i.e. after 30 days from the date of order. Certified copies of the order be sent to parties free of costs.
File be consigned to the record room, after due compliance.
Announced in open Commission
Dated: - 20.11.2020
(Shriniwas Khundia) (Nagender Singh)
Member President,
District Consumer Disputes
Redressal Commission, Bhiwani.
