Haryana

Bhiwani

CC/147/2022

Dariya Singh - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

Jagjeet Singh

28 Jul 2023

ORDER

 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.147 of 2022

DATE OF INSTITUTION: - 21.07.2022

DATE OF ORDER:                28.07.2023

 

Dariya Singh aged 61 years son of Shri Mohabat Ram, resident of village Sidhan, Tehsil Tosham, District Bhiwani aadhar number 5472 2093 5866 through Jagjeet Singh son of Shri Dariya Singh, resident of village Sidhan, Tehsil Tosham, District Bhiwani, aadhar no. 4331 3127 5641.

                                                            …………… Complainant

 

VERSUS

 

 

1. Managing Director, Dakshin Haryana Bijli Vitran Nigam Ltd.  through executive engineer operation Division, DHBVN, Bhiwani.
2. The Executive Engineer, Operation Division, DHBVN, Bhiwani.
3. SDO Operation Sub Division, DHBVN, Tosham, District Bhiwani.

     

                                                                                                 ………….. Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT,2019.

 

 

BEFORE :-       Ms. Saroj Bala Bohra, Presiding Member

                           Sh. D.M.Yadav, Member             

 

Present:-         Shri Jagjit Singh, representative of complainant.

            OPs exparte.

 

ORDER:-

 

 

Saroj Bala Bohra, Presiding Member

 

                     Brief facts of the present complaint are that in the office of OP no. 3 complainant filed an application no.73708/AP dated 05.06.2015 in receipt no.73 book no. 001197 dated 05.06.2015 deposited Rs.31500/- in various items for tubewell connection.  It is alleged that at the time of making the above application, while depositing the security etc., the OP no. 3 and its concerned officials had assured the complainant about the cost of transformer at Rs.30,000/- and cost of pole and meter at Rs.12,500/-  It is further assured that at the time of making the above application, the OP and their officials had given assured that your tubewell connection will be made operational by releasing the electricity connection very soon.  It is further alleged that at the instructions of OPs and their concerned officials, the complainant had got the tubewell bore done by spending a lot of money and other equipment were also fitted and completed all the preparations on the spot after putting a lot of hard work and effort and more than 7 years were spent in waiting for the release of electricity connection by the OPs only.  The complainant has wasted time by repeatedly making rounds of the employees for AP tubewell connection.  The respondent no.3 neither paid any heed on the request of the complainant nor replied the same. The OP no. 3 sent a memo no.298 dated 07.04.2021  to the complainant for filling the illegal amount of Rs.1,31,831/-   The complainant moved an application before CM Window, Bhiwani but to no avail.  The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, physical harassment and financial loss. Hence, it amounts to deficiency in service on the part of respondents and as such he had to file the present complaint and it is prayed that the present complaint may kindly be allowed and respondents may kindly be directed:-

1. To direct the respondents to restore the electricity connection as soon as possible.
2. To pay a sum of Rs. 5 lac (5,00,000) compensation to the complainant on account of suffering mental harassment, physical harassment and financial loss alongwith Rs.25,000/- as cost of litigations.
3. Any other relief to which the complainant is found entitled during the pendency of the complaint may also be granted to him.

2.                 None has appeared on behalf of OPs.  Hence, they were proceeded against exparte vide order dated 30.8.2022.

3.                Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A and documents Annexure C-1 and Annexure C-2 and closed his evidence vide his separate statement dated 16.12.2022.

4.                  The grievance of the complainant is that he had applied for installation of tubewell connection under A.P. category vide application No.73708/AP dated 05.06.2015 in receipt no.73 book no.001197 dated 05.06.2015. It is also admitted fact that the complainant deposited a sum of Rs.31,500/- in various items for tubewell connection but OPs have failed to provide the tube well connection to the complainant after the expiry of more seven years. The learned counsel for the complainant placed on record Annexure C-1, which shows that the OP no. 3 demanding Rs.1,31,831/- as illegal amount and also produced Annexure C-2 as receipt no.73 book no.001197 dated 05.06.2015 amounting to Rs.31,500/- which have been deposited in various items for tubewell connection.  No one has appeared on behalf of OPs and they were proceeded against exparte vide order dated 30.08.2022.  Hence, there is deficiency in service on the part of OPs.

5.                  From the documents placed on record by  the complainant, it is observed that complainant had applied for tubewell connection on 05.06.2015 and had deposited the requisite amount but despite his repeated requests, tubewell connection has not been issued to the complainant till date.  As such opposite party is directed to release the tubewell connection as per prevailing terms and conditions on dated 05.06.2015 and not to charge any amount from the complainant.  Complaint is allowed accordingly.  Ops are directed to pay Rs.20,000/- (Rupees twenty thousand only) as cost of harassment.  The OPs are further directed to pay Rs.5500/- (Rupees five thousand five hundred only) as costs of litigation.  Order shall be complied within one month from the date of decision.

                        Copy of this order be supplied to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced in open Commission.

Dated: - 28.07.2023

 

 

 (D.M.Yadav)                          (Saroj Bala Bohra)                

   Member.                            Presiding Member,

         District Consumer Disputes            District Consumer Disputes

         Redressal Commission, Bhiwani     Redressal Commission, Bhiwani.

 

 

 

 

 

 

 

 

 

 

 

.

 

 

Present:-          Shri Jagjit Singh, representative of complainant.

            OPs exparte.

 

                    Arguments heard.  Vide separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

 

                 

Dt:28.07.2023      Member.                      Presiding Member,

                                                               District Consumer Disputes

                                                               Redressal Commission, Bhiwani.