Haryana

Bhiwani

CC/164/2016

Mahinder - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

Ravi Sheoran

20 Apr 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI

                                                                   Complaint Case No. :164

                                                                   Date of Institution    : 03.08.2016

                                                                   Date of Decision      : 20.04.2023

 

Mahender aged-50 years son of Sh. Shish Ram Resident of V.P.O. Singhani, Tehsil Loharu, Distrtict Bhiwani.

                                                                                       …………...Complainant.

 

                                      Versus

1. M.D., D.H.B.V.N.L. Vidyut Nagar, Hisar.
2. X.E.N. D.H.B.V.N.L., Sub Urban Division Bhiwani, District Bhiwani.
3. A.G.M.(S.D.O.) D.H.B.V.N.L. Dhigawa Jattan, Tehsil Loharu, District Bhiwani.
4. Naresh Kumar son of Sh. Badri Parsad, Garg Electrical, Bhiwani, District Bhiwani.

 

                                                                    ......................Opposite Parties.

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT.

 

Before: -      Mrs. Saroj Bala Bohra, Presiding Member.

                    Sh. D.M.Yadav, Member.

 

Present:       Sh. Ravi Sheoran, Advocate for the complainant.

                   Sh. Bijender Sheoran, Advocate for opposite party No. 1 to 3.

                   OP No. 4 already exparte.

 

                                      ORDER

 

SAROJ BALA BOHRA, PRESIDING MEMBER:

1.                Brief facts of the case, as per the complainant are that he had filed a suit for mandatory injunction against the opposite parties for replacement of Transformer 25 K.V. on his tubewell bearing connection No. SN-53-2330 which had been burnt and further for compensation occurred due to non supply of water in the crops which had been sown by the complainant in his fields. After filing of the suit, when the opposite party received the summons, they have installed the transformer on the tubewell of the complainant. It is further submitted that he was regularly paying electricity bills and no dues of electricity was pending against him. The above said connection was in the name of the complainant who had died, so the suit as well as the present complaint is filed by the complainant being legal heir of the deceased Shish Ram. Complainant’s father had completed all the formalities for taking the connection as per the Department’s directions. It is also submitted that on 29.12.2008, the father of the complainant deposited Rs.23,250/- vide receipt no. 118 & 119 dated 29.12.2008. Thereafter on 04.08.2009, the father of the complainant deposited Rs.42,000/- vide receipt no. 178 in the Department against the expenses which were to be occurred on polls and electric wires. After all the process, the Department installed the electric connection on the complainant’s tubewell. It is further submitted that in the month of August 2013, the complainant sown the crops of Strawberry in 2 bighas, cotton in 15 bighas and Gawar in 10 bighas. The total expenses occurred on these crops were about Rs.50-60,000/-. But on 02.08.2013, due to electric fault the transformer of the complainant was burnt. On the same day, the complainant informed the Department about the said incident. On 05.08.2013, the complainant gave a written application to the S.D.O. on which S.D.O. Bhiwani reported to check the transformer. After that Amar Singh, A.F.M. and Parmod Kumar A.L.M. went to site and checked the transformer and reported that the same has been burnt. The Sub Divisional Officer of the Department vide letter no. 1765 dated 05.08.2013 directed the opposite party no.4 regarding the replacement of the transformer of the complainant. Upon which, opposite party no. 4 refused to replace the same, by saying that it is the duty of the Department as the amount deposited in the department and they issued the electricity connection to the complainant. Thereafter the complainant went back to S.D.O. Dighawa Jattan and request to replace the transformer, but the department gave assurance and passed the time. The S.D.O. sent the complainant to opposite party No. 4 and opposite party no. 4 sent the complainant to opposite party no. 3. Due to the burning of transformer, domestic supply of the complainant had also been stopped as the connection for domestic supply was also from the said transformer. The crops of the complainant has been ruined as the crop did not get the proper supply of water. The act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence, this complaint and it is prayed that the present complaint may kindly be allowed with cost and the opposite parties may kindly be directed to pay an amount of Rs.1,00,000/- on account of heavy loss and cost of litigation.

2.                Notice of the present complaint was issued to the opposite parties.  Opposite parties no. 1 to 3 appeared and filed their written statement submitting therein that when the complainant informed the opposite parties about the burnt transformer, they checked and after checking they replaced the burnt transformer immediately. It is further submitted that after the complaint of the complainant they issued a letter for replacement of the transformer of the complainant. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs. Opposite party no. 4 appeared in person but he did not file any reply and on 12.06.2019, he was proceeded against exparte vide order of this Commission.

3.                Ld. Counsel for the complainant in his evidence has tendered documents Annexure CI to Annexure C8 and closed his evidence vide his separate statement dated 28.01.2019. Ld. counsel for the opposite parties No. 1 to 3 has tendered documents Annexure R1 to Annexure R4 and closed the evidence vide his separate statement dated 12.06.2019.

4.                We have heard the learned counsel for both the parties and have gone through the case file minutely and carefully.

5.                In the present case it is not disputed that as per Annexure C3, the complainant had moved an application to the opposite party to change the transformer as his transformer had been burnt and as per report made on the alleged application it is confirmed by the opposite party that the transformer is found burnt. As per Annexure C4 & Annexure C5, opposite party written  letters to the Garg Electrical Bhiwani on dated 05.08.2013 & 06.08.2013 respectively to replace the transformer. As per letter Annexure R4 dated 25.08.2013, it is submitted by the SDO that the contractor has refused to replace the transformer.  All these letters shows that the transformer of the complainant was burnt on 05.08.2013 and upto 25.08.2013, the same was not replaced. On the other hand, complainant in his complaint has submitted that due to non replacement of transformer for long time of one month, the crops of complainant has been ruined due to non supply of water. He has further submitted that he had sown the  crops of strawberry in 2 bigha, cotton in 15 bigha and Gawar in 10 bighas. To prove the same he has placed on record copy of Jamabandi Annexure C7 and Girdawari Annexure C8.  Hence from the alleged documents it is proved that due to non replacement of transformer of the complainant, he suffered loss of crops. As such opposite party No.1 to 3 are liable to compensate the complainant.

                   In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No.1 to 3 to pay an amount of  Rs.50000/-(Rupees fifty thousand only) as compensation on account of loss of crops alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 03.08.2016 till its realization and Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.  

6.                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 court:

20.04.2023

         

(D.M.Yadav)        (Saroj Bala Bohra)

                                                            Member                    Presiding Member

                                                                                                District Consumer Disputes

                                                                                                Redressal Commission, Bhiwani

 

 

Present:       Sh. Ravi Sheoran, Advocate for the complainant.

                   Sh. Bijender Sheoran, Advocate for opposite party No. 1 to 3.

                   OP No. 4 already exparte.

 

Arguments heard. Order pronounced, vide our separate order of even date, the present complaint is allowed.

File be consigned to record room after due compliance.

 

(D.M.Yadav)        (Saroj Bala Bohra)

                                                            Member                    Presiding Member

                                                                                                District Consumer Disputes

                                                                                                Redressal Commission, Bhiwani

                                                                                                20.04.2023