Haryana

Gurgaon

CC/218/2010

M/s Omicron Engineering Company - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

23 Jun 2016

ORDER

                                          DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM,GURGAON-122001

                                                                                                       Consumer Complaint No: 218 of 2010                                                                                                                                                Date of Institution: 17.03.2010                                                                                                                                                          Date of Decision:  23.06.2016

M/s Omicron Engineering Company, Plot No.312, Udyog Vihar, Phase 2, Plot No.312, Gurgaon (New Address Hamilton Court, DLF Phase-IV, Gurgaon, Plot No.411-A) through partner Sanjay Aggarwal.

                                                                                                                                                                                                                         ……Complainant.

                                                Versus

DHBVNL through its Executive Engineer, Sub Urban Division, HUDA, Shopping Complex, Sector-31, Gurgaon.

 

The SDO, DHBVNL, Maruti Industrial Area, Sub Division, Sirhol Mor, Sector-18, Old Delhi Road, Gurgaon.

 

 

The Superintending Engineer, DHBVNL, Operation Circle, Opposite Dev Cinema, Mehrauli Road, Gurgaon.  

 

..Opposite parties

                                                                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SHRI SUBHASH GOYAL, PRESIDENT

SMT JYOTI SIWACH, MEMBER

                   SH.SURENDER SINGH BALYAN, MEMBER.

 

Present:        Shri  Sandeep Mehta,  Adv for the complainant.

                    Shri B.P.Sharma, Adv for the OP.      

 

ORDER       SUBHASH GOYAL, PRESIDENT.

The case of the complainant, in brief, is that the complainant was having electricity connection No. ALS-202 and has been making the payment of bills regularly. OP-2 issued Memo No.1253 dated 17.07.2008 vide which the complainant was asked to deposit a sum of Rs.66,388/- as out of court settlement of pending court case. The opposite parties threatened the complainant that if this amount was not deposited then the electricity connection of the complainant would be disconnected.  The complainant intimated the OP that the court case had already been decided in his favour on 28.03.2007 and therefore, this amount of Rs.66,388/- was not payable  rather the OP had to refund the amount to the complainant  as per the order of this Forum dated 28.03.2007. The complainant had to deposit the amount of Rs.66,388/- vide RO No.4 receipt No.8217 in the month of 7/2008 as the opposite party was adamant to disconnect the electricity connection of the complainant. The complainant filed an Execution Application on 28.11.2008  and thereafter the order of the Forum was complied. The complainant asked the OP so many times verbally but of no heed. Thus, there was deficiency in service on the part of the opposite parties. The complainant prayed that the opposite parties be directed to refund Rs.66,388/- and also to pay compensation of Rs.20,000/- as well as litigation expenses to the tune of Rs.10,000/-.

2                 OPs in their joint written reply have alleged that the complainant was told that the original receipt of the amount deposited for Rs.66,388/-was required to be produced  to refund the amount but the complainant failed to do so. The original record of the complainant was with SDO, Udyog Vihar. The said Sub Division has merged with SDO CCC Maruti and thus, the original receipt was required to be given by the complainant. Thus, there was no deficiency in service on the part of the OP.

3                 We have heard the parties and have perused the record available on file.

4                 Therefore, after going through the facts and circumstances of the case and the evidence placed on file it emerges that a sum of Rs.66,388/- has accrued in the account of the complainant on account of interest and other charges which the complainant has deposited in the month of  July, 2008 vide Receipt No.8217 during the pendency of the execution application. It is pertinent to mention here that the sum of Rs.49,915/- was the subject matter of the  previous litigation in consumer complaint No.131 of 2003 decided on 28.03.2007 and the said complaint was decided in favour of the complainant while directing the OPs to refund the amount of Rs.2,65,000/- and in execution petition the OP has deposited 3,87,149/- towards the satisfaction of the execution petition. It seems that inadvertently notice to settle the matter amicably has been issued without going into the office file and the complainant in order to prevent disconnection of electricity has deposited Rs.66,388/- despite the fact that the dispute regarding the said amount has already been adjusted in the consumer complaint No.131 of 2003 which was decided on 28.03.2007 and the execution petition of which has already been disposed off being satisfied.

5                 Therefore, we direct the opposite parties to refund Rs.66,388/- to the complainant along with interest @ 9 % p.a. from the date of filing of the present complaint i.e. 17.03.2010 till realization. The complainant is also entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs.10,000/-.The OPs shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

 

Announced                                                                                                       (Subhash Goyal)

23.06.2016                                                                                                                  President,

                                                                                                                   District Consumer Disputes

                                                                                                                  Redressal Forum, Gurgaon

 

(Jyoti Siwach)        (Surender Singh Balyan)

Member                 Member