Haryana

Bhiwani

CC/1/2022

Prem Lata - Complainant(s)

Versus

DHBVNL - Opp.Party(s)

Mukesh Kumar

15 Jun 2023

ORDER

 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.1 of 2022

DATE OF INSTITUTION: - 07.01.2022

DATE OF ORDER:               15.06.2023

 

Smt. Prem Lata, aged 70 years, w/o Late Sh. Ram Chander, Occupation Housewife, resident of Dadri Gate, Kont Road, Luxmi Nagar, Street No.04, Bhiwani, District Bhiwani (HR)

                                    …………… Complainant

 

VERSUS

 

 

1. Dakshin Haryana Bijli Vitran Nigam Ltd. Vidyut Nagar, Hisar through its Managing Director.
2. The Executive Engineer ‘OP’ Sub Division, DHBVN, District Bhiwani.
3.  The SDO, Division City Bhiwani, Dakshin Haryana Bijli Vitran Nigam Ltd.
4. Lineman, Division City, Bhiwani, Dadri Gate, Kont Road, Luxmi Nagar, Bhiwani (HR) Dakshin Haryana Bijli Vitran Nigam Ltd.

                 

                                                                         ………….. Opposite Parties.

 

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT,1986

 

 

BEFORE :-       Ms. Saroj Bala Bohra, Presiding Member

                           Sh. D.M.Yadav, Member             

 

Present:-         Shri Mukesh Kumar, Advocate for complainant.

             Shri Satypal  Sharma, Advocate, for the respondents.

 

ORDER:-

 

Saroj Bala Bohra, Presiding Member

 

                        Brief facts of the present complaint are that the respondents have installed electric connection in the name of complainant’s husband bearing old a/c no. B13DG1D0789, New A/c No. 4907580000. She further submitted that respondents have disconnected the aforesaid electricity connection and took away the electricity meter  on dated 22.12.2021 without giving any prior notice. Due to that she and her family members were compelled to spend their lives in dark which is wrong, illegal and clear cut violation  of the fundamental rights and misuse of laws. The complainant knew about the disconnection and uprooted meter on dated 22.12.2021 she sent her son in the office of respondent n.3 where he knew that electricity connection and electricity meter was uprooted due to non paying of electricity bill. It is further alleged that elder son of the complainant expired all of sudden on 24.09.2021 who was the doer of all the necessary work/transactions related to family and house. He has also paid the last electricity bill   on dated 02.06.2021 after that no electricity bill was received. The non payment/clearance of a few electricity bills was not an intentional one but due to the above mentioned cause.  The electricity connection relating to aforesaid a/c is very old and the complainant is not also a defaulter one as prior the death of her elder son no any electricity bill/arrear was pending due regarding this account. Her further submitted that on 23.12.2021 the complainant requested to the respondent no.3 to reconnect/relocate the electricity connection/meter and give some time to clear the arrears by filing an application through her son. The respondent no.3 neither paid any heed on the request of the complainant nor replied the same. Moreover no electricity has been supplied yet to the complainant by reconnecting/relocating the electricity connection/ meter. The complainant and her youngest son are suffering from heart diseases and others for a long time and they always remains under treatment. There are surviving very hardly also. Moreover the disconnection of electricity is also disturbing the study of the innocent grand-children. The complainant further alleged that due to the act and conduct of the respondents, she had to suffer mental agony, physical harassment and humiliation. Hence, it amounts to deficiency in service on the part of respondents and as such she 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 respondent to restore the electricity supply to the complainant by re-installing( relocating) the electric meter as soon as possible.
2. To pay a sum of Rs. Two lac (2,00,000) compensation to the complainant and her family members on account of suffering harassment,humiliation and mental agony alongwith 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.                     On notice, opposite parties appeared and filed written statement alleging therein that respondents have issued electricity connection in question in the name of husband of complainant. The electricity connection in question was disconnected vide P.D.C.O. dated 22.12.2021 due to non-payment of electricity bills. Lateron complainant applied for reconnection but no deposited the dues within time. The complainant deposited the pending bill Rs. 10,945/-and R.C.O. fee Rs. 800/- on 18.01.2022 and the connection was restored on 27.01.2022 after completion of departmental formalities without any further delay   Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of Ops and as such, complaint of the complainant is hereby dismissed with costs.

3.                    Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A and documents Ex.C1 to Ex.C7 and closed his evidence vide his separate statement dated 06.01.2023. Ld. counsel for the opposite parties has tendered affidaivt Ex.RW1 documents Ex. R1 to Ex. R4 and closed the evidence vide his separate statement dated 13.03.2023.

4.                     We have gone through the record of the case carefully and have heard the learned counsels for the parties.

5.                     The electric connection of the complainant was disconnected by the electricity department without any prior notice as per the sale circular of the electric department. As per the Electricity Act the prior intimation is necessary before taking any harsh step by the department against the consumer. No notice has been issued by the department. Moreover after perusal of the documents its seems that the electric charges  has been paid by the consumer and the connection was restored by the department on dated 27.01.2022 after the delay of 9 days. The electricity energy is a primary requirement.  The perusal of documents show that complainant is an old lady.

6.                     In view of the facts and circumstances of the complaint, we hereby allow the complaint and direct the Opposite party no. 3 to pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5,500/- (Rupees five thousand  five hundred only) as litigation expenses to the complainant.  Order shall be complied within one month from the date of decision, otherwise the amount passed by this Commission shall carry interest at the rate of 9% per annum, after the lapse of the 30 days.    

                        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: - 15.06.2023

 

 

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

   Member.                                Presiding Member,

          District Consumer Disputes               District Consumer Disputes

          Redressal Commission, Bhiwani       Redressal Commission, Bhiwani.

 

 

 

 

 

 

 

 

 

 

 

.

 

 

Present:-          Shri Mukesh Kumar, Advocate for complainant.

            Shri Satypal  Sharma, Advocate, for the respondents.

 

                    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:15.06.2023                              Member.                      Presiding Member,

                                                                   District Consumer Disputes

                                                            Redressal Commission, Bhiwani.