DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.216 OF 2015.
DATE OF INSTITUTION: 03.08.2015.
DATE OF ORDER: .29.02.2016
Puran, aged about 35 years son of Sh. Mahender Singh, resident of Puran Ki Dhani, village Karimod Sub Tehsil Badhra Tehsil Charkhi, District Bhiwani.
………Complainant.
Versus
- Dakshin Haryana Bijali Vitran Nigam,Vidyut Nagar, Hissar through its Managing Director.
- The S.E. ‘OP’ Circle, DHBVN, Bhiwani.
- The XEN, ‘OP’ Divn. DHBVN, Charkhi Dadri.
- The S.D.O. ‘OP’ Sub Divn., DHBVN, Badhra.
………Opposite Parties.
COMPLAINT U/S 12 & 13 OF THE CONSUMER PROTECTION ACT,
BEFORE: Shri Rajesh Jindal, President,
Smt. Ansuya Bishnoi, Member,
Present: Complainant in person alongwith
Smt. Kavita Sheoran, Advocate for complainant.
Shri Rajesh Punia, Advocate for Ops.
ORDER:-
RAJESH JINDAL, President:
In brief, the case of the complainant is that he had obtained APM connection for his tubewell bearing No. BD53-2130-A and also obtained an electric connection bearing A/c No. KAID-0848-A for his domestic use from AP Feeder and paying the bills regularly of both the connection. It is alleged that the department has launched a scheme to get the benefit of this scheme and to transfer his domestic connection from AP Feeder to DS Feeder. It is alleged that he had deposited a sum of Rs. 17968/- vide receipt No. 95 dated 20.09.2011. It is alleged that the complainant had visited in the office of Ops no. 2 to 4 several times and requested to change his DS connection from AP Feeder to DS Feeder but to all in vain. Hence, it amounts to deficiency in service on the part of opposite parties and as such he had to file the present complaint.
2. Opposite parties on appearance filed written statement alleging therein that the circular bearing no. D-21/2011 of the Nigam, in case of departmental execution of work (either trunkey or otherwise), 50% cost of the line shall be recovered from Dhani consumers and the same has been deposited by the complainant but the location of the complainant i.e. Puran Ki Dhani is not registered with the Nigam. Hence, in view of the circumstances mentioned above, there is no deficiency in service on the part of Ops and the complaint of the complainant is liable to be dismissed against respondents with costs.
3. In order to make out his case, the complainant has placed on record Annexure C-1 to Annexure C-8 along with supporting affidavit.
4. In reply thereto, the Ops has placed on record Annexure R-1.
5. We have gone through the record of the case carefully and have heard the learned counsel for the parties.
6. According to the complainant, he has applied for the transfer of his domestic connection from AP Feeder to DS Feeder and he has also deposited Rs. 17968/- vide receipt No. 95 dated 20.09.2011. After the lapse of 4 years the opposite party has failed to shift the aforesaid domestic connection from AP Feeder to DS Feeder. The OP has applied for the approval of the electricfied Dhani from AP Feeder to DS Feeder vide memo No. 495 dated 13.0.2013.
7. The abovesaid facts have not been disputed by the opposite party. The opposite party has taken the plea that the opposite party has moved an application to the higher authorities of the Nigam for the approval of the same which is in process.
8. Both the parties have relied upon the circular bearing No. D-21/2011 of the Nigam. As per the term and condition No. 9 the shifting of Dhanis from AP Feeder to Rural Domestic Feeder will be executed on first come first serve basis in case of departmental execution provided the consumer has deposited 50 % amount of the estimated cost. As per the complainant he has deposited the estimated 50 % cost i.e. Rs. 17968/- with the opposite party on 20.09.2011 and the seniority list was prepared wherein the name of the complainant has been shown at serial No. 2, whereas Satbir Singh whose name has been shown at serial No. 4 has already provided in T/F for his domestic connection.
9. Keeping in view the facts and circumstances of the case, we are of the view that the Ops are guilty of deficiency in service. The complaint of the complainant succeeds and we direct the Ops to shift the electricity connection in question of the complainant from AP Feeder to DS Feeder within 60 days from the date of passing of this order. The Ops are also directed to pay Rs. 1500/- as litigation cost to the complainant. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 29.02.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi),
Member.
