BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSALFORUM, FATEHABAD.
Complaint no. 450/2018.
Date of Instt. 11.12.2018.
Date of Decision: 31.01.2020
Radhe Sham Gaba son of Hakim Rai son of Mangal Mal resident of Tohana resident of Tohana District Fatehabad.
..Complainant.
Versus
- Dakshin Haryana Bijli Vitran Nigam, Fatehabad through its Superintending Engineer
- Executive Engineer, Operation Division, Dakshin Haryana Bijli Vitran Nigam, Sub-Urban, Tohana, District Fatehabad.
- Sub-Divisional Officer, Sub-urban, Tohana District Fatehabad.
..Respondents/OPs.
Complaint under Section 12 of Consumer Protection Act, 1986.
Before: Sh.Raghbir Singh, President.
Sh. Jasvinder Singh, Member.
Argued by: Sh. Rajbir Singh, Advocate for complainant.
Sh. Sanjay Ahuja, Advocate for OPs.
ORDER
The present complaint under Section 12 of Consumer Protection Act, 1986 has been filed by the complainant against the OPs with the averments that he is owner in possession in land measuring 72 Kanal situated in village Jamalpur, Shekhan Tehsil Tohana District Fatehabad as per the Jamabandi for the year 2015-16. It is further submitted that there is an electricity connection bearing account no. JM-53-2406-H for tube-well installed at Jamalpur Shekhan Tehsil Tohana, District Fatehabad in the name of the complainant released by the OPs. The complainant has been using the said tube-well and availing the services of the OPs for valuable consideration and as such he is consumer of the OPs as defined in the Consumer Protection Act,1986.
2. It is further submitted that the complainant has been regularly making payment of all the electricity bills in respect of above mentioned tube-well electricity connection to the OPs and there is nothing due against the complainant in respect of the said electricity connection. The complainant has no other source of water i.e. of canal etc. and the paddy crops and other crops of the complainant depend purely on tube-well water.
3. It is further submitted that during the paddy season the electricity supply to the tube-well of complainant is very low and as such the complainant is unable to sow the crop of paddy and on account of the same the complainant is suffering from financial losses. On account of low voltage to the tube-well connection in the paddy season, the apparatus of the tube-well get burnt. Therefore, the complainant moved an application dated 09.09.2015 before the OPs with a request to give adequate electricity supply to the tube-well in question so that the tube-well could be run. In response to the above said application the OPs visited the area and prepared the estimate of Rs.51,986/- and the work order was issued vide letter dated 13.07.2016 by OP No. 3 which was sent to OP No. 2, but no needful action into the matter was taken. Therefore, the complainant requested the OPs for doing the needful and the OPs again prepared the estimate which was for a sum of Rs.56,403/-. Thereafter, the OPs again prepared the estimate for a sum of Rs.1,38,918/- and OP No. 3 wrote to OP No. 2 vide memo no. 1118 dated 08.06.2017. But the needful action was not taken by the OPs. It is further submitted that thereafter the complainant moved an application before the CM Window on 27.07.2018 for doing the needful in the matter. However no action into the matter was taken by the OPs.
4. It is further submitted that due to inaction on the part of the OPs in doing the needful the complainant is suffering from irreparable loss as he is unable to irrigate his land with the tube-well water. He had suffered losses to the tune of Rs.2,00,000/- due to the burning of the apparatus and less yield of paddy crops due to less tube-well water.
5. It is further submitted that that above said act on the part of OPs amounts to deficiency in rendering service to the complainant. The complainant has further prayed that the present complaint may be accepted and the OPs be directed to enhance the voltage capacity of the tube-well of the complainant. The Ops be also directed for making payment of Rs.2,00,000/- as compensation on account of losses suffered by him and an amount of Rs.50,000/- as compensation on account of mental agony and physical harassment suffered y him. Hence, the present complaint.
6. On being served, the OPs appeared through counsel and filed their joint written statement wherein various preliminary objections with regard to maintainability, cause of action, concealment of true and correct facts, locus standi and estoppal etc. have been raised.
7. In reply on merits, it is admitted that tube-well electricity connection in question has been issued by the OPs. However it is denied that during the paddy season the electricity supplied to the complainant’s tube-well is very low. It has also been denied that the complainant has been unable to run his tube-well. It has also been denied that due to low voltage to the tube-well connection of the complainant in paddy season the apparatus got burnt. It has been admitted that an application was moved by the complainant but the allegations levelled against the answering OPs have been denied. It is further submitted that since the date of releasing the electricity connection there is no complaint of any kind of low voltage and now the complainant has applied for providing tube-well electricity connection for more period. It is further submitted that there is no deficiency on the part of OPs in rendering service to the complainant and the present complaint is without any merits and as such is liable to be dismissed.
8. The learned counsel for the complainant tendered in evidence affidavit of complainant as Ex. C-5 alongwith documents as Annexure C-1 to Annexure C-4 & Annexure C-6. On the other hand, the Sub-divisional Officer Operation DHBVN, Fatehabad tendered in evidence his affidavit as Ex. R-1 and closed the evidence of OPs.
9. We have given thoughtful consideration to the arguments advanced by learned counsel for the parties and have also carefully examined all the documents placed on record and pleadings of both the parties.
10. Vide the present complaint, the complainant has prayed for giving directions to the OPs to enhance the voltage capacity to the tube-well of the complainant during paddy season. The complainant has further prayed for awarding a sum of Rs.2,00,000/- from the OPs on account of losses suffered by him and a sum of Rs.50,000/- as compensation on account of mental agony and harassment.
11. During the arguments the learned counsel for the complainant informed this Forum that the voltage capacity to the tube-well of the complainant now has been enhanced. Therefore, the above said relief sought by the complainant has now already been given by the OPs.
12. Regarding the losses suffered by the complainant and compensation on account of mental agony and physical harassment, it has been contended by the learned counsel for the complainant that vide application dated 09.09.2015 the complainant had requested to the OPs for giving adequate electricity supply to the tube-well of the complainant. Thereafter in response of the above said application the OPs prepared estimate of Rs.51,986/- and the same was sent to OP No. 3 on 13.07.2016. But no needful action into the matter was taken. Thereafter the OPs again prepared an estimate of Rs.56,403/- and thereafter the OPs again prepared an estimate of Rs.1,38,918/- and OP No. 3 wrote to OP No. 2 on 08.06.2017 but needful action into the matter was not taken by the OPs. Thereafter the complainant moved an application on 27.07.2016 in the CM Window, however at the spot no action into the matter was taken by the OPs. It is further contended that on account of delay on the part of OPs not taking timely action in the matter the complainant has suffered the loss of Rs.2,00,000/- due to burning of apparatus and less yield of paddy crops. Therefore the complainant is entitled for a compensation of Rs.2,00,000/- on account of loss suffered by him and Rs.50,000/- as compensation on account of mental agony, humiliation and physical harassment suffered by the complainant.
13. On the other hand, it is contended by the learned counsel for the OPs that since the date of releasing of the electricity connection, there is no complaint of any kind and the complainant had applied for providing the tube-well electricity connection for more period and for which the complainant was instructed to comply the formalities and to submit the requisite documents. However the above said formalities were not completed by the complainant and the present complaint on false and baseless facts has been filed. There is no deficiency on the part of OPs in rendering service to the complainant and as such the complainant is not entitled for any compensation on account of loss or mental agony.
14. We have duly heard the arguments advanced by learned counsel for the parties and have also perused the documents placed on record regarding the issue of the compensation.
15. From perusal of the application dated 09.09.2015(Annexure C-6), it is well established that the complainant had moved an application with the OPs regarding supply of low voltage of electricity in his tube-well in question. From perusal of the document Annexure C-3, it is also evident that estimate for enhancement of voltage for the tube-well of the complainant was prepared by the OPs. From perusal for the other documents placed on record it is also evident that thereafter also the estimate for enhancement of voltage was prepared by the OPs. From perusal of Annexure C-4, it is also evident that complaint was made by the complainant in CM Window, Haryana regarding his grievance.
16. In view of the aforesaid discussion, it is evident that the application for enhancement of the electricity supply was submitted by the complainant with the OPs on 09.09.2015 and electricity voltage was enhanced in the year 2019 to the tube-well of the complainant after filing the present complaint i.e. after a lapse of more than 3 years. We are of the considered opinion that it amounts to deficiency on the part of OPs in rendering service to the complainant. Therefore, the complainant is entitled for compensation on account of physical harassment and mental agony suffered by him. However the complainant has not produced any cogent convincing evidence in support of his claim that he has suffered losses of Rs.2,00,000/- on account of supply of low voltage by the OPs.
17. In view of the aforesaid discussion, the present complaint is allowed and the OPs are directed for making a payment of Rs.15,000/- to the complainant as compensation on account of mental agony and physical harassment and litigation charges. The present order be complied with within a period of 2 months from the date of receipt of this order. A copy of this order be furnished to both the parties free of cost as provided in the rules. File be consigned to record room after due compliance.
Announced in open Forum:
Dt.31.01.2020
(Jasvinder Singh) (Raghbir Singh)
Member President DCDRF, Fatehabad.
