BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                          Consumer Complaint no. 96 of  2015                                                                           

                                                          Date of Institution         :    15.5.2015                                                                          

                                                          Date of  Decision  :    8.2.2017

Rajpal, aged 41 years son of Shri Jai Mal Singh Sihag, resident of village Chautala, Tehsil Dabwali, District Sirsa.

                                                                                        ……Complainant.

                                      Versus

1.    Dakshini  Haryana Bijli Vitran Nigam Ltd., through its Managing Director a Hisar.

2.       Executive Engineer, Dakshini Haryana Bijli Vitran Nigam Ltd., OP Division, Dabwali, District Sirsa.

3.       Sub Divisional Officer, Dakshini Haryana Bijli Vitran Nigam Ltd., Op Chautala Sub Division, Distt.Sirsa.

                                                                                        ...…Opposite parties. 

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:                 SHRI S.B.LOHIA…………………PRESIDENT

                             SHRI RANBIR SINGH PANGHAL……MEMBER.   

Present:           Sh. P.K. Berwal,  Advocate for the complainant.

             Sh. Sachin Nanda, Advocate for the opposite parties.

ORDER

                                In brief, the case of the complainant is that he is consumer of the ops vide AP electric connection bearing No. KB61-0348 which is installed in his field for running the tubewell i.e. for agricultural purposes. The complainant is a progressive farmer and he used to irrigate his about four acres of land and also taken 21 acres of land on contract basis. There is no other source of irrigation of the land of complainant except the said tubewell. It is further pleaded that he was making payment of bills of consumption regularly and there is nothing due against him in respect of above electric connection. In the month of July/August, 2014, a huge amount was added in the consumption bill of above electric connection and ops disconnected the connection in an illegal, unlawful and arbitrary manner without any notice to complainant. On inquiry, the officials of ops told him that some amount by the audit party was detected pertaining to electric connection no. CC41-0021. The flour mill had been burnt two/three years ago which was a commercial connection. The ops without notice arbitrarily added that amount in the AP connection of complainant which is illegal and against law and facts. Due to the illegal disconnection of AP electric connection of complainant, he being a farmer is facing great difficulty in irrigating his field. The complainant could not harvest his narma crop in 2014 season and also could not sow wheat crop in 2014 crop season. The complainant is entitled to a compensation of Rs.one lac from the ops. The complainant approached the ops and requested them to withdraw the impugned amount pertaining to connection No.CO-41-0021 from AP electric connection and also to restore the said connection of complainant but the ops did not pay any heed to the same and have refused to do so a week back. Hence, this complaint.

2.                On notice, ops appeared and filed reply taking preliminary objections that complainant has not come to this Forum with clean hands. He has concealed true and material facts from this Forum. He had already filed complaint case No.66/2011 against the ops which was dismissed in default on 6.11.2013. The present complaint is barred by the principle of res judicata. The issue regarding withdrawal of amount belonging to A/c no.CO41-0021 had already been decided against the complainant on 6.11.2013 and that complainant has no grievance to get redressed from this Forum because the amount of the bills has been charged by ops in due course of law and complainant is legally liable for the same. It has been further submitted that complainant previously was having A/C No.CO41/0021 (SP) and during audit observation of the above account by ops the amount of Rs.61,206/- was found due towards the complainant. The total outstanding amount of A/c No.CO41-0021 up to November, 2013 was Rs.1,58,493/- of which a registered notice was duly sent to complainant on 26.11.2013 and he was requested to deposit the aforesaid outstanding amount within 15 days. A registered notice was also sent to the complainant on 12.6.2014 through which he was informed that outstanding amount of his account No.CO41-0021/SP will be recovered from his account no. KB61-0348 in case he does not make payment of aforesaid amount. This notice has been duly received by complainant. The amount was rightly added in the impugned bill and they have rightly disconnected the electric connection.  The present connection has also been disconnected in due course of law due to non payment of outstanding amount. With these averments, dismissal of complaint has been prayed for.

3.                The complainant has tendered his affidavit Ex.C1,  copy of bill dated 8.7.2014 Ex.C2, copy of report Ex.C3, bill dated 12.12.2014 Ex.C4, bill dated 14.1.2015 Ex.C5, letter dated 7.4.2015 Ex.C6, bill Ex.C7. On the other hand, ops tendered affidavit Ex.RW1/A, copy of order dated 6.11.2013, notice dated 25.11.2013 Ex.R2, postal receipt Ex.R3, notice dated 6.6.2014 Ex.R4, postal receipt Ex.R5, acknowledgment Ex.R6, notice dated 19.2.2014 Ex.R7, postal receipt Ex.R8, notice dated 18.3.2014 Ex.R9, audit observation Ex.R10, copy of complaint No.66 of 2011 Ex.R11 and copy of sales circular No.D-65/2007 dated 6.12.2007 Ex.R12.

4.                We have heard learned counsel for the parties and have perused the case file carefully.

5.                The outstanding amount of connection No.CO41-0021/SP of the complainant has been transferred to another connection of complainant bearing No.KB61-0348 for non payment of the outstanding amount in respect of above said connection after disconnection of the connection. Notice in this regard was also sent to the complainant on 6.6.2014 as is evident from copy of letter No.1105 dated 6.6.2014 Ex.R4 informing the complainant that in case he does not deposit the outstanding amount of connection No. CO41-0021 within two days then as per rules of the Nigam, the outstanding amount would be recovered from his another account No. KB61-0348. Prior to that, the ops written letters dated 25.11.2013 (Ex.R2), 19.2.2014 (Ex.R8) and 18.3.2014 (Ex.R9) to the complainant to pay the outstanding amount of connection No.CO41-0021/SP otherwise the amount would be recovered from domestic electric connection and sufficient time was granted by the ops to the complainant for paying the outstanding amount but complainant failed to pay any outstanding amount to the ops. The ops have acted as per sales circular No.D-65/2007 Ex.R12 which says that as and when the defaulting consumer is traced out, the defaulting amount shall immediately be transferred to his/her account. Thus, we see no illegality on the part of ops to transfer the outstanding amount of one connection of complainant to another account and in disconnection of connection of complainant for non payment of outstanding amount.

6.                Keeping in view of our above discussion, we find no merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to record room after due compliance.

Announced in open Forum.                                           President,

Dated:8.2.2017                                                     District Consumer Disputes

                                                Member                Redressal Forum, Sirsa.