DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.119 OF 2014.
DATE OF INSTITUTION: 07.05.2014.
DATE OF ORDER: .09.03.2017
Suresh son of Shri Shiv Lal son of Shri Harphool, resident of village Badhra, Tehsil Badhra, District Bhiwani.
………Complainant.
Versus
- Dakshin Haryana Bijli Vitran Nigam having its Head office at Vidhut Nagar, Hisar through its Managing Director.
- The Executive Engineer, Sub Urban, DHBVN, Charkhi Dadri.
- The Sub Divisional Officer, Sub Division Operation, DHBVN, Badhra, District Bhiwani.
- Respondents
- Rajender, 5- Om Parkash sons of Shiv Lal son of Harphool, residents of village Badhra, District Bhiwani.
……Performa respondents
COMPLAINT U/S 12 & 13 OF THE CONSUMER PROTECTION ACT,
BEFORE: Shri Rajesh Jindal, President.
Ms. Anamika Gupta, Member.
Present: None for the complainant.
Sh. K.R. Sangwan, Advocate for Ops no. 1 to 3.
Ops no. 4 & 5 exparte.
ORDER:-
RAJESH JINDAL, President:
In brief, the case of the complainant is that the father of the complainant had applied for grant of electricity connection for tubewell vide application No. B722 NP and deposited the initial application fee of Rs. 240/- with the office of OP no. 3 vide book No. 343 receipt no. 431 and the electricity connection for tubewell was applied for better irrigation of the land. It is alleged that the requisite formalities were got completed and the Ops assured the father of the complainant that the connection shall be released on seniority basis at the earliest. It is alleged that he visited the office of Ops no. 2 and 3 time and again with the request to release the electricity connection. It is alleged that the father of the complainant died on 19.11.2012 and thereafter he and the performa respondents visited the office of Ops no. 2 & 3 to release the connection, but to no effect. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, harassment and humiliation. 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 no. 1 to 3 on appearance filed written statement alleging therein that the complainant has not come to this Forum with clean hands. It is submitted that the complaint is not disputed but the application of the alleged father of the complainants stands rejected due to non compliance demand notice and non adoption of scheme of Nigam as per rules and instructions of the Nigam. It is submitted that there is no question of visiting office of the answering respondents by the complainant and performa respondents as the application for T/W connection filed by Sh. Shib Lal had been rejected on 13.02.2003 as per rules and instructions of 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 counsel for complainant has tendered into evidence copy of jamabandi as Annexure C-1, copy of receipt no. 231 as Annexure C-2, copy of Death Certificate as Annexure C-3, copy of mutation no. 5059 as Annexure C-4 and copy of affidavit of Suresh as Annexure C-5.
4. In reply thereto, the counsel for Ops no. 1 to 3 filed documents Annexure R-1 to Annexure R-2 alongwith supporting affidavit.
5. The complainant or his counsel is not appearing since 18.03.2016 and the case is being adjourned time and again in the absence of the complainant. It seems that the complainant is not interested to pursue his case. This is old case, we proceed to decide this case on merits. Arguments of counsel for the Ops no. 1 to 3 heard. We have gone through the record of the case carefully.
6. Learned Counsel for the Ops no. 1 to 3 reiterated the contents of the reply. He submitted that the father of the complainant had applied for tubewell connection on 05.02.2002 to OP no. 3. The OP vide letter bearing no. 3794 dated 03.01.2003 was asked for the adoption of the scheme merged by the Ops for releasing the connection in AP category but he did not complied with instructions given in the said letter. Hence the application was cancelled as per the rules and instructions on 13.02.2003 for non compliance of the demand notice which are Annexure R-1 and R-2. He further submitted that the present complaint of the complainant is time barred because the father of the complainant had applied for the connection in the year 2002 and his application was cancelled in the year 2003. He further submitted that the complaint of the complainant is not maintainable.
7. The complainant in support of his contention has placed on the record mutation no. 5059 Annexure C-1, receipt no. 231 dated 05.02.2002 for Rs. 240/- Annexure C-2, death certificate of Shiv Lal Annexure C-3, Farad Jamabandi Annexure C-4 and affidavit Annexure C-5. As per the contention of the complainant, Shiv Lal died on 19.11.2012. No correspondence with Ops has been produced by the complainant regarding the release of the AP connection in his favour. The OP has produced the Annexure R-1, wherein against the name of Shiv Lal memo No. 3794 dated 03.01.2003 has been mentioned and in Annexure R-2 it is mentioned on the last page that the application cancelled due to non compliance. Admittedly, the father of the complainant applied for AP category connection on 05.02.2002 and as per the contention of the OP his application was cancelled on 13.02.2003 for the non compliance of the instructions of memo no. 3794 dated 03.01.2003. In these circumstances, we found force in the plea of the Ops that the complaint of the complainant is time barred. Considering the facts of the case, the contention of the complainant does not find any support from the material produced by him on the file. Resultantly, the complaint of the complainant is dismissed with no order as to costs. 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: 09.03.2017. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta)
Member.
