Haryana

Fatehabad

116/2014

Mahabir Singh S/o Dharampal - Complainant(s)

Versus

Executive Engineer DHBVN, Sub-divisional Officer - Opp.Party(s)

Zile Singh

22 Aug 2014

ORDER

BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.

 

C.C.No.116 of 2014.

Date of Instt.:  07.07.2014.

Date of Decision:  02.03.2015.

 

Mahabir Singh son of Dharampal resident of village Bhuthan Kalan, Tehsil & District Fatehabad.

..Complainant

     Versus

 

1.Dakshin Haryana Bijli Vitran Nigam, through Executive Engineer, Operation Division, DHBVN, Fatehabad through Fatehabad.

2.Sub Divisional Officer, Operation Sub-Division, Sub-Urban Dakshin Haryana Bijli Vitran Nigam, Fatehabad Tehsil & District Fatehabad.

 

                                                                  ..Opposite parties.

                  Complaint U/S 12 of CP Act

 

Before:                 Smt.Pushpa Mehta, Presiding Member.

                             Sh. Ranbir Singh Panghal, Member.

 

Present:       Sh.Zile Singh, counsel for the complainant.

                   Sh.Inder Karwasra, counsel for the OPs.

 

ORDER

                   The complainant has brought the present complaint under section 12 of the Consumer Protection Act (for short, called, the Act).

2.                 Brief facts of the complaint are that there is an electric tubewell connection bearing account No.BT-54-3064 installed at Bhuthan Kalan Tehsil & District Fatehabad and he has been using the said connection by making the bills of the same regularly. In the month of October, 2011 the meter f the same got burnt and complainant made complaint with the OPs and also deposited Rs.6108/- on 28.10.2011 but the OPs did not replace the meter with a new till October, 2012 and during this period it kept on sending the bills on average basis and complainant was forced to make the payment thereof in order to avoid disconnection. The bills issued by the OPs for a sum of Rs.12,622/- on 09.07.2013 and Rs.12852/- are wrong, against law, null and void and have been issued without affording any opportunity of being heard. It has been further averred that prior to it the OPs had issued a bill for Rs.6734/- which the complainant had challenged in Civil Court, Fatehabad but during the pendency of the suit the OPs had illegally and wrongly disconnected the electricity connection.  Thereafter the complainant had filed a complaint before Consumer Forum in which the OPs had appeared and under the assurance of re-connection of electric connection got deposited an amount of Rs.12,852/- from the complainant without providing of detail but did not re-connect the same. On 28.02.2014 the complaint filed by the complainant was dismissed in default due to non-appearance. Thereafter the complainant kept on requesting the OPs to overhaul his account and to reconnect the electric connection and also to adjust the amount of Rs.12852/- but they did not adhere to the requests of the complainant.  Due to the act and conduct of the OPs the complainant has suffered mental agony and harassment which amounts to deficiency in service on their part. In evidence the complainant has tendered affidavit and documents Ex.CW1/A, Annexure C1 to Annexure C17.

3.                On being served, the OPs through their counsel appeared before the Forum and took various preliminary objections of locus standi, concealment of material facts and maintainability etc. in the reply. It is submitted that the complainant had earlier filed a civil suit before Civil Court, Fatehabad which was withdrawn by his counsel on 18.05.2013 and the Hon’ble Court had not granted any permission to file the case afresh but despite that the complainant had filed a complaint No.126 dated 05.06.2013 before this forum and as per interim order dated 01.07.2013 the complainant had deposited Rs.12852/-. Thereafter the complainant was asked to submit photo, jamabandi of the land alongwith ID proof and RCO fees through memo No.1756 dated 23.07.2013. It has been further submitted that the OPs had also issued another memo No.1763 dated 25.07.2013 for submitting of necessary documents for making the compliance of the order passed by this Forum. Thereafter the OPs had issued another notice but on enquiry it came to their knowledge that no person in the name of the complainant resides in the village.  It has been further submitted that the complainant had deposited an amount of Rs.6108/- for replacing of meter but due to non-availability  of meter it could not be replaced but on 17.10.2012 the same had been replaced. The OPs are still ready to provide electric connection on completion of requisite formalities.  The bills had been sent to the complainant as per norms of the Nigam. Other pleas of the complaint have been controverted and  prayer for dismissal of the complaint has been made.  In evidence the OPs have  tendered affidavit and documents Annexure A to Annexure.

4.                Heard. The counsel for the complainant reiterated the averments made in the complaint and prayed for its acceptance whereas the counsel for OPs reiterated the averments made in the reply and prayed for its dismissal.      5.              During the course of hearing of arguments the counsel appearing on behalf of the complainant has drawn our attention towards the interim order dated 01.07.2013 passed in the earlier instituted complaint which was not complied with despite instructions of this forum and requests of the complainant for implementation of the order as he had deposited the amount as per directions.  In earlier complaint which was dismissed in default the Forum had passed the interim order by giving directions to the Ops Nigam to re-connect the electricity connection of the tubewell against payment of Rs.12457/-  qua actual consumption charges, till the compliance of that interim order the complaint was disposed of on account of non-prosecution. Thus, interim order was merged into final order of disposal of that complaint. Now, in the instant complaint which has been instituted on the same grounds the parties have led their evidence as per their respective claim.

6.                The counsel for the OPs has argued that the complainant is not a bonafide consumer as he did not submit the requisite documents even after issuance of notices Annexure D & E from the side of OPs  and in the instant complaint he has concealed factum of previous litigation regarding same controversy which was dismissed as withdrawn from the court of Ms.Sonika Goel CJ (SD), Fatehabad on dated 18.05.2013. The order passed by learned Civil Court dated 18.05.2013 is as follows:

                             Learned counsel for the plaintiff has made a statement that he does not want to pursue the matter. In these circumstances, the present suit stands dismissed as withdrawn. File be consigned to the record room.

In this order no permission for filing the suit or complaint before any competent court has been granted, therefore, the present complaint deserves dismissal being hit by resjudicata.

7.                Keeping in view the above facts and circumstances stated above we are of the considered opinion that the complainant cannot be permitted to seek the compliance of interim order dated 01.07.2013 passed in previous complaint which ultimately was dismissed and attitude of non-furnishing of fact of earlier litigation qua the same controversy makes the complainant dis-entitled for availaing the relief. The complaint is hereby dismissed with no order as to costs. A copy of this order be supplied to both the parties free of cost.  File be consigned after due compliance.

 

Announced in open Forum.

Dated:02.03.2015

 

                                                                   (Pushpa Mehta)

                                                                   Presiding Member,

(Ranbir Singh Panghal)                       Distt.Consumer Disputes

      Member,                                                 Redressal Forum, Fatehabad.

 

                            

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Present:       Sh.Zile Singh, counsel for the complainant.

                   Sh.Inder Karwasra, counsel for the OPs.

 

 

   Order announced today as 27.02.2015 had been declared holiday on account of sudden demise of Sh.Hukam Singh, Ex.Chief Minister of Haryana. Vide separate order of even date, complaint has been dismissed. File be consigned to record room.

 

Announced in open Forum.

Dated:02.03.2015.

                            

 

(Member)                                                              Presiding Member,

                                                                            DCDRF,Fatehabad