IN THE MATTER OF

1. Ram Kumar Singh
2. Joginder Singh
3. Mahindra Singh

R/o Village Bhankri, Dist Aligarh

                                                         V/s

Executive Engineer Electricity Urban Distribution Division – I, Lal Diggi, Aligarh  (UP)

CORAM

 Present:                                   

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member

             PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for following reliefs-

1. Op be directed either to reconnect the electricity connection if it was temporarily disconnected or to release new connection.
2. Op be directed to pay Rs 9 lakh as compensation for harassment and Rs 10000/ for litigation expenses.

2. Complainant has stated that a complaint was made wherein it was stated that private tube well connection no-5101/0113804 was sanctioned in the name of Ramswaroop s/o Kishan Singh and the tube well connection was installed in gata no 255 k. Ramswaroop had sold the land and Ram kumar had got the connection unauthorizedly installed in his gata no 242/243. The op on this complaint disconnected the connection. Where as the Complainant has been irrigating the crops by this connection for several years. Complainant was informed by the op that the connection was temporarily disconnected. Late Ramswaroop was the brother of grandfather of the complainant who was issueless and complainants are is heirs. Complainant has made clear that the connection was never transferred and it was installed in gata no-242/243 and the lekhpal has also submitted report to this effect and the op has wrongly stated that the connection was installed in gata no-242 by transferring the material of tube well installed in gata no-255 k. The connection was disconnected on 22/6/2022 without giving any notice.
3. Op has stated in ws that the tube well connection no 5101/013804 was sanctioned in the name of Ramswaroop and it was installed in gata no-255 k. It was found in enquiry that Ramswaroop had sold the land gata no 255 k/3 and the tube well connection was not found installed in gata no-255 k by the Lekhpal. Complainants have not moved for transfer or mutation in respect of the connection and there is no order of transferring the tube well connection in gata no-244.
4. Complainants have filed affidavits and papers and op has also filed papers.
5. We have heard the parties counsel and perused the record.
6. The first question of consideration before us is whether the complainants are entitled to any relief ?
7.  It becomes clear from the pleadings of the parties that as per complainants’ case, the tube well connection was sanctioned in the name of Ramswaroop for installation in gata no-242 owned by Ram Swaroop, the brother of grandfather of the complainants who died issueless where as as per  op, the connection was sanctioned in the name of Ram Swaroop was installed in gata no-255 k owned by Ram Swaroop. It was found in enquiry made on a complaint against the complainants that the connection was shifted from gata no-255 k to gata no-244 and it was also found by Lekhpal that the connection did not exist in gata no – 255 k on 6/6/2022. Complainant Ram Kumar Singh had filed affidavit and he  has deposed that the connection no-5101/013804 was sanctioned in the name of Ram Swaroop  whose wife late Vidya Devi had sold the land gata no-255 ka to Smt Rajwati Devi the wife of Khacher pal singh,  the father of complainant and extract of khatauni has been filed. Thus the complainant became the owner of the land gata no-255 ka. Complainant has also deposed that the land gata no-244  is also owned by the complainant as per extract of khatauni and the connection was installed in gata no-242 and was never shifted from gata no-255 ka. As per extract  of khatauni land gata no-242 243 and 244 is owned by the complainant. lekhpal has also submitted that the connection did not exist in gata no-255 ka. Complainant Ram kumar Singh has deposed that the connection was never shifted from gata no-255 ka to gata no-242 to 244. There is no sufficient material to controvert the facts that the connection was shifted from gata no-255 ka to gata no-242 243 244. Complainant is the legal heir of Late Ram Swaroop and  other heirs of Ram Swaroop who are complainants in the case, have no objection in mutation of the name of Ram Kumar Singh in the record and his name may be mutated in record as per clause 4.44 (g) of the UP Electricity Supply Code 2005. The connection was temporarily disconnected on 22/6/2022. The connection may be reconnected under clause 4.39 of the code 2005. Complainant has deposed that he has paid the electricity dues and  payment receipts dated 30/6/2022 have been filed. Complainants have stated in para no-6 of the complaint that the connection was disconnected despite of no electricity dues. Op has not stated electricity dues against  the complainants in ws and thus op is obliged to reconnect the connection. Accordingly complainants are entitled for getting the connection reconnected and  for mutation of the name of complainant Ram Kumar Singh in the record in place of the name late Ram Swaroop.    

8.   The question formulated above is decided in favour of the complainant.

9.   We hereby direct the Op to reconnect tube well electricity connection no 5101/013804 and to enter the name of complainant Ram Kumar Singh in place of late Ram Swaroop in the record. Op is also directed to pay litigation expenses Rs 10000/ to the complainants.  
10. Op shall comply with the direction within 45 days failing which OP shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11.  A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties. 
12.  File be consigned to record room along with a copy of this judgment.