Haryana

StateCommission

A/659/2016

UHBVNL - Complainant(s)

Versus

JAGMENDER - Opp.Party(s)

ALKA JOSHI

24 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

                                                First appeal No.659 of 2016

Date of the Institution: 18.07.2016

Date of Decision: 24.08.2016

 

1. The XEN UHBVNL, Fazilpur Power House, Fazilpur, Main Delhi Road, Sonepat.
2. S.D.O., UHBVNL, Rajiv Colony, Near Holy Cross School, Opp. Sector 15, Murthal Road, Sonepat.

                                                                   .….Appellants

 

Versus

 

Jagmender S/o Sh. Mukhtiar Singh, r/o Village Chitana,Tehsil and Distt. Sonepat.

                                                                             .….Respondent

CORAM:    Mr.R.K.Bishnoi, Judicial Member

                    Mrs. Urvashi Agnihotri, Member

 

Present:-    Mrs.Alka Joshi, Advocate for the appellants.

 

O R D E R

 

R.K.Bishnoi, JUDICIAL MEMBER:

 

          It was alleged by the complainant that he applied for electric connection for his tubewell in the year 2014 and deposited the requisite amount. O.P.s allowed his request and allotted account No.AP03-1054-y on papers, but, did not install transformer and supply line etc. Even without starting electric supply O.P.- appellant issued bill for Rs.2765/-.

2.      In reply, it was alleged that some files of Bhatgaon Sub Division were not available and enquiry was already ordered.  Objections about estopple, accruing cause of action, status as a consumer etc. were also raised and requested to dismiss the complaint.

3.      After hearing both the parties, Learned District Consumer Disputes Redressal Forum, Sonepat (In Short “District Forum”) allowed the complaint vide impugned order dated 22.01.2016 and directed as under:-

“We hereby direct the respondents to install the electricity meter, wires, pole and transformer for the purpose of tubewell electricity connection within a period of one month from the date of passing of this order. Further the respondents are directed to withdraw the bill Ex.C3 and to issue the electricity bill to the complainant as per consumption of electricity energy/meter reading shown in the newly installed electricity meter.”

4.      Feeling aggrieved therefrom, O.Ps. have preferred this appeal on the ground that there was no fault on their part and the files were misplaced by Jasbir Singh Junior Engineer (J.E.). They were always willing and ready to release connection to the customers, but, they could not be released because there was no file.

5.      Arguments heard. File perused.

6.      It is no where denied by the appellants that complainant did not deposit the requisite amount for release of the connection. They have also not denied the existence of account number and the demand raised by them.  It is also admitted that transformer etc. are not installed as yet.  If the file has been lost, the complainant is not to suffer for the same.  It is the duty of the department to re-construct the file and take necessary action against his concerned employee. Consumer cannot be made to suffer for this purpose.  He has applied for tubewell connection in the year 2014, but, the same is not released as yet.  He must have been deprived of two circles of crops qua these two years.  The impugned order is well reasoned based on law and facts and cannot be disturbed.  Resultantly appeal fails and the same is hereby dismissed in limine.

 

August 24th, 2016

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K