Haryana

StateCommission

A/576/2015

DHBVNL - Complainant(s)

Versus

KRISHAN LAL - Opp.Party(s)

ROHIT DHEER

28 Sep 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      576 of 2015

Date of Institution:     08.07.2015

Date of Decision :      28.09.2015

 

Sub Divisional Officer, Operations, City Sub-Division, Dakshin Haryana Bijli Vitran Nigam Limited, Fatehabad, District Fatehabad, Haryana.

                             Appellant-Opposite Party

Versus

 

Krishan Lal s/o Sh. Hari Ram, Resident of Village Malhar, District Fatehabad, Haryana.

                                      Respondent-Complainant

 

CORAM:             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Shri Rohit Dheer, Advocate for appellant.

                             None for respondent.   

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

Dakshin Haryana Bijli Vitran Nigam Limited (for short ‘DHBVNL’)-Opposite Party, is in appeal against the order dated May 8^th, 2015, passed by District Consumer Disputes Redressal Forum (for short District Forum), Fatehabad.

2.      Krishan Lal-Complainant-respondent, applied for electric connection of his tubewell vide application dated December 15^th, 2008. He deposited Rs.2875/- on August 7^th, 2009. Demand being raised, he further deposited Rs.20,000/-. The complainant got installed his tubewell. Thereafter, the opposite party raised demand of Rs.30,000/- besides Rs.12,500/- per span. Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed before the District Forum.

3.      The Opposite Party appeared and contested the complaint by filing reply. It was stated that the complainant was asked to deposit Rs.20,000/- for releasing of tubewell connection but he informed that he was not in a position to deposit the same. The complainant had to deposit Rs.30,000/- besides Rs.12,500/- per span as per Sale Circular No.17/2013. The opposite party issued memo No.795 dated 29.05.2014 but to no effect. Denying any kind of deficiency in service, the opposite party prayed for dismissal of the complaint.

4.      On appraisal of the pleadings of the parties and the evidence adduced on the record, the District Forum vide impugned order accepted complaint directing the opposite party as under:-

“….we allow this complaint and direct the opposite parties to release the connection as per Sales Circular No.D-12/2012. Since the complainant has paid Rs.20,000/- on 26.03.2010 then as per spirit of the Sale Circular D-12/2012 he has to deposit the amount of Rs.50,000/- @ 12,500/- per span and the Nigam cannot demand the amount of Rs.30,000/-. It is ordered accordingly. The ops are further directed to pay litigation expenses of Rs.2000/-. Order be complied within 45 days”.

5.      After filing of the appeal, an affidavit has been placed on file by appellant purporting to have been furnished by the respondent-complainant that he is ready to pay the charges as per Sale Circular of the DHBVNL-Opposite Party.

6.      Notice of the appeal was served upon the respondent-complainant, dasti. Service is attested by Numberdar of Village Malhar. But none appeared on behalf of the respondent.

7.      Since, the complainant has given his consent to deposit the charges as per Sale Circular, therefore, the connection be released in accordance with the Circular applicable to the complainant.

8.      The impugned order is modified to the extent indicated above and the appeal stands disposed of.

9.      The statutory amount of Rs.1,000/- deposited at the time of filing the appeal be refunded to the respondent-opposite party against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced: 28.09.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

CL