Haryana

Karnal

CC/394/2022

Neelam - Complainant(s)

Versus

Kuldeep Singh, SDo, UHBVNL - Opp.Party(s)

Kanavdeep

13 Jul 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                      Complaint No. 394 of 2022

                                                      Date of instt.12.07.2022

                                                      Date of Decision 13.07.2022

 

Neelam wife of Shri Balram Singh, resident of house no.3-B, Gali no.5, Basant Vihar, Karnal.

                                                 …….Complainant.

                                              Versus

 

1.     Kuldeep Singh, SDO, UHBVNL, Sub Division L-II, City Karnal.

2.     Executive Engineer, UHBVNL, Karnal.

 

                                                                   …..Opposite Parties.

 

      Complaint u/s 35 of the Consumer Protection Act, 2019

 

Before   Sh. Jaswant Singh……President.

              Sh. Vineet Kaushik….Member   

      Dr. Rekha Chaudhary……Member

 

 Present: Shri Kanav Deep Singh, counsel for the complainant.

                                        

                (Jaswant Singh President)

 

ORDER:      

                Complaint presented today. It be checked and registered.             

 

                        The complainant has filed the present complaint u/s 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs) on the averments that complainant is owner in possession of House no.3-B-II, Gali no.5, Basant Vihar Karnal and has been residing alongwith her entire family for last 32 years. The complainant had applied for electric domestic connection with OPs and after completion of all formalities, the OP installed the electric domestic connection in the residential premises of complainant bearing no.2047362755. The complainant has been enjoying the domestic electric connection since the date of releasing the electric connection by the OP. The complainant has also deposited the cost of the electric meter at the time of applying the connection of electric domestic meter alongwith other charges. Complainant has been deposited the consumption charges regularly and nothing is due against the complainant. On 30.06.2022, the complainant was out of station and the husband of complainant was also away to Chandigarh for his domestic work. When husband of complainant arrived at his house he found that electric meter has been removed by the OP no.1 without any notice or information to the complainant and no reason for removing the electric meter has also been disclosed. The Electricity is a basic amenity of which a person cannot be deprived. It is further averred that there is a property dispute in between the complainant with Suman and civil litigation is pending in regard to property. Suman Devi has instituted a civil suit against the complainant as well as his husband and she also has arrayed the OP as a one of the defendant and raised the objection for releasing the electric connection in favour of the complainant. The written statement has been filed by the complainant in that suit which is pending in the court of Shri Khatri Saurab, Learned Civil Judge, Senior Division, Karnal and is fixed for 27.07.2022 for PWs. The OP has on the written statement filed by the complainant as well as her husband and has also made the statement that the written statement so filed by the complainant be read as a written statement on behalf of the electricity department also. During the pendency of the abovesaid suit Suman Devi executed an agreement to sell with Gurvinder Singh etc. and fraudulent decree got passed in favour of Gurvinder and the execution proceeding is pending, in which the complainant alongwith her husband filed the objections as well as other litigation is pending before the learned civil court and a contempt application also has been filed against the said Suman Devi, because Suman Devi had violated the stay order dated 29.03.2016, which has not been got vacated by Suman till today. It is further averred that suit of Suman is likely to be dismissed on  merits as the suit is based on false pleas which cannot stand in the eyes of law. On 30.06.2022 Suman Devi and Gurvinder and another one person alongwith two officials of OP no.1 had visited at the house of complainant in her absence. The officials of the OP removed the electric meter of the complainant on the instruction of Suman and Gurvinder without any just cause and reason. The CCTV footage is available with the complainant which will be produced at the time of evidence. OP had removed the electric meter without issuing prior notice to the complainant and also without disclosing any for doing so whereas the complainant is not in the arrear of the electric bill in any manner, rather she has deposited the latest bill on 27.06.2022. The removal of the electricity meter of the complainant without any cause  is wrongly and in connivance with Suman is a result of fraud and theft of property from the premises of the complainant. The electricity also comes in essential service and without it amounts to violation of legal right to live and enjoy the facilities of electric connection so provided by the department, which cannot be snatched without any reason. Complainant moved an application for restoration of electric connection, but OP no.1 has refused to restore the same. In this way there is deficiency in service on the part of the OPs. Hence this complaint.

2.             Arguments on the point of admissibility heard.

3.             As per version of the complainant, there is a property dispute in between the complainant and Suman and civil litigation is still going on in civil court. Suman Devi has filed a civil suit against the complainant as well as her husband and she also has arrayed the OP as a one of the defendant and raised the objection for releasing the electric connection in favour of the complainant.

4.             Complainant has filed the present complaint with the prayer to direct the OP to restore the electricity connection in the premises of the complainant. It is no doubt, well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived. As per the version of the complainant, the electricity meter has been removed by the OP no.1 without any notice. The complainant can seek the remedy before the civil court from where the civil suit is pending. As the matter is allegedly subjudice and thus present complaint is not maintainable before this Commission and the same is hereby dismissed at the stage of admission. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:13.07.2022

                                                                       

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)      

                           Member                          Member