Haryana

StateCommission

A/107/2017

UHBVNL - Complainant(s)

Versus

NARESH - Opp.Party(s)

B.D.BHATIA

26 Apr 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

 

First Appeal No  :       107 of 2017

Date of Institution:       30.01.2017

Date of Decision :        26.04.2017

 

 

 

1.      SDO, UHBVNL, Murthal Sub Division, Sonepat.

2.      J.E.-1, Sub Office, UHBVNL, Bhagaon, District Sonepat.

3.      UHBVNL through its Superintending Engineer, Circle Office, Old DC Road, Sonepat.

                                      Appellants-Opposite Parties

 

Versus

 

Naresh son of Sh. Sukbhir, resident of Village Barwasni, Tehsil and District Sonepat.

                                      Respondent-Complainant

 

 

 

 

 

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Balbir Singh, Judicial Member.

                                                                                                         

Argued by:          Shri B.D. Bhatia, Advocate assisted by Shri Sandeep Sikri, Sub Divisional Officer for appellant.

Naresh-complainant in person with Shri Ram Pal Verma, Advocate

 

 

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)  

 

          The instant appeal filed by UHBVNL and its functionaries-opposite parties (appellants herein) calls in question the correctness of the order dated November 25^th, 2016 passed by District Consumer Disputes Redressal Forum, Sonepat (for short, ‘District Forum’) whereby complaint filed by Naresh-complainant was allowed.  Operative part of the order is reproduced as under:-

          “Accordingly, it is directed to the respondents not to disconnect the electricity supply of the complainant.  Further it is directed to the respondents to install the electricity meter to the tubewell of the complainant and further to regularize the electricity connection of the complainant.”

2.      The UHBVNL-appellants launched a scheme namely ‘Self Execution Scheme’ for release of tubewell electricity connections to farmers. The complainant paid Rs.70,000/- to Jasbir Singh, Junior Engineer of the UHBVNL. Accordingly by erecting poles and installing a transformer, tubewell connection was to the complainant. However, neither any receipt for Rs.70,000/- was given to the complainant nor any electric meter was installed at his tubewell. The UHBVNL instead of regularizing the connection and without installing meter, threatened the complainant to disconnect his electric supply.

3.      The UHBVNL, in its written version, denied the averments of the complaint. It was pleaded that First Information Report No.360 dated July 13^th, 2015 under Section 406/420 IPC, Police Station Sadar, Sonepat was registered against Jasbir Punia, the then Junior Engineer, UHBVNL and other employees of UHBVNL for dishonestly inducing delivery of property. Jasbir Punia was never directed to release the electricity connection and no material viz. poles, wires etc were provided by the UHBVNL to him.   Neither any amount was deposited by the complainant in the account of UHBVNL nor any assurance was given for installation of electricity meter to the complainant. It was prayed that the complaint be dismissed.

4.      The District Forum allowed the complaint and directed the opposite parties as detailed in paragraph No.1 of this order.

5.      It was argued on behalf of the UHBVNL that Jasbir Punia, Junior Engineer (JE) of the UHBVNL got erected the poles and installed transformer illegally for which he was charge-sheeted and punished.  The complainant unauthorizedly got the electric supply at his tubewell by getting the poles erected and transformer installed. 

6.      UHBVNL did not deny the fact that the transformer was issued by it. The complainant was not supposed to know that Jasbir Punia, Junior Engineer, who was an official of the UHBVNL, was acting under the instructions or in violation of the instructions of UHBVNL. It is not in dispute that Jasbir Punia, Junior Engineer got the transformer issued from UHBVNL.  He got the transformer installed, erected the poles and released the connection. Throughout there was no fault on the part of complainant and he was not to be blamed.  It has been admitted at bar by learned counsel for the UHBVNL that the department of UHBVNL is getting poles and transformers etc installed through the contractor.  Shri Sandeep Sikri, S.D.O. who is present in person, confirmed the installation of transformer and poles in the fields of the complainant and even the connection was released; though he states that it is an unauthorized release of connection.

7.      For the reasons recorded supra, the impugned order passed by the District Forum is perfectly right and requires no interference. Accordingly, the appeal is dismissed being devoid of merits.

 

 

 

 

 

 

 

 

 

 

 

Announced 26.04.2017

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK