District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 129/2020.
Date of Institution:05.03.2020
Date of Order:11.04.2023.
Mahesh Singhal S/o Shri Kanhiya Lal R/o Flat NO. 1012, Tower-P, Piyush Heights, Kheri road, Sector-89, Greater, Faridabad, Distt. Faridabad (Haryana).
…….Complainant……..
Versus
1. Piyush Heights Residents Welfare Association, Sector-89, Faridabad Distt. Faridabad (Haryana) through its President/Authorised Signatory.
2. SDO, DHBVNL, Kheri Pul, Faridabad.
…Opposite parties
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Satbir Singh , counsel for the complainant.
Sh. Ashok Narwat , counsel for opposite party No.1.
Sh. Raj Kumar Bhati, counsel for opposite party No.2.
ORDER:
The facts in brief of the complaint are that the complainant namely Mahesh Singhal was the member of opposite party No.1 vide membership receipt NO. 243 dated 26.11.2017 Sr. No. 481 dated 26.11.2017 and in this regard the complainant paid Rs.750/- to the opposite party. The complainant using the flat NO. P-1012 since 2017 to till date. The flat No. P-1012 allotted in the name of Mrs. Babita Garg who was the relative of the complainant by the Piyush Group and after allotment, the said flat was used by the complainant. At the time of abovesaid flat the builder i.e Piyush Group installed a electricity meter No. M-1D No. 886 and the complainant had been paying the electricity charge regularly and on Ist April, 2018, the above said society i.e Piyush Heights, Sector-89, Faridabad hand over by the opposite party No.1 and all the amenities and necessities became under the opposite party No.1 and the opposite party No.1 after removed the previous electricity meter No. M-1D No. 886, installed a new prepaid sub meter in the flat of the complainant and since June 2019 to 23.02.2020 the said prepaid meter regularly got re-charged by the complainant after paying the amount to the opposite party No.1 through Paytm Violet. On 10.02.2020 the complainant transferred the amount of Rs.1000/- through Paytm account of opposite party No.1 for recharging the electricity meter but the opposite party No.1 intentionally and knowingly did not re-charge the said meter after receiving of amount of Rs.1000/-. On 23.02.2020 the electricity connection of the flat of the complainant automatically due to non re-charge the said meter by the opposite party No.1 and since 23.02.2020 to till date facing very hardship as darkness in entire flat due to dis connection of electricity. In this regard the complainant moved the application to SHO BPTP as well as C.M.Haryana through CM Window, Faridabad. Not a single penny was still due against the electricity connection of flat No. P-1012 or any other dues lying against the complainant or his flat and in this regard No Dues certificate dated 4.1.2020. The complainant paying Rs.250/- per annum as a membership fees to the opposite party No.1 regarding flat No. P-1012. Without recharge of the pre paid meter of the complainant, the complainant and his family members were sufficient great difficulties without electricity and the electricity was very much essential for the complainant and his family members. The exam of the children of the complainant start from 20.02.2020 of 10th class and without electricity the future career of the children of the complainant would be spoiled and the complainant had also moved the application to the opposite party No.2 on24.2.2020 for taking legal action against the opposite party No.1 but no any fruitful purpose would be served. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) re-charge the electricity meter No. M-1D-886 pertaining to the flat No. P-1012 in Piyush Heights and continue the electricity supply in the above said flat..
b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
c) any other relief which this Hon’ble Forum deems fit and proper may also be granted to the complainant in the larger interest of justice.
2. Opposite party No.1 put in appearance through counsel and filed written statement wherein Opposite party No.1 refuted claim of the complainant and submitted that the answering opposite party was a resident welfare association duly registered under the registration and regulation of societies Act, 2012 and working for the welfare of the member residents in accordance with the bye-laws of the society. As per the clause 9 of the bye-laws of the society, the owner of the flat can only become the member of the society by fulfilling the other formalities for membership. Thus, the complainant was not a member of the society and since, the complainant was not a member of the society therefore the complainant did not come in the purview of consumer as per the Consumer Protection Act. The complainant had no locus standi to file the present complaint against the answering opposite party. In fact, the complainant was neither the flat owner of the answering opposite party’s society nor was the member. The documents reduced had been obtained by the complainant in his personal name in the year 2017 from the answering opposite in good faith and with the assurance to submit the ownership documents i.e allotment letter, possession letter, conveyance deed/sale deed and apartment deed alongwith the payment receipts duly issued by the builder of the purpose of purchasing the flat. But the complainants never submitted any documents of ownership to the answering opposite party inspite of perpetual demands of the said documents and linger on the matter by one pretext or another by leading lame excuses. Thereafter, the answering opposite party asked to submit the ownership proof of all residents members of the society upon which the complainant failed to submit the requisite documents mentioned hereinabove in regard to the ownership. Thereafter, the services of electricity of complainant was stopped/withheld whereupon the complainant vide letter dated 13.06.2019asked to recharge the pre-paid electricity meter. The answering opposite party vide letter dated 22.06.2019 duly replied to the complainant again requested to provide the relevant documents of the ownership whereupon the complainant vide his letter dated 30.06.2019 requested answering opposite party to submit the requisite documents of ownership of the flat of the complainant within4 to 6 months. Thereafter the complainant vide letter dated 14.07.2019 submitted 5 forged and fabricated documents having no legality in the eyes of law for the purpose of ownership a per the Indian Registration act 1908 and Haryana Apartment act 1983. The document submitted by the complainant prove the falsification and fabrication of the said documents as they were contrary to the claim of the complainant. The complainant in the said documents i..e complaint to commissioner of Police dated 09.08.2018 himself stated that no fault was ever purchased by the complainant rather the money of Rs.20,00,000/- was given to the builder by one Smt. Babita Garg W/o Sh. Mukesh Garg on 11% per annum interest and even the said money was never invested by the complainant at any point of time. The electricity services of the complainant was remain continue on humanity ground for the period of 6 months as sought by the complainant to submit the relevant documents even thereafter, the complainant failed to submit the requisite documents to the answering opposite party therefore the electricity recharge was withheld/stopped whereupon the complainant made a false complaint to the police of P.S.BPTP again the answering opposite party but the said police complaint was disposed off by the police being false and frivolous.. Opposite party No.1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Opposite party No.2 put in appearance through counsel and filed written statement wherein Opposite party No.2 refuted claim of the complainant and submitted that the present complaint of the complainant was not maintainable as the mandatory notice under section 80 of Code of Civil Procedure had not been served upon the DHBVNL before filing the present complainant. It was submitted the DHBVNL was an electricity company owned & controlled by Government of Haryana and carries public importance function of Distribution & Maintenance of electricity supply in Southern Part of State of Haryana. Therefore, DHBVNL was an instrumentality/agency of the Government of Haryana and as such , was “State” under Article 12 of constitution of India. Opposite party No.2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties–Piyush Heights RWA & Ors. with the prayer to: a) re-charge the electricity meter No. M-1D-886 pertaining to the flat No. P-1012 in Piyush Heights and continue the electricity supply in the above said flat.. b) pay Rs. 50,000/- as compensation for causing mental agony and harassment . c) any other relief which this Hon’ble Forum deems fit and proper may also be granted to the complainant in the larger interest of justice.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Mahesh Singhal,, Cheque receipt, message of Paytm, demand draft, letter dated 19.3.2020,, statement of account, letter to SHO, Thana, BPTP, Faridabad,, invoke,
On the other hand, counsel for the opposite party No.1 strongly agitated and opposed. As per the evidence of the opposite party No.1 Ex.RW1/A – affidavit of Bijender Singh, Authorised signatory of Piyush Heights residents Welfare association, Sector-89, Faridabad, Ex.R-1 – bye laws of the society, Ex.R-2, 3 ,4 & 5 - letters dated13.6.2019,22.6.20, & 30.06.2019& 14.07.2019, Ex.R-6 (colly) – letter dated 27.04.2019 regarding handover keys flat NO. P-1012 Two BHK, Ex.R-7 – letter dated 25.02.2020.
As per evidence of opposite party No.2 Ex.RW2/A – affidavit of Ravinder Kumar, SDO(OP), DHBNL, Sub Division Kheri Kalan, Greater Faridabad,
7. After going through the evidence led by the parties, the Commission is of the opinion that opposite party No.1 has received from Mahesh Singhal Membership No. 243 for Rs.750/- vide cheque/DD No. 011505 dated 09.11.2017 drawn on Allahabad Bank towards membership fee & annual fee vide cheque receipt No. 481 dated 26.11.2018. Hence the complaint is allowed. Opposite party No.1 is directed to re-charge the electricity meter No. M-1D-886 pertaining to the flat No. P-1012 in Piyush Heights and continue the electricity supply in the above said flat. Opposite party No.1 can stop the meter in question and take the possession of the disputed flat in due course of law. Opposite party No.1 is also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alognwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 11.04.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
