Haryana

Yamunanagar

CC/930/2013

Hari Ram S/o Goverdhan Dass - Complainant(s)

Versus

S.D.O UHBVN Ltd. - Opp.Party(s)

Akshya Sharma

21 Mar 2017

ORDER

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR AT JAGADHRI.

                                                                                    Complaint No. 930 of 2013.

                                                                                    Date of institution: 08.11.2013.

                                                                                    Date of decision: 21.03.2017.

Hari Ram aged about 53 years son of Sh. Goverdhan Dass, resident of village Mamidi, Tehsil Jagadhri, District Yamuna Nagar.                                                                                              

                                                                                                            …Complainant.

                                    Versus

The S.D.O. (OP) Sub Division NO.1, U.H.B.V.N. Ltd. Yamuna Nagar, Tehsil Jagadhri, District Yamuna Nagar.

 

                                                                                                ...Respondent.

BEFORE:       SH. ASHOK KUMAR GARG, PRESIDENT.

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Parmod Bansal, Advocate, counsel for complainant.

              Sh. Zile Singh, Advocate, counsel for respondent.

 

ORDER (ASHOK KUMAR GARG PRESIDENT)

 

1.                      Complainant  Hari Ram has filed the present complaint under section 12 of the Consumer Protection 1986. 

2.                     Brief facts of the present complaint, as alleged by the complainant, are that father of the complainant Sh. Goverdhan Dass had taken an electricity connection bearing account No. YY13981-M for Horticulture from the respondent (hereinafter respondent will be referred as OP Nigam) about 10-15 years ago which was single phase connection. The bill of the said connection has been paid regularly. About 5 years ago, the said connection was changed into three (3) phase connection on the request of the father of the complainant for which father of the complainant deposited the security with the OP Nigam vide serial No. 15042 dated 31.12.2008. Thereafter, the OP Nigam has converted the said connection into three (3) phase and also installed three (3) phase meter on the spot which is running at the spot since then. The father of the complainant deposited entire bill raised by the OP Nigam during his life time and father of the complainant had died on 21.10.2009. It has been further mentioned that the OP Nigam is sending the bills of single phase connection instead of three (3) phase connection and after coming to know the complainant approached the OP Nigam and requested them to correct the said bills and send the bill according to three phase connection but no one has taken care which constitute the deficiency in service and unfair trade practice on the part of the OP Nigam. Lastly, prayed for directing the OP Nigam to regularize the abovesaid connection from single phase to three (3) phase as an agriculture connection and further the OP Nigam be also directed to correct the bill as per actual consumption since beginning and adjust the amount which has already been taken in excess and also to pay compensation as well as litigation expenses. Hence, this complaint.

3.                    Upon notice, OP Nigam appeared and filed its written statement besides preliminary objections, on merit it has been admitted to the extent of taking electricity connection by the father of the complainant bearing No. 130981M. However, it has been mentioned that the electricity connection of the complainant was not for the Horticulture but it was a domestic connection of single phase. The electricity connection in question was never changed into three (3) phase connection. The father of the complainant has submitted fresh application for three (3) phase connection for agriculture purpose and the security amount has also been paid by the father of the complainant but the connection could not be released to him which will be released in his turn as per waiting list prepared by the OP Nigam. Rest contents of the complainant were denied. Lastly, prayed for dismissal of complaint.

4.                     In support of his case, complainant tendered into evidence his affidavit as Annexure CX and documents such as photo copy of electricity bills Annexure C-1 to C-10, Photo copy of election commission card as Annexure C-11, Photo copy of death certificate as Annexure C-12, Application for correcting the bill and to change the connection as annexure C-13 and closed his evidence.

5.                     On the other hand, learned counsel for the OP Nigam tendered into evidence short affidavit of Subhash Chand, SDO (OP) UHBVNL as Annexure RW/A and document such as electricity bill amounting to Rs. 24870/- dated 25.09.2014 as Annexure R-1 and closed the evidence on behalf of OP Nigam.

6.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

7.                     The only version of the complainant is that father of the complainant deposited security vide serial No. 15042 dated 31.12.2008 for changing the electricity connection from single phase to three (3) phase connection and the OP Nigam installed the three (3) phase meter on spot but the Op Nigam was sending the bills on the basis of single phase connection and despite so many requests, the OP Nigam did not pay any heed which constitute the deficiency in service and unfair trade practice on the part of OP Nigam and requested for acceptance of complaint.

8.                     On the other hand, learned counsel for the Op Nigam argued at length that the version of the complainant is totally false and is manipulated one. The real facts are that father of the complainant had submitted fresh application for three (3) phase connection for agriculture purpose and security amount was also paid by him but the electricity connection could not be released to him which will be released in his turn as per waiting list prepared by the Op Nigam as per rules and regulations of the Nigam. Learned counsel for the OP Nigam draw our attention towards the electricity bills Annexure C-1 to C-6 and argued that from the perusal of these bills, it is duly evident that the electricity connection in question was for domestic connection not for agriculture purpose as alleged by the complainant in his complaint. Learned counsel for the OP Nigam further argued that complainant has not placed on file any receipt bearing No. 15042 dated 31.12.2008 for depositing the security as alleged in the complaint. Lastly, prayed for dismissal of complaint.

9.                     After hearing both the parties, we are of the considered view that there is a deficiency in service on the part of Op Nigam “as the OP Nigam has admitted in their written statement in para No.3 that the father of the complainant had submitted fresh application for three (3) phase connection for agriculture purpose and the security amount has also been paid by the father of the complainant but the connection could not be released to him which will be released at his turn as per waiting list prepared by the OP Nigam” but the OP Nigam has not placed on file any waiting list for releasing the three (3) phase connection to the complainant. Even, the OP Nigam has also not disclosed in its written statement that at what serial number the name of the father of the complainant is listed and further any demand notice or any other letter was ever issued to the complainant to fulfill the formalities, if any, for releasing the three (3) phase connection to the complainant. A considerable time of near about 8-9 years have been lapsed since the date of deposit the security amount vide receipt No. 15042 dated 31.12.2008 and the present complaint is also pending since 08.11.2013 but the OP Nigam has totally failed to release the three (3) phase connection to the complainant which constitute the deficiency in service on the part of OP Nigam. 

10.                   Resultantly, we partly allow the complaint of complainant and direct the OP Nigam to release the three (3) phase connection to the complainant within a period of 30 days after completion of formalities for transfer of connection in his name and depositing amount, if any. Both the parties are left to bear their own costs. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 21.03.2017.

 

                                                                                                (ASHOK KUMAR GARG)

                                                                                                 PRESIDENT

                                                                                                 DCDRF, YAMUNANAGAR.

 

 

 

                                                                                                (S.C.SHARMA )

                                                                                                 MEMBER