Haryana

Yamunanagar

EA/60/2016

Raghubir Singh S/o Joti Ran - Complainant(s)

Versus

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

R.K.Kamboj

23 Aug 2016

ORDER

Ex. No. 60 of 2016.

Raghubir Singh vs.UHBVNL

 

Present:  None for DH.

              Sh. Rohtash Singh, Lineman on behalf of JDs.

 

                        Today the present execution was fixed for appearance of the JDs. Sh. Rohtash Singh, Lineman authorized by SDO (OP) Sub Division Radaur appeared and filed objections on behalf of the JDs/respondents. it has been mentioned that the  JDs/respondents were ready to release the tubewell connection of the complainant as per the order of this Forum dated 27.09.2012 but the complainant/DH refused to take the connection. Not only this, the complainant moved an application before the JDs supported by affidavit that he does not want to get the tubewell connection and further requested for refund the amount deposited by the DH/Complainant. Accordingly, the amount of Rs. 41800/- deposited on account of security, consent money as well as other charges had already been refunded to the complainant/DH vide cheque No. 335980 dated 30.12.2014. Further, it has been mentioned that DH/Complainant has also been withdrawn his previous execution on 23.05.2014 bearing No. 132 filed before this Forum on 25.04.2013 on the same ground. The JDs alongwith the objections, has filed copy of cash voucher refunded to the complainant and photo copy of affidavits and application for refund the amount as well as copy of hand receipt form in support of their objections.

                        After going through the documents as well as objections filed by the JDs, we are of the considered view that the version of the DH/complainant is that OPs/JDs have played fraud with the petitioner by way of misrepresentation of facts for which they have no right title or authority and has obtained signatures of the DH on many blank papers is not tenable. Even the complainant/DH has not denied the fact that he has not received the amount of Rs. 41800/- vide cheque No. 335980 dated 30.12.2014 from the JDs in the present execution. As such, the present execution petition has been filed by the DH by misusing the process of law and the same is hereby dismissed with costs of Rs. 2000/- which will be deposited in the Consumer Legal Aid within a period of 30 days otherwise action will be initiated as per law. Copies of this order be sent to the parties concerned free of costs.  File be consigned to the record room after due compliance.

Announced: 23.08.2016.

 

                                                                                   

                                                (S.C.SHARMA)                                    (ASHOK KUMAR GARG)

                                                 MEMBER                                             PRESIDENT