Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 661
Instituted on : 09.11.2021
Decided on : 22.12.2022.
Sandeep Singh age 36 years, s/o Sh. Mahabir R/o H.No.C-46, Suncity Sector-36, Distt. Rohtak.
………..Complainant.
Vs.
S.D.O., ‘OP’ (R-41 circle) Sub Division-1, UHBVN, Office on Power House near Medical Mor, Delhi Road, Distt. Rohtak.
..……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.Sandeep Hooda, Advocate for complainant.
Sh. Karun Bhardwaj Advocate for opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that he is permanent resident of H.No.C-46 Suncity Sector-36, District Rohtak. The above mentioned house is in the name mother of complainant having an electricity connection no.4387028331. Complainant had applied for a permanent electricity connection for second floor vide application number R41-221-478 on 19.02.2021, R41-321-72 dated 03.03.2021 and R41-1021-30 on 02.10.2021 for category domestic supply(DS). The mother of complainant had duly sworn an affidavit regarding no objection for new connection. Complainant deposited the requisite fee with opposite party as per rules and regulations required for new connection. But till date no connection has been issued in the name of complainant. There is no such rule that more than one connection cannot be issued in one house. The respondent has neither denied nor had issued a new connection till date without any reason. The act of opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to install a new connection for domestic supply in the name of complainant without any further delay and also to pay a compensation of Rs.200000/- on account of harassment and Rs.20000/- as litigation expenses to the complainant. 2. Notice of the present complaint was issued to the opposite party. Opposite party appeared and filed its written reply submitting therein that in the premises in question one electricity connection has already been installed by respondent in the name of mother of complainant which has been admitted by the complainant in his complaint. Further it is submitted that as per Circular of the respondent bearing No.U-20.2016 bearing memo no.Ch-15/TR/90/Draft Reg. 2016/HERC/CGM/C-1 dated 28.08.2016 the new permanent electricity connection can only be provided to separate unit in duly partitioned premises or registered as separate entrance and that the internal wiring of the premise is separate or it is registered as a separate entity/firm under the relevant law, but the complainant failed to follow the said instructions. The complainant was clarified about this, as and when he contacted the respondent. There is no deficiency in service on the part of opposite party. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A and documents Ex.C1 to Ex.C9 and closed his evidence on dated 02.05.2022. On the other hand, ld. counsel for opposite party has tendered affidavit Ex.RW1/A and documents Ex.R1 and closed his evidence on dated 11.07.2022.
4. We have heard ld. counsel for the parties and gone through the material aspects of the case very carefully.
5. In the present case, it is not disputed that complainant had applied for connection for plot no.C-46 at 2nd floor. Complainant moved several applications through Ex.C1, Ex.C5 & Ex.C6 but the connection has not been released. The plea taken by the opposite party is that internal wiring of the premises should be separate. The bills Ex.C7 and Ex.C8 shows that the opposite party has already issued connections in the adjacent plot i.e.C-25 on first & Second floors of that premises. The complainant has applied for connection on second floor but the same has not been issued to him till date. Hence there is deficiency in service on the part of opposite party and opposite party is liable to release a new connection to the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the complainant to file fresh affidavit with the opposite party within 15 days to the effect that electricity wiring of the premises of complainant is separate and thereafter opposite party shall release the connection without any delay. Opposite party is further directed to pay Rs.4000/-(Rupees four thousand only) as compensation on account of deficiency in service and Rs.4000/-(Rupees four thousand only) litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
22.12.2022.
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Nagender Singh Kadian, President
…………………………………
Tripti Pannu, Member.
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Vijender Singh, Member
