Haryana

Sonipat

CC/322/2015

Azad Singh S/o Dalip Singh - Complainant(s)

Versus

S.D.O. U.H.B.V.N.L. Murthal - Opp.Party(s)

Hemant Sharma

15 Feb 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

 

                Complaint No.322 of 2015

Instituted on: 04.09.2015                                                     

Date of order: 15.02.2017

 

 

Azad Singh son of late Sh. Dalip Singh, resident of village Barwasni, tehsil and distt. Sonepat.

…Complainant.          Versus

1.UHBVN Ltd. through its SDO Murthal Sub Division Office at Rajiv Colony, Opp. Sector 15, Sonepat.

2.Raj Kumar ALM UHBVN Ltd. Sub office Bhatgaon, Distt. Sonepat.

3.Rajesh (Contractor) son of Kartar Singh (Fauji) r/o Narajana road, Rajiv Colony, Gali no.2, near Jai Ma Bhandar-cum-Building Material Store, Samalkha, tehsil Samalkha, distt. Panipat.

                                                                                                …Respondents.

 

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Hemant Sharma Adv. for complainant.

           Sh. Baljit Khatri, Advocate for respondent no.1.

           Sh. Padam Ahlawat,Adv.for respondent no.2.

           Respondent no.3 ex-parte on 08.09.2016.

 

Before-    Nagender Singh-President.

          Prabha Wati-Member.

           J.L.Gupta-Member.

 

O R D E R

 

        Complainant has filed the present complaint against the respondents alleging therein that he has approached the respondents for the release of electricity connection.  The respondents no.2 and 3 assured to release the same.  They got deposited Rs.70,000/-  on 6.3.2013, but no receipt was issued to the complainant.  However, it was assured by the respondents no.2 and 3 that they will deposit the said amount as security with the department and they also assured that they will erect the line, poles, meter and transformer etc. at their own.   The respondents no.2 and 3 under the supervision of the respondent no.1 got installed the poles, wires, transformer and supplied electricity supply to the tubewell of the complainant, but they did not install any electricity meter and did not give any account number to the complainant.  The complainant requested the respondents several times in this regard, but of no use.  The complainant has moved an application to the higher authorities and SHO PS Sadar Sonepat against the respondents no.2 and 3, but no action has been taken against them.  Now the respondents instead of regularizing the electricity connection of the complainant, has threatened to disconnect the supply and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.       The respondents no.1 and 2 have appeared and have filed their separate written statement.

         The respondent no.1 in its written statement has submitted that as per report of JE Bhatgaon Sub Division, the complainant has not filed any application in the department.   The complainant has not deposited any amount with the respondent.  The connection of the complainant is unauthorized.  The respondent no.1 is competent to disconnect the unauthorized connection.  The complainant is not entitled for any relief as there is no deficiency in service of any kind on the part of the respondent no.1 and thus, prayed for the dismissal of the present complaint.

         The respondent no.2 in his written statement has submitted that he has nothing to do with the alleged dispute of the complainant with the respondent no.1 & 3.  He has denied the fact that the respondent no.2 and 3 ever assured to release the electricity connection or they got deposited any amount as alleged by the complainant.   There has never been any kind of transactions in between the complainant and respondent no.2. The respondent no.2 has no concern of any kind with the alleged dispute of the complainant with the other respondents. The complainant has not suffered any kind of harassment, humiliation or financial loss at the hands of the respondent no.2 and thus, prayed for the dismissal of the present complaint qua respondent no.2.

         Publication against respondent no.3 was issued in Jagat Kranti.  The publication against respondent no.3 was published on 2.9.2016 in newspaper Jagat Kranti for appearance of respondent no.3 before this Forum  on 8.9.2016.  But despite publication, the respondent no.3 has not appeared and the respondent no.3 was proceeded against ex-parte on 8.9.2016 on the basis of the publication.

3.       We have heard the arguments advanced by both the learned counsel for the parties at length.  All the documents have been perused very carefully and minutely.  

4.       After hearing both the learned counsel for the parties at length and after going through the entire relevant material available on the case file very carefully, we are of the view that there is deficiency in service on the part of the respondents.

         Copy of the FIR Annexure C-2 is placed on record by the complainant. The bare perusal of this document itself shows that criminal case has been registered by the police against the J.E. and contractor for their illegal act. It is proved that something wrong has happened in the department because many transformers were installed, poles & wires were erected after taking huge amount from the innocent farmers.  It proves that the farmers have paid money for their electricity connection and instruments which were required for the tubewell connection.

         Further we have perused the statement of Dilbagh Singh Dhilon JE Sub office UHBVN Bhatgaon Annexure C10 and in this statement, Dilbagh Singh Dhilon has stated that the checking was conducted at the spot and the checking report was also prepared at the spot.  He has also stated that the poles, wire, transformer and other equipments found installed on the connection of the consumers, belongs to the department.

         He has also stated that “Jo Samaan Store Se Jaari Kiya Jata Hai Wah Store Se Allocation Samaan Ki Shri Suresh Kumar Ahuja XEN Ki Permission Se Storekeeper Dwara JE Ke Hawale Kiya Jata Hai.”

         In our view, no item can be issued from the store of UHBVN until and unless some amount for the release of the item is deposited with the UHBVN.  There is a procedure for issuance of any item from the store of UHBVN and effective entry is also made for the release of any item and name of the person is also entered in the record to whom the said item is issued.  So, without deposit of any amount with the UHBVN, it is not possible to get installed the poles, wires, transformers etc. for the supply of electricity to the tubewell of the complainant.

         In the present case, from the statement of Shri Dilbagh Singh Dhilon JE of the UHBVN department, it is clearly established that the necessary approval for the release of equipments i.e. poles, wire, transformer etc. was granted to the officials of the respondents by Shri Suresh Kumar Ahuja XEN and that’s why, the poles, wires and transformer were erected and electricity supply to the tubewell of the complainant was provided.  Further it is proved that the respondents have received Rs.1,00,000/- from the complainant and they got installed the poles, wires, transformers and supplied the electricity supply to the tubewell of the complainant, but they did not install any electricity meter or any account number to the complainant.

          We also find no force in the contentions raised by the ld. Counsel for the respondents because one of the similar complaint bearing no.325 of 2015  titled as Arjan Dass Vs. UHBVN etc. was allowed by this Forum vide order dated 8.8.2016 and the following order was passed by this Forum:-

          “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 without demanding any amount from the complainant.”

          The respondent UHBVN filed First Appeal No.817 of 2016 titled as UHBVN Vs. Arjan Dass before the Hon’ble State Commission, Haryana, Panchkula and the same was decided vide order dated 06.01.2017 by the Hon’ble State Commission, Haryana, Panchkula and the following order was passed:-

          “There is no denying fact that the transformer was issued from the store of the UHBVNL.  The consumer/complaint cannot know as to whether the JE who is an official of the UHBVNL, was acting under the instructions or in violation of the instructions of his superiors.  The fact that JE got the transformer issued from the store of UHBVNL and got installed it on theh poles and connected the connection, is not disputed.  So, the complainant was not to be blamed for it.  Shri Sandeep Sikri, SDO who is present in person, confirmed the installation of transformer on poles in the fields of the complainant and even the connection being released, though he states that it is an unauthorized release of connection. Photograph with respect to erection of poles and installation of transfer has been placed on the file, which supports the case of the complainant.  Thus, on the basis of the evidence available on the record, the impugned order does not require any interference.  Hence, the appeal is dismissed being devoid of merits”.

         Thus, taking into consideration the order dated 06.01.2017 passed by the Hon’ble State Commission, Haryana, Panchkula as mentioned above, we hereby allow the present complaint with the direction to the respondents to regularize the electricity connection of the complainant without demanding any amount from the complainant.

         With these observations, findings and directions, the present complaint stands allowed.

         Certified copy of this order be provided to both the parties free of cost.

         File be consigned after due compliance.

 

 

(Prabha Wati) (JL Gupta)            (Nagender Singh)           

Member,DCDRF, Member, DCDRF           President, DCDRF

Sonepat.      Sonepat.                Sonepat.

 

Announced 15.02.2017