Haryana

Yamunanagar

CC/270/2014

Ashok Kumar S/o Chanan Shah - Complainant(s)

Versus

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

Y.C.Tyagi

28 Mar 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                           Complaint No. 270 of 2014.

                                                                                           Date of institution:12.06.2014

                                                                                           Date of decision:28.03.2016.

Ashok Kumar aged 60 years son of Shri Chanan Shah, resident of H. No. 303, roop Nagar Colony, Jagadhri, District Yamuna Nagar.                                                                                                                                                                      …Complainant.

                                    Versus

 

S.D.O. Uttri Haryana Bijli Vitran Nigam Ltd. City Sub Division, Ist labour Colony, Jagadhri, Distt. Yamuna Nagar.                                                                                                                                                                                                                                                                                                                                                               …Respondent.

 

Before:             SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. Mam Chand Advocate, counsel for complainant.  

               Sh. Zile Singh, Advocate, counsel for respondent.                 

             

ORDER

 

1.                     Complainant Ashok Kumar has filed the present complaint under section 12 of the Consumer Protection Act. 1986.  

2.                     Brief facts of the complaint, as alleged by the complainant, are that complainant had applied for power connection bearing No. JS-163 to the respondent (hereinafter referred as OP) which was released in the premises of complainant. The said connection remained working from the year 1983 to 12.12.2012. The complainant paid all the bills to the OP and lastly made final payment of bill on dated 12.12.2012 vide receipt No. 125/56/0707. An amount of Rs. 4420/- was taken in installments from 1983 to 1997 and Rs. 6616/- was received on 29.01.2007 by the OP as security from the complainant. In this way total amount of Rs. 11036/- ( Rs. 4420/- + 6616) is still lying with the OP as security amount. The OP did not refund the security amount mentioned above besides repeated requests so the complainant had moved applications on 8.1.2014, 12.2.2014, 6.3.2014 and 2.4.2014 to the OP and also served a legal notice through his Advocate to refund the security amount but all in vain. Hence, there is a deficiency in service on the part of OP. Lastly prayed for directing the OPs to refund the security amount of Rs. 11036/- alongwith interest as per rule till final payment and further to pay compensation and litigation expenses.   

3.                     Upon notice OP appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable, no locus standi and on merit it has been submitted that a cheque bearing No. 849919 dated 21.7.2014 drawn at PNB amounting to Rs. 11016/- on account security amount has been prepared and the complainant was told to collect the same but the complainant has failed to collect the same from the office of OP despite memo No. 1349 dated 4.8.2013. The said cheque is produced before this Forum for ready reference and handing over to the complainant and lastly prayed that there is no deficiency in service on the part of Op and prayed for dismissal of complaint.

4.                     To prove the case, complainant tendered into evidence his affidavit as Annexure CW/A and documents such as Photo copy of Sales Circular No. U13/2006, U-37/2006, U46/2007, U84/2006, U-21/2008, U-13/2009, U-15/2010, U-09/2011, U-04/2012, U59/2013 and U-27/2014 as Annexure C-1 to C-11, Photo copy of legal notice as Annexure C-12, Photo copy of electricity bill as Annexure C-13 and closed his evidence.  

5.                     On the other hand, counsel for the OP tendered into evidence affidavit of Sh. Sohan Lal Goel, SDO, UHBVNL Jagadhri as Annexure RW/A and closed the evidence on behalf of OP.                 

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 carefully and minutely.

7.                     During the pendency of the case, OPs refunded the payment of security through cheque amount to Rs. 11016/- dated 21.7.2014 drawn on PNB on 20.8.2014 which is evident from the statement recorded separately on dated 20.8.2014. Now the only question remains that whether the complainant is entitled to get any interest on the security amount deposited by the complainant with the OP or not and if yes on what rate? Counsel for the complainant referred the sale circular bearing No. U13/2006, U-37/2006, U46/2007, U84/2006, U-21/2008, U-13/2009, U-15/2010, U-09/2011, U-04/2012, U59/2013 and U-27/2014 respectively as Annexure C-1 to C-11 and argued that complainant is entitled to get the interest of the amount of security as per these circular.

8.                     after going through the sale circulars Annexure C-1 to C-13, it is evident that there was a provision for granting interest at the rate of 3.5% per annum since 2005 to 2006, 2006 to 2007 Annexure C-1 and C-2 and thereafter the rate of interest was increased from 3.5% to 6% per annum which remains up till the year 2011-2912. As the electricity connection has presently disconnected and complainant has finally make the payment of his electricity connection on 12.12.2012 vide receipt No. 125/56/0707, so, the complainant was entitled to get the security amount in the year 2012, however, the OPs has refunded only principal amount of Rs. 11016/- on 20.8.2014 vide cheque No. 849919 dated 21.7.2014. It is not disputed that an amount of Rs. 11016/- has been refunded by the OP after filing the present complaint despite legal notice as well as letters sent by the complainant.  Further counsel for the OPs failed to convince this Forum that complainant is not entitled to get the interest on the amount of security deposited by the complainant whereas the sale circulars issued by the OPs itself made clear that consumers are entitled to get the interest on the amount of security deposited. So, as per sale circulars Annexure C-1 to C-9 for the relevant period i.e. up to the year 2011-2012, it is clear that the complainant is entitled to get interest on the amount of security from the OPs which has not been paid by the OPs which constitute deficiency in service on the part of the OPs. Hence, after going through the above noted facts and circumstances of the present case, we are of the considered view that the complainant is entitled to get the interest on the security amounts.

9.                     Resultantly, we partly allow the complaint of complainant and direct the OP to comply with the following directions within 30 days after communication of this order:

i)          To pay interest on the amount of Rs. 4420/- at the rate of 3.5% per annum w.e.f. 01.04.2005 to 31.03.2007 as per sale circular Annexure C-1 & C-2 and thereafter interest @ 6% per annum w.e.f. 1.4.2007 to till the actual payment i.e. 20.8.2014; and

ii)         To pay interest on the security amount of Rs. 6616/- which was deposited on 29.1.2007 at the rate of 6% per annum w.e.f. 29.01.2007 to till actual payment i.e. 20.8.2014 as per sale circular Annexure C-3 to C-9; and

ii)         Further to pay Rs. 1000/- as compensation for mental agony, harassment as well as Rs. 500/- as litigation expenses.

10.                   The aforesaid order be complied within stipulated period failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. 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 in open court.28.03.2016.

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

            (S.C.SHARMA )

             MEMBER.