Haryana

Yamunanagar

CC/257/2014

Dushayant Kumar S/o Gurmej Singh - Complainant(s)

Versus

S.E.UHBVN Ltd. - Opp.Party(s)

J.S.Rana

13 Mar 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                                Complaint No…..257  of 2014.

                                                                                                Date of institution:… 5.6.2014.

                                                                                                Date of decision: 13.03.2105

Dushayant Kumar s/o Sh. Gurmej Singh r/o Village Khundewala, Dera Gobindpuriwala, P.O. Mussimble, Tehsil Jagadhri, District Yamuna Nagar. 

 

                                                                                                                     …Complainant.

                                    Versus

 

1. Superintending Engineer, Operation Circle, UHBVNL, Yamuna Nagar.
2. UHBVNL Sub Division Jagadhri through SDO “OP” Jagadhri, Distt. Yamuna Nagar.
3. Executive Engineer, ‘OP’ Jagadhri Division, UHBVNL, Yamuna Nagar.

  

                                                                                                                 …Opposite parties.

                        Complaint under section 12 of

                        the Consumer Protection Act.

 

CORAM:          SH. A.K.SARDANA PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. J.S.Rana, Advocate, counsel for complainant.   

              Sh. Zile Singh, Advocate, counsel for Ops.

 

ORDER

 

                        Complainant has filed the present complaint alleging therein that he   is residing at Dera Gobindpuriwala, which falls under the village Khundewala and approximately 10-12 houses are situated in the Dera of complainant and electric connections provided to the inhabitants of the Dera are from commercial electric line and not from the domestic electric line. The complainant alongwith the other inhabitants of the Dera applied for the separate domestic line to provide electric connections to the inhabitants of the Dera. Thereafter the OPs sanctioned a separate domestic line for Dera and site plan was  also prepared accordingly for installation of domestic electric line to Dera and as per demand by OPs,  the complainant alongwith other inhabitants also deposited a sum of Rs. 16,626/-  vide receipt No. 98 dated 7.10.2013 for installation of electric line i.e 5% of the total estimate as per the scheme of the department. Thereafter, OP No.1 vide its letter dated 21.11.2013 had approved the material for installation of electric line considering the letter dated 6.11.2013 written by OP No.3. After completion of all formalities, the department has issued the 26 poles, electric wire and other material to the complainant & other inhabitants of Dera, which are lying with the inhabitants at their aforesaid Dera. Thereafter, one Balkar Singh and Raman Kumar resident of village Kathwala filed civil suits against the OPs for permanent injunction in the court of Ms. Archna Kohli, C.J.(J.D.), Jagadhri which has been dismissed as withdrawn vide order dated 13.5.2014. It has been further contended by the complainant that the Hon’ble Court of C.J. (J.D.) Jagadhari never granted any interim stay to Raman Kumar and Balkar Singh against the OPs but the OPs intentionally and deliberately did not install the electric line and lingered on the matter under one pretext or the other. The complainant & other inhabitants requested a number of times to the OPs to install the electric line to the Dera as all the formalities have been completed and material has also been issued to the complainant and other inhabitants of Dera for installation of domestic electric line but the OPs did not perform their duties for installing the domestic electric line to Dera. Thereafter, the complainant visited to the office of OPs but they refused to install the separate electric line to the Dera under the garb of letter dated 17.4.2014 whereby the scheme in question has been suspended by the Nigam till further orders. It has been further stated that for installation of electric line to the Dera of complainant, material has been allocated prior to 17.4.2014 and thus the circular dated 17.4.2014 is not applicable in the case of complainant since it is a settled law that no any executive instructions like sale circulars are applicable with retrospective effect and thus the same is not binding upon the installation of the domestic electric line to the Dera of complainant & other inhabitants. The complainant has collected the material from the store of UHBVN, Near Sugar Mill, Yamuna Nagar in the month of November 2013 and since then the same is lying in the custody of the complainant & other inhabitants of Dera.  Hence, there is a great deficiency in service and negligence on the part of OPs and has, thus, prayed for issuing a direction to the respondents/OPs to install the domestic electric line to Dera Gobindpuriwala as per site plan and also to pay compensation for causing mental agony, harassment and financial loss to the complainant.

2.                     Upon notice, OPs appeared through counsel and filed written statement wherein it has been urged that the Nigam had launched the said scheme for providing electric connections to Deras from rural DS feeder by sharing the costs of estimate as per sale circular No. U-53/2013 bearing memo No. Ch-90/SS-403/125/Dera Dhanis/CGM/C-1 dated 28.10.2013 read with previous sale circular No. U-11/2013 dated 9.4.2013 but the said scheme has now been suspended vide sale circular No. U-06/2014. So, it is not possible for the OPs to provide alleged facility of rural DS feeder which is in contravention of Nigam orders. However, the estimate for providing electricity from rural DS feeder in the case of complainant was prepared and the same was considered and the complainant had deposited Rs. 16626/- on this account with the OPs in terms of sale circular No. U-53/2013. It is further submitted that the work could not be got executed as the scheme in question has been cancelled by the Nigam and prayed for dismissal of complaint with costs.

3.                     To prove his case, complainant has tendered his Affidavit as Annexure CX and documents as Annexures C-1 to C-15 and closed his evidence whereas on the other hand, counsel for the Ops have tendered affidavit of SDO, as Annexure RX and documents as Annexures R-1 & R-2 and closed their evidence.

4.                     We have heard the learned counsels for both the parties and have gone through the pleadings as well as documents placed on file.  Learned counsel for the OPs argued that previously the Chief General Manager/Commercial UHBVN, Panchkula issued sale circular No. U-53/2013 dated 28.10.2013 for connecting electrified Dhanis to the Rural Domestic Feeder after depositing 5% of the expenditure by the consumer which is clear from Annexure R-2 but lateron the said scheme has been suspended vide sale circular No. U-06/2014 dated 16.1.2014 as is clear from Annexure R-1 and the complainant filed the present complaint on 5.6.2014 after suspension of scheme of electrification to cluster of villages (Dhanis). Thus the complainant is not entitled to get the electric connection under the aforesaid scheme.

                        On the other hand, learned counsel for the complainant has urged that the OP No.2 got deposited Rs. 16626/- on 7.10.2013 from the complainant & other inhabitants of the Dera as 5% charges of the total expenditure for electrification of complainant’s Dera Dhani from Rural Domestic Feeder and OP No.1 had vide its letter dated 21.11.2013 approved the material for installation of electric line considering the letter dated 6.11.2013 written by OP No.3 under the scheme launched by the OPs and after completion of all the formalities, the OP department issued 26 poles, electric wires and other material to the complainant which are lying in the Dera but the OPs has not installed the electric line which is great deficiency in service and negligence on their parts.

                        After hearing both the parties and considering all the sale circulars placed on file, it is clear that the Chief General Manager/Commercial, UHBVNL, Panchkula has issued a Sales Circular No. U-11/2013 dated 9.4.2013 (Annexure C-15) to all the CEs(OP)/ SEs(OP)Xens/SDOs/OP, JEs-I, Incharge in UHBVN for connecting electrified Dhanis to the Rural Domestic Feeder subject to the condition that 5% of the expenditure will be borne by the consumer. In view of the aforesaid circular, the OPs prepared the rough site plan (Annexure C-5) and estimate (Annexure C-4) amounting to Rs. 2,82,330/- and thus got deposited Rs. 16626/- being 5% of the aforesaid estimated amount from the complainant & other inhabitants of Dera vide receipt No. 98 dated 7.10.2013 (Annexure C-1). On the deposition of requisite amount, the OP No.3 wrote a letter dated 18.11.2013 (Annexure C-2) to the Superintending Engineer (OP No.1) for providing material for electrification of Dera Gobindpuriwala Village Kathwala and thereafter the OP No.1 directed the SDO, Divisional Store, UHBVN, Yamuna Nagar to issue material to the OP No.2 to carry out the work at Dera of Gobindpuriwala village Kathwala as is clear from Annexure C-3. The complainant in para No.6 of his complaint has contended that the department had issued 26 poles, electric wires and other material to the complainant & other inhabitants of Dera for the said purpose but Sh. Balkar Singh & Raman Kumar both residents of village Kathwala filed a civil suit against the OPs for permanent injunction wherein though no any stay was granted by Civil Court qua electrification of Dera of complainant from Rural Domestic Feeder, inspite of that OPs failed to comply with the instructions of Department and did not electrified the Dera under the scheme intentionally and deliberately which is a grave deficiency in service on their part. Thereafter, the said civil suit has also been dismissed as withdrawn on 13.5.2014 but the OPs have not installed the said electrification line in the Dera of complainant as per scheme under the garb that the said scheme has been suspended/withdrawn by the Nigam on 17.4.2014 in compliance of sale circular No. U-6/2014 issued by Chief General Manager/ Commercial UHBVN Panchkula.

                        In our view, sale circular No. 6/2014 under the garb of which OPs are not connecting the electrification to the Dera of complainant from Rural Domestic Feeder is not applicable in the case of complainant as the OPs got deposited charges of said electrification from the complainant on 7.10.2013 and supplied the material accordingly in November 2013 i.e. much prior to the issuance of sale circular No. U-6/2014 dated 16.1.2014 (Annexure R-1) and it is a settled law that no any executive instructions like sale circulars are applicable with retrospective effect and thus we hold that the complainant & other inhabitants of Dera are legally entitled for electrification of their Dera( Dhanis) from Rural Domestic Feeder as per sale circular No. U-11/2013 dated 9.4.2013 (Annexure C-15) read with sale circular No. U-53/2013 dated 28.10.2013 (Annexure R-2). Furthermore, the OPs have not even bothered to return the aforesaid amount of Rs. 16626/- charged from the complainant & other inhabitants of the Dera in the year of 2013 and as such, OPs cannot evade now their liability from connecting electrification of the Dera of complainant to the Rural Domestic Feeder and thus they are admittedly deficient in providing proper services to the complainant & other inhabitants of the Dera.

                        Resultantly, we allow the complaint of the complainant and direct the Ops to comply with the following directions within 30 days from the communication of this order:-

1. To connect the electrification of the Dera (Dhanis) of complainant from Agriculture Power Feeder to Rural Domestic Feeder under the scheme launched by Nigam vide sale circular No. U-11/2013 dated 9.4.2013 read with sale circular No. U-53/2013 dated 28.10.2013 and further approved by OPs vide letters dated 18.11.2013 & 21.11.2013 ( Annexure C-2 & C-3) respectively.
2. To pay compensation to the tune of Rs. 5000/- on account of harassment & mental agony etc caused to the complainant.
3. To pay Rs. 5000/- to the complainant as costs of unwanted litigation including advocates fee.

 

                        The aforesaid directions must be complied with by the OPs within the stipulated period otherwise all the aforesaid awarded amounts shall fetch simple interest @ 12% per annum for the period of default. The complaint is decided accordingly in the above terms. 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:13.03.2015

                                                                                    (A.K.SARDANA )

                                                                                     PRESIDENT,

                                                                                     

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.