Haryana

StateCommission

A/875/2018

UHBVNL - Complainant(s)

Versus

SATISH - Opp.Party(s)

ALKA JOSHI

04 Jun 2024

ORDER

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

  Date of Institution:12.07.2018

                Date of final hearing: 20.05.2024

                                                Date of pronouncement: 04.06.2024

 

First Appeal No.875 of 2018

 

IN THE MATTER OF

 

Uttar Haryana Bijli Vitran Nigam Limited, through its S.D.O, Murthal, Sub-Division, Sonepat, Office at Opp. Sector-15, Rajiv Colony. Sonepat.

.….Appellant.

 

Through Counsel Ms. Alka Joshi, Advocate

 

Versus

 

1.    Satish son of Surat Singh, resident of Village Barwasani, Tehsil and Distt. Sonepat.

….Respondent No.1

Through counsel Shri R.P. Verma, Advocate

 

2.    Raj Kumar, ALM, UHBVNL Sub-Office Bhatgaon, Distt. Sonepat now at Village Barwasani, Tehsil and Distt. Sonepat.

….Respondent No.2

Through counsel Shri Lovish Arora, Advocate

 

3.    Rajesh Contractor, UHBVNL Sub-office, Bhatgaon son of Shri Kartar Singh (Fauji), resident of Narayana Road, Rajiv Colony, Gali No.2, near Jai Ma Bhandbar-cum-Building Material Store, Samalkha, Tehsil Samalkha, Distt. Panipat.

….Respondent No.3

Through counsel Shri S.S. Sidhu, Advocate

 

CORAM:   S.C. Kaushik, Member.

 

Present:-    Ms. Alka Joshi, counsel for the appellant.

                   Mr. R.P. Verma, counsel for respondent No.1.

                   Mr. Lovish Arora, counsel for respondent No.2.

                   Mr. S.S. Sidhu, counsel for respondent No.3.

 

O R D E R

S. C. KAUSHIK, MEMBER:

 

                   Present appeal is preferred against the order dated 08.05.2018 in Consumer Complaint No.358 of 2017, passed by learned District Consumer Disputes Redressal Forum, Sonepat (now ‘learned District Commission’), vide which complaint filed by the complainant-Shri Satish was allowed and opposite parties (‘OPs’) was directed as under:-

“…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. The respondents are further directed to install the equipment (whichever is short) for the purpose of regularizing the electricity tubewell connection in the premises of the complainant. With these observations, findings and directions, the present complaint stands allowed.”

 

2.                Brief facts of the complaint filed before learned District Commission are that the complainant approached the OPs for obtaining electricity connection and OPs No.2 & 3 assured him that the electricity connection will be released in his favour. It was alleged that on 10.05.2014, complainant deposited an amount of Rs.90,000/-  with the OPs, but they did not provide any receipt of the said amount to the complainant. Further, the OPs assured complainant that they will erect the line, poles, electricity meter etc. on their own. Thereafter, OPs No.2 & 3 under the supervision of the OP No.1 got installed electric poles, wires as well as put transformer in the field of the complainant and also provided electricity supply, but the OPs failed to provide the electricity meter. It was further alleged that the complainant also requested the OPs to install the electricity meter and to regularize the electricity connection, but of no use. Thus, there was deficiency in service on the part of OPs.

3.                Upon notice, OP No.3 failed to appear before learned District Commission despite publication and was proceeded against ex-parte. On the other hand, OPs No.1 & 2 have appeared before learned District Commission and filed their separate written statements. OP No.1 while submitting its written statement submitted therein that regarding the present matter, a criminal case of criminal breach of trust, cheating and dishonestly inducing delivery of property in FIR No.0360 dated 13.07.2015 under section 420/406 IPC with Police Station (‘P.S’) Sadar and another FIR No.115 dated 13.07.2015 under section 406/409/420/120B IPC with P.S Mohana, Distt. Sonepat has been registered against Jasbir Poonia, the then JE. It was submitted that neither any direction to release the electricity connection was given nor the required material i.e. poles, wires and jumpers etc. for electricity connection were issued by the OP No.1 to JE, Jasbir Poonia or Rajesh Contractor for installing the same in the premises of the complainant. It was further submitted that if any amount was given by the complainant to the OPs No.2 & 3 for tubewell connection, the OP No.1 has no concern with the same and no amount for the release of the items from the store of UHBVN Ltd. has been deposited by the complainant or any other person. It was further submitted that FIR No.0360 and 115 have been registered against Jasbir Poonia, JE and Rajesh Contractor. Moreover, the complainant was using the electricity directly without any electricity connection and he committed theft of electricity energy. Finally, it was submitted that there was no deficiency in service on the part of OP No.1 and prayed for dismissal of the complaint.

4.                On the other hand, OP No.2 in its written statement submitted that the complainant neither approached OP No.2 for the release of electricity connection nor any kind of assurance was given by the OP No.2 to the complainant. It was submitted that no amount was ever deposited by OP No.3 with OP No.2 in the month of April, 2014.  Finally, it was submitted that there was no deficiency in service on the part of OP No.2 and prayed for the dismissal of the complaint.

5.                After hearing the parties, learned District Commission allowed the complaint of complainant and issued directions as mentioned above in 1^st para (supra).

6.                Aggrieved from the impugned order passed by learned District Commission, OP No.1-appellant has preferred the present appeal for setting aside the impugned order dated 08.05.2018 by accepting the present appeal.

7.                The arguments have been advanced by Ms. Alka Joshi, learned counsel for the appellant, Mr. R.P. Verma, learned counsel for respondent No.1, Mr. Lovish Arora, learned counsel for respondent No.2 and Mr. S.S. Sidhu, learned counsel for respondent No.3. With their kind assistance, contents of the appeal has also been properly perused and examined.

8.                As per the version of respondent No.1 (complainant), appellant (OP No.1) and other OPs (respondents No.2 & 3 herein) received an amount of Rs.90,000/- from him on 10.05.2014 and under the supervision of present appellant, respondents No.2 & 3got erected the poles, wires and installed transformer in the fields of respondent No.1 (complainant), but they did not install any electricity meter and also did not provide any electricity account number to him. On the other hand, as per the version of appellant (OP No.1), neither any direction to release the electricity connection was given nor the required material i.e. poles, wires and jumpers etc. for electricity connection were issued by the appellant (OP No.1) to the then JE, namely Jasbir Poonia or Rajesh Contractor for installing the same in the premises of respondent No.1 (complainant). Further, as per the appellant if any amount was given by the respondent No.1 (complainant) to the respondents No.2 & 3 (OPs No.2 & 3) for tubewell connection, the appellant (OP No.1) has no concern with the same and no amount for the release of the items from the store of UHBVN Ltd. has been deposited by the respondent No.1 (complainant) or any other person.

9.                In this regard, it is pertinent to mention here that no item can be issued from the store of any other department until and unless some amount for the release of the item is deposited with the department. There is a procedure for issuance of any item and entry is also made for release of any item and name of the person is also entered in the record to whom the said item is issued. Moreover, perusal of Annexure C-10 (statement of Dilbagh Singh Dhilon, JE from the lower court record), clearly reveals, where he clearly stated that the checking was conducted at the spot and the checking report was also prepared at the spot. He further stated that the poles, wires, transformer and other equipment found installed on the connection of consumers, belongs to the department. He further clearly stated that “Jo samaan store se jaari kiya jata hai wah store se allocation samaan XEN ki permission se storekeeper dwara JE ke hawale kiya jata hai”. Meaning thereby, the transformer was installed in the fields of respondent No.1 (complainant) by the respondents No.2 & 3 (OPs No.1 & 2) under the supervision of appellant (OP No.1) and it is not possible that without depositing any amount with the UHBVNL, respondent No.1 (complainant) got installed the poles, wires, transformer etc. for the supply of electricity to his tubewell.

10.              In view of the above observations and discussion, learned District Commission rightly allowed the complaint of the complainant and issued directions to the present appellant to regularize the electricity connection of the respondent No.1 without demand of any amount. Thus the impugned order passed by learned District Commission is well reasoned, based on facts and as per law, and therefore, there is no need to interfere with it. In view of this, present appeal is without any merit and thus stands dismissed.

11.              A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.

12.                Application(s), pending, if any, stands disposed off in terms of the aforesaid order.

13.                File be consigned to record room alongwith a copy of this order.

 

Pronounced on 04^th June, 2024                                     S.C. Kaushik                                                                                                                        Member                                                                                                                                 Addl. Bench

 R.K