Haryana

Ambala

CC/362/2021

Brij Mohan - Complainant(s)

Versus

SDM - Opp.Party(s)

Akash Garg

02 Mar 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	362 of 2021
Date of Institution	:	02.12.2021
Date of decision	:	02.03.2023

 

Brij Mohan age about 60 years S/o Sh. Raj Kumar R/o # 80 Sawan Vihar, Kaula, Ambala City.

          ……. Complainant.

                                                Versus

1. Sub Divisional Officer, Operation sub Division, UHBVNL, Model Town Ambla City.
2. The Director (V & S), HVPN, Panchkula, Haryana.

….…. Opposite parties

Before:         Smt. Neena Sandhu, President.

                              Smt. Ruby Sharma, Member,

           Shri Vinod Kumar Sharma, Member.           

 

Present:        Shri Akash Garg, Advocate, counsel for the complainant.

                               Shri Gurmit Ahluwalia, Advocate, counsel for the OPs.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

A.  To install the electric poll in the locality of Complainant and also provide three phase electric supply to the premises of the complainant

B. To pay compensation of Rs.5,00,000/- along-with interest @ 12% per annum from the date of deposit of the prescribed fee by the complainant vide receipt no.QSM27812686096 dated 30-07-2019, for the mental agony and physical harassment suffered by the complainant.

C. To pay Rs.22,000/- as litigation expenses and Rs.5500/- cost of the notice dated 21-10-2021.

                                      OR

Grant any other relief which this Hon’ble Commission may deems fit.

2.             Brief facts of the case are that the complainant is having domestic electric connection No.1102620000/old no. A31MT582851 at his residence # 80 Sawan Vihar, Kaula, Ambala City. He was paying the electricity consumption charges regularly without any default. Due to scarcity of electric poles in the locality, there was low voltage and supply of the electricity was not proper due to which the complainant and his family were suffering lot of problems.  Due to problem in the supply of the electricity, the study of the children was also effected.  In the summer season it is difficult to live without electricity.  As per advice of official of OP No.1, vide application no. A31-719-226 Dated 30-07-2019 the complainant applied for extension of load of his above said electric connection. The application of complainant for extension of load was acknowledge by OP No.1 vide acknowledgement dated 30-07-2019 and payment of Rs.7375.00 has been received by the OPs with having receipt no.QSM27812686096 on 30-07- 2019. Thereafter on 1-08-2019 complainant and other people of locality moved an application to OP No.1 and requested to install the electric poles in the locality of complainant as the cables are lying on the roof of the house of the residents, which is very dangerous for human being, but no action was taken by OP No.1. Three phase meter was installed in the house of complainant but supply was coming in one phase only. The inspecting team of the OPs when visited/inspected the house of the complainant then inquired as to why he got installed the three phase meter in his house. The complainant visited the OP No.1, several times and requested for supply of electricity in all the three phases but to no avail.  The complainant had issued a legal notice dated 21-10-2021 through his counsel to the OPs but of no use.  Hence this complaint.
3.           Upon notice, the OPs appeared and filed written version and raised preliminary objections with regard to not come with clean hands and suppressed the material facts, cause of action, maintainability and jurisdiction etc. On merits, it has been stated that on the request of the complainant, the official of the OPs appointed Shri Vinod Kumar JE and Sunil Kumar JE who visted the spot and prepared the estimate for improvement of LD system of 200 KVA TF SOP to LD System/Ruby plastic near Military Gate, Ambala City under (OP) Sub Division Model Town, UHBVN, Ambala City vide MT-192/2021/2022 dated 03.12.2021. On the report of the concerned JE, the estimate had been framed to cover the cost of the material, trans. & labour charges etc and the total cost of this estimate was assessed as Rs.19,570/-. The work has already been completed as per the estimate and as such the present complaint of the complainant is infructuous. Furthermore, on the request of the complainant, the three phase meter was installed in his house. Rest of the averments of the complainant were denied by the OPs and prayed for dismissal of the present complaint with costs.
4.           Learned counsel for the complainant tendered affidavit of the complainant and affidavit of Shri Raspal Singh son of Shri Nazar Singh, R/o Sawan Vihar, Kanwla, Ambala City as Annexure CA and CB alongwith documents as Annexure C-1 to C-7 and closed the evidence on behalf of the complainant. Learned counsel for the OP tendered evidence by way of documents as Annexure D-1 to D-6 and closed the evidence on behalf of OPs.
5.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
6.           At the outset, the learned counsel for the OPs submitted that three phase meter has already been installed in the premises of the complainant, as such, there is no deficiency in providing service on the part of the OPs.
7.           To this effect, the learned counsel for the complainant submitted that complainant applied for extension of load in the year 2019, whereas, the OPs have  installed the three phase meter in his premises during the pendency of the complaint in the year 2022 but the supply is coming from one phase only.
8.           It is an admitted fact that the OPs installed the three phase meter in the premises of the complainant during the pendency of this complaint. However, the OPs were under obligation to provide proper supply of electricity to the premises of the complainant and also to install the three phase meter immediately on receipt of payment from the complainant but they failed to do so and acted only when the complainant has approached this Commission for redressal of his grievance. Had the OPs done their job well in time then complainant would not have required to enter into this unnecessary litigation. Facing with this situation, we are of the view that the complainant is definitely required to be compensated for the mental agony and physical harassment suffered by him for all the years from 2019 to 2022 and also for entering into this unnecessary litigation.
9.           In view of the aforesaid discussion, we hereby partly allow the present complaint and direct the OPs to pay lump-sum amount of Rs.8,000/-, as compensation for the mental agony and physical harassment suffered  by him for all the years from 2019 to 2022 and also for entering into this unnecessary litigation. OPs are further directed to comply with the aforesaid direction, within the period of 45 days from the date of receipt of the certified copy of this order. Certified Copy of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

Announced:- 02.03.2023

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President