Haryana

Karnal

CC/407/2020

Raj Kumar - Complainant(s)

Versus

SDO (OP) UHBVNL - Opp.Party(s)

Sushma Kashyap

08 Apr 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                       Complaint No. 407 of 2020

                                                        Date of instt.07.10.2020

                                                        Date of Decision:08.04.2022

 

Raj Kumar age 56 years son of Kanhiya Lal, resident of village Padhana, Tehsil Nilokheri, District Karnal. Aadhar no.5099 0028 2043.

 

                                               …….Complainant.

                                              Versus

 

1.     SDO (OP) UHBVNL, Nilokheri, Tehsil Nilokheri, District Karnal.

2.     J.E. UHBVNL, Nilokheri Tehsil Nilokheri District Karnal.

3.     Angrej son of Man Singh, resident of village Padhana, Tehsil Nilokheri, District Karnal, employee of OP no.1 on DC rate.

4.     Amit son of Pali, resident of village Padhana, Tehsil Nilokheri, District Karnal, employee of OP no.1 on DC rate.

 

                                                                …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary….Member

 

 Argued by: Ms. Sushma Kashyap, counsel for complainant.

                    Shri Amit Munjal, counsel for opposite parties.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant is having an electricity connection bearing no.L22KJ362161 in his house, situated at village Padhana, Tehsil Nilokheri, District Karnal and paying the electricity consumption charges regularly. It is further averred that the meter of the complainant was showing excess reading and in this regard complainant informed the OPs so many times but OPs did not correct the meter knowingly and willfully, whereas two members of family of complainant were became Corona positive and the Government pasted the poster in from of house of complainant and during this period i.e. on 28.09.2020 two officials namely Amit and Angrej (OP no.3 and 4) came to the house of complainant and forcibly removed the meter of premises of complainant without information of complainant. Complainant had also paid all dues to the OPs on 30.09.2020 after selling his other plot and requested to continue the electricity of premises of complainant and installed the meter but despite receiving of all dues from the complainant, the OPs did not restore the electricity connection of complainant nor installed the meter to the premises of complainant. It is pertinent to mention here that the Government has issued the guidelines that if the person is suffering from the disease of Corona, the Government officials will help his family but OPs knowingly and willfully disconnected the connection of complainant with a intention to kill them because during this situation nobody of family cannot come out of house. The complainant visited the office of OPS several times and requested to continue the electricity of the premises of complainant but OPs did not bother the request of complainant and postponed the matter on one pretext or the other. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence complainant filed the present complaint.

2.             On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability; cause of action; locus standi; jurisdiction and concealment of true and material facts. On merits, it is pleaded that the complainant is regular defaulter in making payment of electricity charges for defaulting amount of Rs.23,131/-and due to which the electricity connection of the complainant was PDCO due to non-payment of electricity charges since 11.10.2019 and same was affected on 28.09.2020 and was endorsed in the CA-22 of the office of the OP no.1. After the PDCO of connection the complainant deposited the outstanding amount on 30.09.2020 and requested for restoration of connection. As per instruction of the Nigam, after the disconnection complainant has to apply for restoration of his connection by completing departmental required formalities but he did not bothered for same and remained adamant to get restored connection without completing formalities/applying for reconnection, due to this reason his connection could not be restored. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied by the OPs and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, affidavit of Sunil Kumar son of complainant Ex.CW2/A, copy of complaint to D.C. Karnal dated 02.10.2020 Ex.C1, payment of bill dated 30.09.2020 Ex.C2, report of Corona positive Ex.C3, copy of sale deed dated 29.09.2020  and closed the evidence on behalf of complainant on 30.07.2021 by suffering separate statement.

5.             On the other hand, learned counsel for OPs has tendered into evidence affidavit of Parvinder Kaushal SDO Ex.OP1/A, copy of ledger Ex.OP1 and closed the evidence on 12.01.2022 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of complaint, has vehemently argued that complainant is having an electricity connection bearing no.L22KJ362161 in his premises and paying the electricity consumption charges regularly. He further argued that the meter of the complainant was showing excess reading and in this regard complainant informed the OPs so many times but OPs did not correct the meter. He further argued that two members of family of complainant were became Corona positive and the Government pasted the poster in from of house of complainant and during this period i.e. on 28.09.2020 two officials namely Amit and Angrej (OP no.3 and 4) came to the house of complainant and forcibly removed the meter of premises of complainant without information of complainant. Complainant had also paid all dues to the OPs on 30.09.2020. Thereafter, complainant requested to the OPs to continue the electricity of premises of complainant and installed the meter but despite receiving of all dues from the complainant, the OPs did not restore the electricity connection of complainant nor installed the meter to the premises of complainant. He further argued that government has issued the guidelines that if the person is suffering from the disease of Corona, the Government officials will help his family but OPs knowingly and willfully disconnected the connection of complainant, while during this situation nobody of family cannot come out of house. The complainant visited the office of OPs several times and requested to continue the electricity of the premises of complainant but OPs did not bother the request of complainant and postponed the matter on one pretext or the other.

8.             Learned counsel for OPs, while reiterating the contents of written version, has vehemently argued that the complainant is regular defaulter in making payment of electricity charges for defaulting amount of Rs.23,131/-and due to which the electricity connection of the complainant was PDCO due to non-payment of electricity charges since 11.10.2019 and same was affected on 28.09.2020. After the PDCO of connection the complainant deposited the outstanding amount on 30.09.2020 and requested for restoration of connection. As per instruction of the Nigam, after the disconnection complainant  is required to apply for restoration of his connection by completing departmental required formalities but he did not bothered for same and remained adamant to get restored connection without completing formalities/applying for reconnection, due to this reason his connection could not be restored.

9.             Admittedly, the electricity connection of the complainant was PDCO due to non-payment of the electricity charges. It is also admitted that complainant cleared all the dues and after that the OP has restored the electricity connection on the direction of this Commission, vide order dated 16.10.2020.

10.           Since, the grievances of the complainant have already been redressed by the OP. The complainant is enjoying the electricity connection after clearing all the dues since 2020. Hence, there is no deficiency in service on the part of the OP and complaint deserves to be dismissed.

11.           In view the above discussion, we found no merits in the complaint and the same is hereby dismissed with no order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:08.04.2022.

                                                                       

                                                        President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

 

 

                      (Vineet Kaushik)        (Dr. Rekha Chaudhary)      

                      Member                        Member