Haryana

Ambala

CC/263/2016

Gurnam Kaur - Complainant(s)

Versus

SDO UHBVN Ltd. - Opp.Party(s)

Rajbir Singh

23 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                           Complaint No.:263 of 2016.

                                                           Date of Instt.: 27.06.2016.

                                                           Date of Decision: 23.02.2018.

 

Gurnam Kaur daughter of Sh.Sawan Singh resident of village Nagla Nanku, Tehsil Naraingarh District Ambala.

                                                                             …Complainant.

                             Versus

 

1.S.D.O. Operation UHBVN Shahzadpur  Tehsil Naraingarh District Ambala.

2.Sunil Kumar now posted as SDO, UHBVN Shahazapur  Tehsil Naraingarh District Ambala.

                                                                             …Opposite Parties.

 

             Complaint U/s 12 of the Consumer Protection Act, 1986

 

CORAM:    SH. D.N. ARORA, PRESIDENT.

                   SH. PUSHPENDER KUMAR, MEMBER.                                                          MS.ANAMIKA GUPTA, MEMBER.

                                                         

Present:                Sh. Rajbir Singh, counsel for the complainant.

                             Sh. Vivek Sachdeav, counsel for the opposite parties.

 

ORDER

 

                             Briefly stated the facts of the present complaint are that complainant is having electricity connection bearing No.Y12NG231551F in her house and she has been making the payment of bills regularly. On 12.05.2016 OP No.2 visited the house of the complainant and removed the electricity meter without any cause and also disconnected the supply by misusing his official power. The complainant is facing hardship as the meter was removed in summer and the OPs also refused to receive written application. She visited XEN UHBVN, Naraingarh for taking action against the wrong doers but it retained the original bill/receipt/invoice. The complainant got served legal notice and also moved complaint dated 06.06.2016 to the Ministers  followed by another complaint dated 14.06.2016 for reinstallation of the meter but to no avail. The act and conduct of the OPs clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered affidavit Annexure CX and documents Annexure C1 to Annexure C8.

2.                          On notice OPs appeared and filed their joint reply wherein preliminary objections such as cause of action, locus standi and concealment of material facts etc. have been taken. On the application of the complainant electricity connection was given at the spot under Jagmag Yojna Scheme and the connection was orally verified. On 01.04.2016 one Gurpreet Singh gave an application that the connection is in the name complainant belongs to him and requested for disconnection of the same, therefore, the connection was disconnected on 02.05.2016 but the connection was restored on 26.05.2016 on the application givenby  Sarpacnh. The OPs have not harassed the complainant and there is no deficiency in service on the part of OPs and the complainant has not suffered mental pain and agony. Other contentions have been controverted and prayer for dismissal of the complaint has been made. In evidence, the OPs have tendered affidavit Annexure RX and documents Annexure R1 to Annexure R14.

3.                          We have heard learned counsel for the parties and gone through the case file carefully.

4.                          It is not disputed that the electricity connection was released to the complainant under Jagmag Yojna Scheme and as per version of the OPs the connection was orally verified. The grouse of the complainant is that her electricity connection was disconnected and the meter was also removed from the spot illegally without any reason and even without issuance of prior notice. The OPs in their reply have admitted that the electricity connection of the complainant was disconnected on 02.05.2016 on the written application dated 01.04.2016 of one Gurpreet Singh supported with an affidavit duly verified by Sarpanch of village. It is further admitted that the connection was restored on 26.05.2016 on the application of Sarpanch.  It is strange that the OPs have firstly released the connection and thereafter get the same disconnected on the application given by one Gurpreet Singh and thereafter restored the same on the application of Sarpanch.  Duly signed by the complainant as Annexure C-3. It is worthwhile to mention here that the OPs are government institute and work for the betterment of public but the act and conduct of the Ops shows that they are neither following the rules and regulations nor taking care the interest of the customer. Moreover, it appears that the Nigam is being run by the persons who are not their officers/officials because  perusal of the para No.1 of preliminary objections reveals that the electricity connection was disconnected after furnishing of affidavit by one Gurpreet Singh verified by Sarpanch and further the connection was restored on the application of the Sarpanch. There is no doubt that the most important invention is electricity, which we depend on in the current modern time. The people’s social life almost stops in power outages and this is an indicator of how much electricity is important in our lives. It was for the Ops to provide harassment free electricity supply being a responsible institute which has been meant for the betterment of the society and public at large but it the act and conduct of the Ops clearly shows they in this way or that way are bent upon to harass and humiliate the complainant forcing her to knock at the door of this Forum without her fault because she kept on moving applications to the Nigam on 15.05.2016 as well as the Minister of Haryana State dated on 06.06.2016 as per endorsement/recommendation made by concerned Minister on dated 06.06.2016, therefore, the version of OPs regarding releasing the electricity connection on 26.05.2016 is not believable rather it appears that it has been written just to save the skin of the erring officer/officials as well as to fill the lacunae of the case and to misguide this Forum which clearly established that the electricity connection was restored after 06.06.2016 and not on 26.05.2016.  Moreover, the electricity connection has been released under the Jagmag Scheme Yojna launched by the State Government for uplifting the poor people in the society and the inaction of the part of the OPs questioning the success of the scheme and even miscarriage of the advantage of the scheme to be provided to the public at large. The Ops have not explained on the case file that as to why on the asking of a third person the electricity connection of the complainant was disconnected and meter was removed despite the fact that she has specifically pleaded she is residing in her ancestral house since long. Moreover, mandatory prior notice was never given to the complainant before disconnecting the electricity connection and removing of meter. It is also not the ground of the OPs that the complainant was not making the electricity bills regularly. The act and conduct of the Ops towards the complainant who has been forced to knock at the door of this Forum is depreciable. The complainant has been able to prove her case by leading cogent and reliable evidence that she has faced mental agony and harassment due to the act and conduct of the OPs, therefore, the present complaint deserves acceptance.

5.                          Keeping in view the facts and circumstances of the case as well as the above discussion we allow the present complaint with cost which is assessed at Rs.5,000/-. Besides this we also assessed Rs.25,000/- as compensation on account of harassment, mental agony etc. suffered by her due to inaction on the part of the Ops. It is made clear that the amount total amount of Rs.30,000/- be recovered from the erring official/ officers after holding an enquiry by the Superintending Engineer, Ambala Cantt. within one month after receiving the copy of order with  a direction to Superintending Engineer Ambala Cantt. to send the compliance report to this Forum. Copy of this order be sent to the parties free of costs as per rules. Assistant is further directed to send separate copy of this order to Superintending Engineer, Ambala Cantt. for necessary compliance. Order be complied with within one month. File be consigned to the record room after due compliance.             

 

ANNOUNCED ON: 23.02.2018                                        

                           

 

 

(PUSHPENDER KUMAR)     (ANAMIKA GUPTA)   (D.N.ARORA)

              MEMBER                         MEMBER                   PRESIDENT