Haryana

Ambala

CC/413/2017

Bhagwan Dass - Complainant(s)

Versus

SDO UHBVNL - Opp.Party(s)

Shakti Singh

01 Jun 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

       Complaint Case No. :    413 of 2017

       Date of Institution    :    22.11.2017

        Date of Decision      :    01.06.2018

 

Bhagwan Dass son of Shri Siri Ram resident of village Nagla Nanku, Sub Tehsil Shahzadpur District Ambala.

……Complainant.

Versus

 

1. The SDO, Operation, UHBVNL, Sub Division Shahzadpur, Shahzadpur, District Ambala.
2. Uttar Hayana Bijli Vitran Nigam, Vidyut Sadan, Sector 6, Panchkula through its Managing Director.
3. Balwinder Singh, ALM, UHBVNL, Shahzadpur.

                                                                                                        ..…Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act

 

CORAM:        SH. D.N. ARORA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.

                        MS.ANAMIKA GUPTA, MEMBER

                       

Present:          Sh.Shakti Singh, Advocate for complainant.

                        Sh.A.S.Mehra, Advocate for OPs.  

 

 

ORDER

 

                        In nutshell, brief facts of the complaint are that complainant has applied for domestic electricity connection on 20.07.2015 vide application No.36901 DS 1.0 KW and vide SCO No.79/2024 with OP No.1 and had deposited Rs.1516/- as security fee but the OPs had failed to issue the electricity connection till 04.10.2017 and during this span the complainant visited the OP No.1 but it put off the matter with one excuse or the other. The complainant also visited OP No.2 but till date no action or dictions were issued against Op No.1. In the month of August, 2016 the Op No.3 took Rs.5,000/- from the wife of the complainant on the pretext of releasing of electricity connection but even then the connection was not issued to him but on 25.08.2017 the OPs have sent a bill to the tune of Rs.8324/- for the period from 20.07.2015 to 02.08.2017 despite the fact that no electricity connection was issued to the complainant till date. The complainant had visited the OP No.1 number of times but it did not listen to his genuine request, therefore, the complainant got served legal notice upon OP No.1 but it accepted about applying of domestic connection only and wrongly and intentionally denied the other contents in the reply. The complainant has been visiting the OPs regularly and requested to issue his domestic connection as he has already furnished all the requisite documents but to no avail. The act and conduct of the Ops clearly amounts to deficiency in service. In evidence the complainant has tendered affidavits Annexure CA, Annexure CB, Annexure C1 to Annexure C12.

2.                     Upon notice, OPs appeared and filed joint reply to the complaint wherein it has been submitted that the complainant had applied for domestic electric connection on 20.07.2015 under in spot connection scheme of Nigam at village Nagla Nanku. Thereafter, Nigam had deputed ALM to check the connection site and framing the estimate necessary for releasing the connection but after visiting the site the ALM had reported that where the connection had been applied is defaulter of Rs.58532/- vide account No.NG23/888 which is disconnected permanently and as per instructions of Nigam new connection cannot be released if premises of applicant is defaulter.  Other allegations have been controverted and prayer for dismissal of the complaint has been made. In evidence, the OPs have tendered affidavit Annexure RA and documents Annexure R1 to Annexure R10.

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

4.                     It is not disputed that the complainant has applied for domestic connection for his premises i.e. situated in Abadi Deh of village Nagla  Nanki, Tehsil Naraian District Ambala on 20.07.2015 vide application No.36901 Annexure R1 and also deposited the security amount.  The ALM of the Nigam had visited the premises on 30.08.2017 and made a report that the place where the meter was to be installed is the same place from where a meter was removed which was in the name of Singh Ram. Said ALM in his letter Annexure RX4 mentioned that he had visited the place for verification in order to install new meter but during verification it came to knowledge that earlier a meter No.NS40 (New No.NG23-888) in the name of Singh Ram was installed and a sum of Rs.58532/- was due against said Singh Ram, therefore, the connection was disconnected and further new connection cannot be released without recovering the defaulting amount.  The complainant has denied that he has no concern with Singh Ram because he is residing in the house of Deep Chand brother of Singh Ram and Deep Chand was having separate house with separate electricity connection. In the present the complainant has failed to explain as to why both the places where the meter is to be installed and fromwhere the meter was removed for defaulting in making the payment by Singh Ram is same.  In this regard report of Sarpanch of the village Annexure C11 is crucial wherein he has mentioned Bhagwan Dass applicant is residing with his family in the house of his uncle Deep Chand  and there is no electricity connection in that house. On the other hand the OPs have tendered the certificate issued by Numberdar of the same village Annexure R9 wherein he has mentioned that connection No.NG23/888 was disconnected due to defaulting of making the payment from the house of Shri Ram and not from the house of Singh Ram and no person in the name of Singh Ram is residing in the village.  It is not disputed that the connection No.NG23/888 was in the name of Singh Ram and it remained in operation till 30.03.2016 and as per record produced by the OPs it had shown the consumed units as shown in ledger produced during the course of arguments.  

5.                     After going through the record available on the case file this Forum has presumed that Singh Ram and Ram Singh is one person  and the connection has been sought from the place from where the electricity connection was already disconnected in defaulting the payment of electricity and during verification made by the officials of the Nigam after receiving the application for releasing of new electricity connection it become crystal clear that the place it was the same premises from where the electricity connection was disconnected and as per the Norms of the Nigam new connection cannot be granted on the place from where the electricity connection was disconnected without receiving the defaulted amount. Undisputedly the provisions of Consumer Protection Act have been made in order to protect the rights of the consumer but it is a settled law that he who seeks equity must do equity with others. In the present case it appears that the complainant wants to obtain new connection under the garb of this complaint on the same place from where the meter was disconnected for committing default in making the payment without depositing any amount by concealing the material facts from this Forum which cannot be allowed.

6.                                 Keeping in view the above facts and circumstances we are of the view that the complainant has not approached to this Forum with clean hands, therefore, present complaint stands dismissed leaving the parties to bear their own costs. Copy of the order be sent to the parties concerned free of costs, as per rule. File be consigned to record room after due compliance.

 

ANNOUNCED ON: 01.06.2018                                               (D.N. ARORA)

                                 PRESIDENT                

 

 

(ANAMIKA GUPTA)                                               (PUSHPENDER KUMAR)

     MEMBER                                                             MEMBER