Haryana

Kurukshetra

CC/255/2019

Ishwar Singh - Complainant(s)

Versus

SDO UHBVNL - Opp.Party(s)

Sharvan Malik

27 Sep 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Complaint Case No.255 of 2019.

Date of instt: 21.06.2019. 

                                                                      Date of Decision: 27.09.2019.

 

Ishwar Singh, aged about 50 years, s/o Shri Chadta Ram, resident at Dera, near village Sunehri Khalsa, Tehsil Thanesar, District Kurukshetra.

 

                                                                        ……..Complainant.

                                        Versus

 

1. Sub Divisional Officer, Operation, Sub Division, Uttar Haryana Bijli Vitran Nigam Ltd., Kirmach, District Kurukshetra.
2. Uttar Haryana Bijli Vitran Nigam Ltd., Sector-6, Shakti Bhawan, Panchkula, through its Managing Director.
3. Executive Engineer OP Division, UHBVNL, Kurukshetra, Tehsil Thanesar, District Kurukshetra.  

                        .……Opposite parties.

 

Complaint under Section 12 of the Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.

                   Ms. Neelam, Member.

                   Shri Sunil Mohan Trikha, Member.

 

Present:     Shri Sharwan Malik, Advocate for the complainant.

Shri S.C. Saini, Advocate for the opposite parties.

 

ORDER

                   This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Ishwar Singh against UHBVNL, the opposite parties.

2.            Brief facts of the present complaint are that the complainant is consumer of OPs having DS connection bearing Account No.K27KJ120377L situated at Dera, near village Sunheri Khalsa, Tehsil Thanesar, Distt. Kurukshetra. The OPs were supplying the electricity to the said connection from agriculture supply, which was not regular supply and he was facing great hardship due to stoppage of electricity supply as the supply was only for six hours. He had applied for shifting the supply of said connection from village electricity supplying line which provide 24 hours electricity to the OPs. The OP No.1 directed to him orally to deposit the necessary expenses for the said purpose, as such, he deposited Rs.18,477/- vide receipt No.232 dated 20.03.2019 with the OPs for the said purpose. The Ops assured that they will shift the supply immediately. On 25.05.2019, the JE of OP No.1 installed two polls for shifting the supply but on the night of 25.05.2019, at about 10:30 PM, some persons of nearby dera put out the said polls, who were armed with lathies and dandas and tractor and they broke two polls and they threatened to murder the complainant. He moved an application to the OP No.1 which was received on 27.05.2019 and FIR No.0236 dated 04.06.2019 u/s 3 of Prevention of Damage to Public Property Act and Sections 332, 353, 427 of IPC was lodged in PS KUK against Multan Singh etc. He had deposited the necessary amount for shifting the supply line with the OPs and the OPs are legally and duty bound to shift the said supply. The OP No.1 gave two polls for installation of the same and assured that the said polls will be installed immediately and supply will be shifted immediately but till today the OPs have not shifted the supply line from agriculture line to village line of the complainant. In the other nearby deras i.e. Ram Nath s/o Shiv Ram, Surjeet s/o Amar Singh, Ishwar Singh s/o Prem Singh, Ishwar Singh s/o Dila Ram, Dales s/o Hari Singh, Surjit Singh s/o Dalip Singh etc., the OPs have already supplied 24 hours electricity supply from the village line. By not shifting the supply of the complainant from village supply line, the OPs are deficient in services. Hence, this complaint.

3.             Upon notice, the Opposite Parties appeared and filed written statement raising certain preliminary objections regarding maintainability; locus-standi; cause of action and jurisdiction; complaint is bad for mis-joinder & non-joinder of necessary parties. It is further stated that the complainant has not come to this Hon’ble Forum with clean hands and concealed the material facts. The true and material facts are that JE Jasbir Ram employee of OPs installed polls for shifting the supply, but on the night Multan Singh etc. family members of the complainant broken the polls. Thereafter, OPs lodged a FIR No.236 dated 04.06.2019 in PS KUK against Multan Singh etc. u/s 3 of Prevention of Damage to Public Property Act. So, OPs duty bound connection is provided as per Nigam instruction. The OPs have done their level best to sort out the problem of the complainant as per instructions of the Nigam. On merits, the rest of the contents of the complaint are denied and prayed for dismissal of the complaint.  

4.             The complainant has tendered affidavit Ex.CW1/A alongwith documents Ex.C-1 to Ex.C-4 and closed his evidence. On the other hand, the opposite parties have tendered affidavit Ex.RW1/A document Ex. R1 and closed the evidence. However, it is pertinent to mention here that during the pendency of the case, applicant Ram Nath s/o Shri Shiv Nath has moved an application for impleading the applicant as necessary party in the present complaint as OP No.4, which was dismissed vide order dated 17.09.2019 by this Forum.

5.             We have heard learned counsel for the parties and have perused the case file carefully.

6.             From the pleadings and evidence of the case, it is clear that there is no dispute that the complainant is having a DS connection bearing Account No.K27KJ120377L situated at Dera, near village Sunheri Khalsa, Tehsil Thanesar, District Kurukshetra (Ex.C-1). There is also no dispute that the complainant had applied with the OPs for shifting the supply of his electricity connection from agriculture electricity supply to village electricity supplying line and in this regard, he deposited Rs.18,477/- vide receipt No.232 dated 20.03.2019 with the OPs Ex.C-2. The learned counsel for the complainant has argued that despite depositing the required fee and repeated requests, till today, the OPs have not shifted the electricity supply line of the complainant from agriculture electricity supply to village electricity supply and in this way, the OPs are deficient in services. On the other hand, the learned counsel for the OPs has contended that employee of OPs installed polls for shifting the supply, but on the night, Multan Singh etc. (family members of the complainant) broken the polls. In this regard, the OPs lodged the FIR against Multan Singh etc. bearing No.236 dated 04.06.2019 in PS KUK u/s 3 of Prevention of Damage to Public Property Act Ex.C-4. He further argued that the OPs have done their level best to sort out the problem of the complainant as per instructions of the Nigam, as such, there is no deficiency on their part. However, we do not find any substance in the said contention of the OPs, because, if Multan Singh etc. were creating hurdles in installing the polls for shifting the supply, then the OPs should have taken the help of police in this regard, but the OPs did not do so. Moreover, till today, they did not take any further action regarding shifting the electricity supply of the complainant after lodging the FIR against Multan Singh etc on 04.06.2019 and the complainant has left with no other option except to file the present complaint against the OPs, as such, we find modi-cum of merit in the submissions of learned counsel for the complainant. So, we are of the considered view that the OPs are deficient while rendering the services to the complainant.

7.             Thus, in view of above discussion, we allow the complaint and direct the OPs to shift the electricity supply line of the complainant from agriculture electricity supply to village electricity supply immediately, after taking the police help, if required. The OPs are also burdened to pay Rs.3,000/- as lump-sum compensation to the complainant on account of harassment, mental agony and cost of litigation charges. The OPs are further directed to comply with the aforesaid directions jointly and severally within the period of 30 days from the date of communication of this order, failing which, the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act, against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

Announced in open Forum:

Dt.:27.09.2019.  

                                                                        (Neelam Kashyap)

                                                                        President.

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.