Haryana

Ambala

CC/243/2018

Smt Urmila Devi - Complainant(s)

Versus

SDO UHBVNL - Opp.Party(s)

Mewa Ram

12 Jun 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                                      Complaint case no.        :  243 of 2018

                                                          Date of Institution         :  01.8.2018

                                                          Date of decision    : 12.6.2019.

 

Smt. Urmila Devi w/o Sh. Dharamveer, r/o village Gola, Tehsil Barara, Ambala.

          ……. Complainant.

 

Sub-Division Officer ‘OP’, Sub Division, Uttar Haryana Bijli Vitran Nigam, Kesri, Distt. Ambala.

                                                               ….…. Opposite Party.

         

Before:        Ms. Neena Sandhu, President.

                   Ms. Ruby Sharma, Member,

Sh. Vinod Kumar Sharma, Member.         

                            

Present:       Shri Mewa Ram, Advocate, counsel for complainant.

Shri Sushil Kumar, Advocate, counsel for OP.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’), praying for issuance of following directions to them:-

1. To install domestic electric connection in the house
2. To pay Rs.50,000 /- as compensation for the mental  torture and harassment suffered by him.
3. To pay Rs.2200/- as litigation charges.
4.  

any other relief whichthis Hon’ble Forum may deemfit.

 

Brief facts of the case are that the complainant had applied online for domestic electric connection on 10.4.2018 vide application No.A13-418-65-10-4/2018/Kesri and paid the total demanded/requested fees. After completing all the formalities, the electric connection had not been granted to her. She is permanent resident of Patel Nagri, Jandli, Ambala City and had constructed her own house at village Gola after spending her hard earned money and applied for electric connection, but the same has not been granted to her. In these hard days of summer season, it is very difficult to live without electricity. She requested the OP many times, but the OP had not paid any heed to her genuine requests. This way, the OP is deficient in providing the service. Hence, the present complaint.

2.                Upon notice, OP appeared through counsel and filed written raising preliminary objections regarding maintainability; cause of action and locus-standi. It is further submitted that the complainant has suppressed the true and material facts from the learned Court; that as a matter of fact, a sum of Rs.35,268/- is outstanding as defaulting amount of the OP qua the premises, where the connection is sought; that the said amount is due in the name of Ram Pal s/o Shri Bishna Ram, who is father-in-law of the complainant and earlier the connection in the premises was in the name of Ram Pal s/o Bishna Ram bearing No.KS98-1542K; that this fact came into notice of the OP when the site was inspected for grant of connection by the officials of the Nigam; that afterwards in order to put undue influence upon the OP, the complainant had given an application to CM window, but on taking reply by the OP, the application was dismissed being found false; that the present complaint is liable to be dismissed and the connection to the complainant cannot be granted in absence of making defaulting amount to the OP as per rules of the Nigam and Notification of Govt. On merits, rest of the allegations levelled by the complainant is denied for lack of knowledge and prayer has been made for dismissal of the present complaint.

3.                To prove the version, the ld. counsel for the complainant tendered affidavit of the complainant as Annexure CW1/A along with documents as Annexure C-1 to C-5 and closed the evidence on behalf of the complainant. On the other hand, learned counsel for OP tendered affidavit of Shri S.K. Goel, SDO Operation Sub Division, UHBVNL, Kesri, Distt. Ambala as Annexure OP-A alongwith documents Annexure OP1 to OP6 and closed the evidence on behalf of the OP.

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

5.                Admittedly, the complainant applied for release of electricity connection for her newly constructed house. The ld. counsel for the OP vehemently argued that the electric connection to the complainant could not be released, because the premises for which she had applied for release of electricity connection, an amount of Rs.35,268/- is outstanding against the electric connection earlier issued/installed in the said premises, in the name of late Shri Ram pal s/o Shri Bishna Ram (who is father-in-law of the complainant). To this effect, the ld. counsel for the complainant has argued that the premises for which the complainant had applied for release of electric connection, is separate than that of her father-in-law. To prove this fact, the complainant produced certificate of Sarpanch and Numberdar, Gram Panchayat, village Gola, Distt. Ambala as Annexure C-4, stating therein that Smt. Urmila w/o Shri Dharamveer, is the resident of village Gola, Distt. Ambala. She has constructed a house at a separate place than that of her father-in-law namely late Shri Ram Pal s/o Bishna Ram and this house is situated within the lal dora. She has also produced agreement to sell Annexure C-5 to show that she has purchased the plot (bara) where she had constructed her house, from Shri Baldev Raj. Whereas, the OP has not produced any documentary evidence to prove its contention that the premises for which the complainant had applied for electric connection, is the same defaulting premises wherein an amount of Rs.35,268/- is outstanding in the name of her father-in-law late Shri Ram Pal. Thus, in the absence of any documentary evidence, the contention of the ld. counsel for the OP is not tenable. Facing with this situation, we are of the considered view that the OP by not releasing the electricity connection to the complainant, has committed deficiency in service and is thus, not only liable to release the electric connection in favour of the complainant, as applied for, but is also liable to compensate the complainant for the mental agony and physical harassment suffered by her alongwith litigation expenses.

6.                In view of the aforesaid discussion, we hereby allowed the present complaint against OP. It is directed in the following manner:-

1. To release the electric connection in favour of the complainant, as applied for.
2. To pay Rs.3,000/- as compensation to complainant for mental agony and physical harassment suffered by her.
3. To pay Rs.2,000/- as litigation expenses to the complainant.

 

7.                The OP is further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order. Certified copies 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.

Announced on :12.06.2019.

 

 

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

              Member                                  Member                      President