Haryana

Ambala

CC/390/2021

Sohan Lal - Complainant(s)

Versus

SDO - Opp.Party(s)

Kiran Pal Chauhan

20 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case no. :    390 of 2021

                                                                      Date of Institution :     20.12.2021

                                                                      Date of decision     :     20.06.2022.

 

Sohan Lal aged about 29 years son of Shri Nar Singh, R/o Village Khera, Sub Tehsil Mullana, Tehsil Barara, District Ambala.                                                                                                                    ……. Complainant.

                                                Versus

1.       The Sub Divisional Officer, Operation Sub Division, UHBVNL, Kesri,         District Ambala.  

2.       XEN, Operation Division, UHBVNL, Cross Road No.12, Near Water Tank, Ambala Cantt.

          ….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.          

                            

Present:       Shri Kiran Pal Chauhan, Advocate, counsel for the complainant.

Shri Gurmit Singh Ahluwalia, Advocate, counsel for the OPs.

 

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To release the tubewell connection in the name of complainant in Khasra No.34//19/2 (6-4), situated at Village Khera, HB No.89, Sub Tehsil Mullana, District Ambala.  
2. To pay Rs.1,000/-, per day as damages from second week of December, 2021, till the date of installation the tube-well connection, as per Section 43 (3) of the Electricity Act, 2003.
3. To pay Rs.1,00,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
4. To pay Rs.22,000/-, as litigation expenses.
5. Any other relief which this Hon’ble Commission may deem fit. 

 

2.                Brief facts of the case are that complainant alongwith Sham Lal son of Shri Dhanpat and Babu Ram son of Shri Banarsi Ram and other co-sharers is the owner in possession of land, Khewat/Khatauni No.139/145, Khasra No.34//19/2 (6-4) situated at Village Khera, HB No.89, Sub Tehsil Mullana, District Ambala, as per Jamabandi for the year 2020-2021. Complainant is a co-sharer in the joint land bearing Khewat/Khatauni No.121 (110)/127, 128, comprising in Khasra Nos.13//20 (0-12), 21 (0-12), 33//8 (3-12), 34//13/2 (6-13), 39//7 (3-14), 13//12/1 (2-8), 20 (7-8), 21 (6-15), 33//8 (3-12), 34//11/2 (6-13), 34//19/2 (6-4), 39//7 (3-14), Khewat/Khatauni No.122 (110)/129, 130, 131, Khasra No.34//9 (8-0), 10 (8-0), 33//6 (8-0), 7 (8-0), 34//1 (8-0),   Khewat/Khatauni No.123 (110)/132, 133, Khasra Nos.52//1 (2-4), 2 (6-16), 9 (7-19), 12 (6-4), 19 (3-8), Khasra Nos.52//1 (4-12), 12 (1-16), 19 (0-5), Khewat/Khatauni No.124 (110)/134, 135, Khasra No.21//22 (8-0), 32//5 (8-0), 6 (8-0), 20//18 (8-0), 22 (8-0), 23 (8-0), 33//2 (8-0), 9 (8-0), situated at Mauza Khera, Hadbast No.89, Tehsil Barara, District Ambala, as per Jamabandi for the year 2015-2016;

                                      AND                                       

Land bearing Khewat/Khatauni No.135 (110)/136, comprising in Khasra Nos.92 (1-16), 15 (7-8), 13//11 (8-0), 48//21//1 (4-16), 52//10 (7-8), 13//11 (8-0), 48//21/1 (4-16), 52//10 (7-8), 11 (6-5), Khewat/Khatauni No.126 (110)/138, 139 Khasra Nos.21/23 (8-0), 32//15/1/2 (5-16), 33/5/2 (4-2), 34//2 (8-0), 20//16 (0-16), 17 (7-7), 19/1 (4-0), 24 (5-8), 33//1/1 (5-4), ½ (1-0),3/1 (4-0), 10/1 (1-0), 10/2 (5-4), 11/1 (1-13), 34//3 (8-0), 4 (5-16), 8(8-0), situated at Mauza Khera, Hadbast No.89, Tehsil Barara, District Ambala, as per Jamabandi for the year 2015-2016;

                                                AND

Land Bearing Khewat/Khatauni No.120 (110)/126, comprising in Khasra Nos.13//18 (8-0), 19 (8-0), 22 (7-7), 23 (7-7), 34//12/2 (6-13), situated at Mauza Khera, Hadbast No.89, Tehsil Barara, District Ambala, as per Jamabandi for the year 2015-2016;

                                                AND

Land bearing Khewat/Khatauni No.127 (111)/140, comprising in Khasra nos.14//5/2 (2-9), situated at Mauza Khera, Hadbast No.89, Tehsil Barara, District Ambala, as per Jamabandi for the year 2015-2016.

Partition of the said land amongst all their legal heirs was done during the life time of forefather of the complainant.

On 31.12.2015, vide application No.31663, complainant applied for tubewell electricity connection and on 01.04.2019, he deposited Rs.30,000/-, with the OP No.1 and completed all the requisite formalities to get the tubewell electricity connection in Khasra No.34//19/2 (6-4) as the said land is exclusively in his possession. Vide letter/Memo No.2040/CC dated 20.04.2021, OP No.1 informed the complainant that nothing is due against him and assured that tubewell electricity connection will be released very soon. OPs installed a Pole in Khasra No.34//19/2 and on the assurance of the OPs, complainant installed a tubewell in the said land and also purchased a motor for Rs.68,000/-. Despite installing Pole, OPs did not release the tubewell electricity connection in the said land. Complainant approached the OP No.1 and requested to release the tubewell electricity connection but it disclosed the complainant that his co-sharers namely Shyam Lal and Babu Ram have raised objection for the release of the tubewell electricity connection to him in the said land. Since, the land is in the joint name, therefore, complainant was asked to obtain the No Objection Certificate from the other co-sharers but complainant did not produce the same. As such, in the absence of No Objection Certificate, (NOC) tubewell electricity connection cannot be released in his favour.  Complainant told the OP No.1 that Tubewell electricity connection bearing A/c No.KA26/1086N old A/c No.B3-849 is standing in the name of Shyam Lal son of Shri Dhanpat and Tubewell electricity connection bearing A/c No.KA26/1019H & KA26/1076K is standing in the name of deceased Banarsi Dass son of Shri Layak Singh, on the joint land and requested to disconnect the same, but it did not pay any heed to his request. Complainant served a legal notice dated 20.05.2021, upon the OPs, to disconnect the aforesaid tubewell electricity connections standing in the name of Shyam Lal and Banrasi Dass (now deceased), installed in the joint land situated at Mauza Khera, Hadbast No.89, Sub Tehsil Mullana, Tehsil Barara Ditrict Ambala. Inspite of receipt of notice OPs neither disconnected the said connections nor replied the legal notice. Complainant visited the office of the OPs and requested to release the tubewell electricity connection in Khasra No.34//19/2 but they turned down his genuine request.  Hence, the present complaint.

3.                Upon notice, OPs appeared and filed written version raising preliminary objections with regard to maintainability, locus standi, cause of action, not come with clean hands and suppressed the material facts etc. On merits, it is stated that complainant and the co-sharers are the owner of the land.  It is a matter of record that complainant deposited Rs.30,000/- against the application serial No.31663 and issuance of letter bearing Memo No.2040//CC dated 20.04.2021 and installation of pole. Shyam Lal and Babu Ram submitted written objections, before the answering OPs that they are the co-sharer in the land in question and requested that tubewell electricity connection, may not be released in favour of the complainant. Since, complainant alongwith other co-sharers is the owner of the land, therefore,  he was directed to produce NOC of the other co-sharers but he did not produce the NOC of the co-sharers, which is mandatory as per rules and regulations of the Nigam, for release of tube well electricity connection, in the joint land. It is further stated that no loss has been caused to the complainant by the answering OPs. Rest of the allegations levelled by the complainant were denied and prayer has been made for dismissal of the present complaint filed by the complainant against them with costs.

4.                Complainant tendered his affidavit alongwith documents Annexure C-1 to C-8 and closed the evidence of the complainant. On the other hand, authorized representative for the OPs tendered documents Annexure OP-1 to Annexure OP-6 and closed the evidence of the OPs.

5.                We have heard learned counsel for the parties and have also gone through the record very carefully.

6.                The learned counsel for the complainant argued that complainant is the co-sharer in the joint land with the other co-sharer. For irrigation of his land complainant applied for tubewell electricity connection with the OP No.1 and deposited the requisite charges and completed all the formalities, for release of the tubewell electricity connection. But OPs refused to release the connection on the ground that other co-sharers of the land have made written objections with regard to release of tubewell electricity connection and asked the complainant to get the NOC from the other co-sharers whereas as per Section 43 (3) of the Electricity Act, 2003, OPs were bound to release the tubewell electricity connection from the date of receipt of the application.

7.                On the other hand, the learned counsel for the OPs has submitted that complainant filed an application for release of tubewell electricity connection but the same could not be released to him as the other co-sharers namely Shyam Lal and Babu Ram raised the objections for the said connection on the ground that the land whereupon tubewell electricity connection is to be released is joint khasra number and if the connection is released then they will suffer irreparable loss. Learned counsel for the OPs has submitted that as per the Revised Sales Manual Instructions No.1.1.5 issued vide letter No.3787/CS/UH/BOD (156.30) dated 05.06.2013, which reads as under:-

          In case of tube well connections, where ownership of land is in the joint names, the tubewell electricity connection may be released provided:-

a) the copy of Jambandi Girdawari indicates that the applicant is a joint owner.

b) the other owner (s) given affidavit that they have no objection if the tubewell connection is released in the name of applicant.

c) the applicant indemnifies the UHBVN against any legal complication/dispute arising out of the joint ownership.

d) the feeder incharge shall associate himself with the Patwari of the concerned area at the time of preparing the estimate and a certificate shall be taken from the Patwari that the applicant has shown correct Muraba/Kila number to the Feeder Manager to avoid any dispute at later stage.

          It is mandatory for the applicant to give an affidavit of other co-owners/co-sharers stating that they have no objection if the tubewell electricity connection is released in the name of the applicant. But the complainant failed to submit affidavit of the co-owners of the land, hence, tubewell electricity connection could not be released to him.

8.                From the copy of jamabandi Annexure C-1, it is clear that the complainant is co-owner in possession of the land alongwith Shyam Lal and Babu Ram and other co-sharers. Complainant applied for release of tubewell electricity connection in Khasra No.34//19/2 (6-4) on 31.12.2015 but the OPs did not release the electricity connection, because the other co-sharers of the land namely Shyam Lal and Babu Ram raised the objection regarding release of the tubewell electricity connection, to the complainant. As per Instructions No.1.1.5, the tube well connection cannot be released to the applicant if he/she is unable to submit affidavit/NOC of the other co-sharers of the land. Since, the complainant did not submit the affidavit/NOC of the other co-sharers of the land with the OPs, therefore, the tubewell electricity connection could not be released to the complainant. In this view of the matter, we hold that the complaint filed by the complainant is devoid of merits, consequently, we dismiss the same. The parties are left to bear their own costs. 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: 20.06.2022.

 

 

 

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

              Member                             Member                   President

 

 

Present:       Shri Kiran Pal Chauhan, Advocate, counsel for the complainant.

Shri Gurmit Singh Ahluwalia, Advocate, counsel for the OPs.

 

Vide our separate detailed order of even date, the present complaint has been dismissed. File be consigned to Record Room, after due compliance.

Announced on:20.06.2022.

 

 

 

 

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

              Member                         Member                       President