BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.345 of 2010
DATE OF INSTITUTION: - 5.5.2010
DATE OF ORDER: 22.03.2016
Panwar Kumar Anchal, House No.185, M.C. Colony, Rohtak Road, Bhiwani, tehsil and district Bhiwani.
……………Complainant.
VERSUS
- The Sub Divisional Officer-cum- A.G.M. (Customer Care), DHBVNL, Bhiwani.
- Executive Engineer-cum-D.G.M. DHBVNL, Bhiwani.
………….. Opposite Parties.
BEFORE :- Shri Rajesh Jindal, President
Smt. Ansuya Bishnoi, Member,
Present:- Shri Anil Kumar Sharma, Advocate for complainant.
Shri R.S. Sharma, Advocate for the respondents.
ORDER:-
Rajesh Jindal, President:
Brief facts of the present complaint are that the complainant is consumer qua respondents having electricity connection bearing No.B-11-MB1D-1607 and has been making payment of electricity charges regularly. It is alleged that the electric supply by the Ops fluctuated for the last two years and due to which the electric equipments damaged. The complainant further alleged that he made written complaint to the Ops on 23.12.2008, 05.03.2009, 14.10.2009 and 28.12.2009 but they did not pay any heed. The complainant further alleged that vide letter dated 3.3.2010 the Ops issued a letter stated that necessary estimate for installation of new transformer was sent to divisional office at Bhiwani. The complainant further alleged that on 10.3.2010 he made a complaint to DC. Bhiwani in the presence of Ops upon which they assured to rectify the problem. The complainant further alleged that till date the Ops have failed to rectify the problem and due to which the electric equipments have been damaged. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of respondents and as such he had to file the present complaint.
2. On notice, opposite parties appeared and filed written statement alleging therein that the grievance of the complainant was removed by the Ops by providing a new T/F in the month of June, 2010 for the locality. It is also alleged that there is a system for erecting lines or installing new T/F for any locality, which is depend upon so many factors like as load/line loss in the area. It is further alleged that when the complaint was received by the Ops they have installed a new T/F in the area for better distribution of supply. It is further alleged that the complainant himself negligent by not installing MCB/ Power controller in his house. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of Ops and as such, complaint of the complainant is hereby dismissed with costs.
3. In order to make out his case, the complainant has placed on record Annexure C1 Photostat copy of bill, Annexure C2 Photostat copy of letter dated 23.12.2008, Annexure C3 Photostat copy of letter on CD, Annexure C4 Photostat copy of letter dated 14.10.2009, Annexure C5 Photostat copy of letter dated 26.2.2010, Exhibit C-6 CD, Annexure C-7 Photostat copy of letter dated 26.02.2010, Annexure C8 Photostat copy of letter dated 10.3.2010, Annexure C9 to C15 Photostat copies of e-mail along with supporting affidavit.
4. In reply thereto, the opposite parties did not produce any evidence except affidavit.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties. Written arguments on behalf of complainant filed.
6. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the complainant wrote various letters Annexure C-2, Annexure C-4, Annexure C-5 and Annexure C-8 regarding the fluctuation in the electricity to the complainant. He further submitted that due to the fluctuation in the electricity supply, the household articles have been damaged. The complainant argued for the payment of compensation for the damage to the household articles.
7. Learned Counsel for the Ops reiterated the contents of the reply. He submitted that after the receipt of the complaints from the complainant the opposite party has replaced the transformer with new one in the month of June, 2010. He referred the email Annexure C-9 sent by the complainant to the Ops regarding the satisfactory working of the replaced transformer which was sent by the complainant on 20.08.2010.
8. In the light of the pleadings and arguments of the parties, we have examined the relevant material on record. In view of the email dated 20.08.2010 sent by the complainant to the Ops the grievances of the complainant regarding the fluctuated electric supply seems to be resolved. The complainant has claimed Rs. 60,000/- on account of damage to TV, Refrigerator and Microwave Oven etc. The complainant has not adduced any cogent evidence to prove his allegation regarding the loss of TV, Refrigerator and Microwave Oven etc. due to the fluctuation of voltage. No expert opinion of Electrical Engineer has been produced by the complainant in support of his contention to the loss of said articles due to the fluctuation of the electric supply. The complainant has also claimed compensation on account of mental agony and harassment. Taking into account the facts and circumstances of the case, it would be appropriate a lump sum compensation of Rs. 3,000/- be granted to the complainant. Resultantly, we partly allow the complaint of the complainant and award Rs. 3,000/- as compensation to the complainant against the Ops. The amount of compensation shall be adjusted by the Ops in the future bills of the complainant. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 22.03.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi),
Member.
