BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.
Complaint no.16/14.
Date of instt.: 10.01.2014.
Date of Decision: 04.01.2016.
Satbir Singh S/o Sh. Zile Singh, r/o Village Geong, Tehsil & Distt. Kaithal.
……….Complainant.
Versus
1. Sub Divisional Officer, Sub Division No.II, Uttari Haryana Bijli Vitran Nigam Ltd., Kaithal, Distt. Kaithal.
2. Uttari Haryana Bijli Vitran Nigam Ltd., Shakti Bhawan, Sector-6, Panchkula, through its Secretary.
3. M/s. Shri Sai International C/o H.No.462/11, Adarsh Nagar, Kaithal through its proprietor Sh. Manoj Kumar.
4. Naseeb Singh S/o Sh. Ram Chander, r/o Village Pabnawan, Tehsil and Distt. Kurukshetra.
5. Kejiwal Metal Industries-I, AT 5 K.M. Milestone, Bulanshahr Khurja, G.T.Road, Bulandshahr (U.P.)-203001 through its Authorized person.
6. Haryana Concerete Products Ltd., P.O. & Village Hazanpur, Tehsil Hansi, Distt. Hisar through its Authorized person.
7. Akal Electricals Pvt. Ltd., Regd. Office 2657, Gurdev Nagar, Ludhiana through its Authorized Person.
..……..Opposite Parties.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before: Sh. Jagmal Singh, President.
Sh. Rajbir Singh, Member.
Smt. Harisha Mehta, Member.
Present : Sh. Vikram Singh Multani, Advocate for complainant.
Sh. Manoj Ichhpilani, Advocate for the opposite parties.No.1 & 2.
Sh. Ashok Jaglan, Adv. for Op No.3.
Sh. R.S.Dhull, Adv. for Op No.4.
Ops No.5 to 7 already exparte.
ORDER
(RAJBIR SINGH, MEMBER).
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he is consumer of Ops vide electricity connection No.X45PS-1896. It is alleged that in the year 2009, the Ops No.1 & 2 offered/brought a self scheme of installing exclusive transformer at own expenses for which the complainant duly approached the Ops No.1 & 2 and the Ops No.1 & 2 asked the complainant to approach the Op No.3, who is the authorized contractor of Ops No.1 & 2 department. It is further alleged that following the advice, the complainant approached the Op No.3, who not only purchased all the requisite material and completed the requisite departmental formalities but also got installed the newly purchased transformer in the fields of complainant through his Thekadar i.e. Op No.4 and duly charged Rs.1,50,000/- from the complainant. It is further alleged that the Ops took responsibility of all kinds of defects, services or otherwise problems if accrued in the transformer for the next six years from the date of installation of the transformer. It is further alleged that in the month of September, 2013 the said installed transformer in the fields of complainant started giving problem and thereafter completely got out of order. It is further alleged that the complainant approached the office of Ops No.1 & 2, who advised the complainant to approach the Ops No.3 & 4. It is further alleged that following the advise, the complainant met with Ops No.3 & 4, who duly checked the transformer but they flatly refused to correct the transformer under warranty. This way, the Ops are deficient in service. Hence, this complaint is filed.
2. Upon notice, the opposite parties No.1 to 4 appeared before this forum and filed written statement separately, whereas Ops No.5 to 7 did not appear and were proceeded against exparte vide order dt. 20.10.2015. Ops No.1 & 2 filed joint written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; jurisdiction; that the complainant has concealed the true and material facts from this Forum. In fact, the complainant has obtained an electric tubewell connection under self execution scheme. Under this scheme, the complainant/consumer has to execute the work required for the release of connection. He has to provide the required material as per the Nigam specification and to get execute the work through licensed contractor of the Nigam. The consumer/complainant has to bear all the charges for installation and release of connection. He has to comply with all the directions/instructions issued by the Nigam from time to time for this purpose. As per sales circular No.14/2009, the complainant himself is responsible for the maintenance of the line and transformer for 72 months from the date of installation and 78 months from the date of purchase of transformer. There is no deficiency in service on the part of answering Ops. On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.
3. Op No.3 filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi and evasively denied all the facts mentioned in the complaint and so, prayed for dismissal of complaint.
4. Op No.4 also filed the written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; non-joinder and mis-joinder of necessary parties; that the complainant has concealed the true and material facts from this Forum. The true facts are that the answering Op has no concern with the complainant. As the Op No.3 has not purchased the transformer from the answering Op as alleged. So, there is no responsibility of answering Op for correcting/replacing the transformer. The allegation is false, frivolous, baseless and malafide.
5. In support of his case, the complainant tendered in evidence affidavit Ex.CW1/A and documents Ex.C1 to Ex.C17 and closed evidence on 06.12.2015. On the other hand, the Op No.4 tendered in evidence affidavit Ex.RW4/A and closed evidence on 06.12.2015. Ops No.1 & 2 tendered in evidence affidavit Ex.RW1/A and documents Ex.R1 to Ex.R5 and closed evidence on 13.02.2015. Op No.3 tendered in evidence affidavit Ex.RW3/A and closed evidence on 18.02.2015.
6. We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by the parties.
7. Keeping in view the facts and circumstances of the case, we found that as per pleadings, in the year 2009, the Ops No.1 & 2 offered/brought a self scheme of installing exclusive transformer at own expenses for which the complainant duly approached the Ops No.1 & 2 and on the advice of Ops No.1 & 2, the complainant approached the Op No.3, who not only purchased all the requisite material and completed the requisite departmental formalities but also got installed the newly purchased transformer in the fields of complainant through his Thekadar i.e. Op No.4 and duly charged Rs.1,50,000/- from the complainant. In the month of September, 2013 the said transformer installed in the fields of complainant started giving problem and thereafter completely got out of order. The complainant wrote a letter dt. 30.10.2013 to S.D.O., U.H.B.V.N., Kaithal regarding change of transformer but the Ops did not do so. On the other hand, it is contended by Ops No.1 & 2 that as per sales circular No.14/2009, the complainant himself is responsible for the maintenance of the line and transformer for 72 months from the date of installation and 78 months from the date of purchase of transformer. It is also contended by Ops that this Forum has no jurisdiction to try the present complaint as the complainant purchased the transformer from Ludhiana.
8. In view of facts and circumstances of the case, the evidence available on the file and on appraisal of pleadings of both the parties, we found that in the sales circular Ex.R1, it is mentioned that “Upkeep and maintenance of the system beyond warranty period e.g. replacement of damaged D.T. after 78 months from the date of supply and 72 months from the date of installation shall be carried out by the Nigam i.e. the consumer is required to replace the damaged transformer within warranty period of 72/78 months and thereafter Nigam will replace the damaged transformer”. The another aspect of the case is that the complainant purchased the transformer from Akal Electricals Pvt. Ltd., Regd. Office 2657, Gurdev Nagar, Ludhiana. In view of the authority reported as Sonic Surgical Vs. NIC, 2010(1) CLT page 252, this forum at Kaithal has no jurisdiction because in the said authority, it has been observed by Hon’ble Supreme Court that Territorial jurisdiction-Insurance Claim-Cause of action-The fire admittedly broke out in the godown of the appellant at Ambala-The insurance policy was also taken at Ambala and the claim for compensation was also made at Ambala-Since no cause of action arose in Chandigarh, the State Consumer Redressal Commission, Chandigarh has no territorial jurisdiction-State Consumer Redressal Commission, Haryana alone will have jurisdiction to entertain the complaint-Do not see any reason to interfere with the impugned order of the National Commission. According to Section 11(2) of Consumer Protection Act, 1986, the Ops should, at the time of institution of complaint actually and voluntarily reside or carry on business or has a branch office in the jurisdiction of the Forum. Secondly, the cause of action should arise within the limit of this Forum. In the present case, neither the Ops actually and voluntarily resides or carries on business or has a branch office within the territorial jurisdiction of this Forum nor the complainant has pleaded that how the cause of action has arisen within the territorial jurisdiction of this Forum. No cause of action has arisen within the territorial jurisdiction of this Forum. Hence, the Distt. Forum at Kaithal did not have jurisdiction to deal with the complaint. So, the complaint filed by the complainant before this Forum does not lie.
9. Thus, in view of above discussion, we find no merit in the present complaint and we hereby dismiss the same with no order as to costs. A copy of this order be sent to both the parties free of costs. File be consigned to the record room after due compliance.
Announced.
Dt.04.01.2016.
(Jagmal Singh),
President.
(Harisha Mehta), (Rajbir Singh),
Member. Member.