Haryana

Karnal

CC/568/2024

Bhushan - Complainant(s)

Versus

Sh. Shivam Bagri, Sub Divisional Officer UHBVNL - Opp.Party(s)

Akshat Sharma

25 Nov 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint.No.568 of 2024

                                                        Date of instt. 21.11.2024

                                                        Date of Decision: 25.11.2024

 

Bhushan son of late Shri Rameshwar Dass, resident of Gali No.2, Vikas Nagar, Saraswati Vihar, Kisan Dairy, Karnal.

         ...…Complainant

                                        Versus

Shri Shivam Bagri, Sub Divisional Officer (OP), UHBVN, Sub Division, Sector-6, Meerut Road, Karnal.

                                                                .....Opposite party.                                          

Complaint under Section 35 of Consumer Protection Act, 2019.

Before    Sh. Jaswant Singh………President. 

                Mrs.Neeru Agarwal…….Member

                Mrs.Sarvjeet Kaur..……… Member.

                       

Present:  Shri Akshat Sharma, counsel for the complainant.

               

                Complaint presented today. It be checked and registered.

2.             Brief facts of the complaint are that complainant is having electricity connection bearing A/c No.7268150985 which was running in the premises of complainant and since the day of installation of said connection, he has been regularly paying the electricity charges. Said house purchased by the complainant from Manoj Kumar by way of agreement to sell dated 14.10.2022.  It was settled that prior to 14.10.2022, the outstanding bill if any will be paid by Manoj Kumar. Complainant has paid his arrears from 14.10.2022 to 14.06.2024 vide demand draft No.571218 of Rs.49,764/- and thereafter, complainant is regularly paying the electricity bills. On 05.11.2024, officials of OP came to the house of complainant and in the absence of complainant, remove the electricity meter illegally and forcibly. Complainant approached the OP for installation of electricity connection then OP told that Manoj Kumar moved anapplication against the complainant for removing the meter. Complainant also sent a legal notice dated 07.11.2024 to the OP but OP did not bothr the same.  Due to negligence services of the OP, the complainant is being harassed mentally, physically and economically as despite notice, the OP did not pay any heed to the request of complainant. Hence, the present complaint.

3.             Arguments on the point of admissibility of complaint heard.

4.             Regarding query of pendency of any civil suit on the same cause of action, learned counsel for the complainant submitted that a civil suit is pending only qua the property where the electricity connection was installed and in both the cases the cause of actions are different. Hence, the present complaint is maintainable and prayed for issuance of notice to the OP.

5.             Admittedly, a civil suit is pending. The meter in question has been removed on the application moved by Manoj Kumar. The complainant has not arrayed the said Manoj Kumar as party to the present complaint. Moreover, the complainant has arrayed Shri Shivam Bagri, Sub Divisional Officer as party in the present complaint by name instead of impleading through concerned department.

6.             Since, the matter is already subjudice in the Civil Court at Karnal, therefore, the complainant is at liberty to approach before the Civil Court with regard to the grievances involved in the present complaint.

7.           Hence, in view the above discussion present complaint is not maintainable and deserves to be dismissed and same is hereby dismissed in limine. Parties concerned be communicated of the order accordingly and file be consigned to the record room.

Dated: 25.11.2024.          

     President,    

District Consumer Disputes

Redressal Commission,  Karnal.

(Neeru Agarwal)        (Sarvjeet Kaur) 

    Member                     Member