Chandigarh

DF-II

CC/407/2022

Pushpendra Kumar - Complainant(s)

Versus

The Sub Divisional Officer, Dakshin Haryana Bijli Vitran Nigam - Opp.Party(s)

In Person

25 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	407/2022
Date of Institution	:	06.05.2022
Date of Decision	:	25.09.2023

 

                     

            

 

Pushpendra Kumar s/o Angad Dev s/o Sh.Ram Sharan r/o # 54, First Floor, Bank Colony, Manimajra, Chandigarh -160101.

                 ...  Complainant.

Versus

 

1.  SDO, Dakshin Haryana Bijli Vitran Nigam Ltd., Koslion (Rewari)-123302

 

2.  Managing Director, Dakshin Haryana Bijli Vitran Nigam Ltd., Shakti Bhawan, Sector6, Panchkula-134109

 

…. Opposite Parties

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI S.K.SARDANA	MEMBER
Present:-
	Complainant in person. None for the OPs.

   

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainant has filed the present complaint pleading therein that his father namely Sh.Ram Sharan applied for tubewell connection on 13.03.2015, received vide diary No.64218-AP with OP No.1 and deposited Rs.1,62,309/- as per their demands and fulfilled all the requisite formalities but no action has been taken in the matter from 13.03.2015 to 27.01.2019. He also purchased the motor and other items for the tubewell connection and guarantee thereof was also decreasing. Mr.Charan Singh, concerned JE of the OPs raised the objection that if the neighbor farmer Mr.Sukhiram, does not want to allow the pillars to be installed through the road, then he has to fill the estimated amounts afresh.  When no positive action has been taken then the complainant wrote letters dated 13.11.2021 and 03.12.2021 to the OPs and met the senior officers in this regard but nothing fruitful has been done by the OPs despite receipt of the requisite fees and completing the requisite formalities.      Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service, the complainant has filed the instant complaint praying that the erring officer(s) be punished in accordance with law and the OPs be directed to refund Rs 1,62,309/- along with interest from the date of its receipt till the date of payment as well as compensation for mental agony and physical harassment, litigation expenses etc.  
2.     After service of the notice upon the OPs, they appeared before this Commission and filed their written version and while admitting the factual matrix of the case has stated that there is no long pendency in providing tube well connections to the people of the State and the connections applied in the year 2015 have been provided tube well connections in the year 2021-22. It has also been stated that  the tubewell connection was provided in the name of Angad Dev, father of the complainant vide book No.1233 dated 15.06.2022 and the delay in installation of the connection was on account of the hindrance caused by the notorious elements and the neighbour of the complainant’s farm and not on behalf of the Nigam. The OPs have also moved the representation to the SHO against the persons who were causing delay in installation of the complainant’s tubewell connection.  However, no police help was provided and as such another representation dated 20.01.2022 was moved before the DC, Rewari to depute the Duty Magistrate to resolve the CM  complaint registered by the complainant, to provide police help.  The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, the OPs prayed for dismissal of the complaint.
3.     Parties filed their respective affidavits and documents in support of their case.
4.     We have heard the complainant in person and have gone through the documents on record.
5.     The main issue involved in the present complaint is that whether the complainant is a consumer qua the OPs or not?
6.     In order to find out answer to the above mentioned issue, it is important to take into consideration the following points of law, facts and circumstances of the present complaint.
7.     It is observed that the present complaint has been filed by the complainant namely Sh.Pushpendra Kumar who is son of the consumer namely Sh.Angad Dev s/o Shri Ram Sharan resident of Haryana of the OPs. As per the provisions of the Consumer Protection Act, 2019, the son of the consumer is not entitled to file the complaint unless he has been given an authority to do so by the consumer himself or he being a beneficiary consumer given approval by the consumer to that effect. Even in this case where the son (beneficiary consumer) has given authority to file the complaint there also he has to file the complaint in the name of the original consumer through his name as an authorized representative and not directly in his own name as the consumer. Moreover, neither the complainant has pleaded in the complaint that he is beneficiary consumer nor filed the approval of the Consumer namely Sh.Angad Dev s/o Shri Ram Sharan as required to be filed under the provisions of the Consumer Protection Act, 2019 for filing the complaint. It is also observed that neither the actual consumer namely Sh.Angad Dev son of Shri Ram Sharan nor the OPs is resident of Chandigarh or carrying out the business at Chandigarh. Further no cause of action arose at Chandigarh. Mere fact that the complainant, who is son of the consumer namely Sh.Angad Dev s/o Shri Ram Sharan, is resident of Chandigarh does not entitled him to file the present complaint at Chandigarh. So it is clear that neither the complainant is a consumer qua the OP as defined under the definition of consumer in the Consumer Protection Act, 2019 nor this Commission has got territorial jurisdiction to try and adjudicate upon the present complaint.
8.     Keeping view the facts and circumstances of the present case, the complaint stands dismissed. The Registry is directed to return the documents annexed with the complaint to the complainant, after retaining its certified copies.
9.     The pending application(s) if any, stands disposed of accordingly.
10.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 25/09/2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (S.K.SARDANA) MEMBER