DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1474/2014
D.No.__________________ Dated: _________________<
IN THE MATTER OF:
SH. RAM PYARE S/o SH. BABU RAM
R/o C-100 T-HUTS, BLOCK-C,
GP BLOCK JHUGGI, PITAM PURA, DELHI.… COMPLAINANT
Versus
TATA POWER DELHI DISTRIBUTION LTD.
(THROUGH ITS BUSINESS MANAGER)
HUDSON LINE, KINGSWAY CAMP,
DELHI-110009 … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 30.05.2014
Date of decision: 15.03.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant is residing in the said premises since last several years and the complainant has applied for new electricity connection in the said premises and as per settled
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provision OP has accepted the payment of Rs.400/- videreceiptno. 34105097468 dated 11.12.2006 for installation of the electric connection in the premises. The complainant further alleged that after receipt of the payment, OP failed to install the electricity connection for the reason best known to him and the same is totally illegal, arbitrary and against the law and it is the duty of OP to install the electricity after receipt of the payment from the complainant. Thereafter, despite repeated requests and reminder OP failed to consider the request and due to this reason the complainant has suffered a loss which cannot be compensated and the complainant accordingly alleged that there is deficiency in service and unfair trade practice on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to install the electric connection in the above said premises and to pay necessary compensation for causing inconvenience and harassment to the complainant as well as to his family members and has also sought litigation cost.
3. OP has been contesting the case of the complaint and filed written statement thereby submitting that prior to 2009 all JD consumers were given electricity through unmetered where only fixed amount was being charged from JD consumersand accordingly enclosed receipt/demand note was toward unmetered connection. OP further submitted that as per CRM record it reflects that the complainant
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was having unmetered connection vide no. K. no.34105097468 in his name for address Jhuggi No. C-100, JJ, Cluster, BLK-GP, Pitampura City, Delhi, Landmark Near NDPL office and he had used electricity through un-meter connection up till date 17.10.2011 i.e. dated of disconnection due to outstanding due. OP further submitted that as per the records the complainant had opted the option to install the meter under unmetered to meter connection drive on 12.08.2009 but he had refused to install the meter as and when official visited the site to install the meter.Moreover, if the complainant wants to install new meter/connection he has to fulfill all the required statutory formalities as mentioned under Regulation 15 & 16 of Electricity Act read with Sec.43 of Indian Electricity Act, 2003. OP further submitted that the complaint is not maintainable and is liable to be dismissed.
4. The complainant filed replication and denied the submissions of OP.
5. In order to prove his case the complainant filed his affidavit in evidence and has also filed written arguments. The complainant has also placed on record copy of duplicate of the bill dated 09.07.2011 issued by OP, copy of demand note no. 179532 dated 11.12.2006 of Rs.400/-, copy of letter dated nil sent by the complainant to OP for withdrawal of electricity bill for Rs.13,650/-, copies of bills dated 27.10.2009, 24.12.2009, 02.07.2010 & 17.11.2010 and copies of photocopy of ration card &aadhar card.
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6. On the other hand, on behalf of OP Sh. Vipin Biswas, Customer Service Manager, Distt. PPR filed his affidavit in evidence which is as per the case of OP taken in written statement. OP also filed written arguments. OP also filed copy of office order dated 16.01.2008 regarding commercial guidelines for metered connections in JJ Clusters, re-settlement colonies etc.
7. This forum has considered the case of the complainant as well as the OP in the light of evidence of the parties and documents placed on record by the parties and submissions of parties.From the evidence and documents placed on record by the parties it is revealed that unmetered electric connection was installed in the premises of the complainant for which the complainant was required to deposit fixed charges which the complainant has failed. It is also proved by OP that a notice of disconnection under Sec.66 of the Electricity Act was issued. The complainant has failed to prove and place on record any other receipt of deposit of electricity charges with OP after 11.12.2006. It is also proved by OP that on account of non-payment of electricity dues by the complainant electric connection was disconnected on 17.10.2011.The complainant has not disputed these facts. Thus, we are of opinion that the complainant has failed to prove his case by any cogent evidence. We find no merits in the complaint and the complaint is dismissed.
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8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 15thday of March, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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