Delhi

North

CC/5/2021

RANVIR SINGH - Complainant(s)

Versus

TPDDL - Opp.Party(s)

RAJIV R. KUMAR

15 Jan 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No. 05/2021

In the matter of

Sh. Ranvir Singh

R/o Plot No. 7, Kh. No. 276/175,

1^st Floor, Gali No, 1-A,

Village Wazirabad, Delhi-110007.

Also At:

Assistant Section Officer

Aided School Branch, Directorate of Education

GNCT of Delhi, Old Secretariat, Delhi-54.                                            ...Complainant

Versus

Tata Power Delhi Distribution Ltd.

Through its Executive Officers,

Hudson Lane, Delhi-09                                                                      …Opposite Party 1

 

The Secretary (Power)

Power Department, Govt. of NCT of Delhi,

Delhi Secretariat, New Delhi                                                                .… Opposite Party 2

ORDER
15/01/2024

Harpreet Kaur Charya, Member

1. The present complaint has been filed by Sh. Ranvir Singh, the complainant against the Tata Power Delhi Distribution Ltd. as OP-1 and the Secretary (Power) Power Department, as OP-2 with the allegations of deficiency in service, unfair trade practice and malpractice.
2. The brief background necessary for the disposal of the present complaint are that the complainant, working as ASO/Gr.II Dass in Directorate of Education, GNCT of Delhi, Old Secretariat. The complainant was allotted a Type-II accommodation flat bearing no. B-573, Delhi Administration flats, Timarpur, Delhi-110054 in the January 2004, where he started residing with his family including his wife Smt. Sarla Rani and two major working children one son aged 28 years and one daughter aged 26 years.
3. Due to some matrimonial dispute, the wife of the complainant namely    Smt. Sarla Rani filed maintenance case against the complainant in the month of March 2018, where the complainant was directed to pay maintenance of   Rs. 18,000/- per month vide order dated 10/09/2018 in MC No. 18/2018 by Ld. Family Court, Central District, Tis Hazari, Delhi.
4. As per the complaint, on the intervening night of 24^th / 25^th august 2018, the complainant was beaten by his wife and children and on subsequent incident; the complainant was thrown out of his residence, therefore  had to shift to rented accommodation where he has been paying a rent of Rs. 7,000/- per month. The complainant has stated that 24% HRA (Rs. 13,000/- approx) is being deducted per month from his salary despite, the fact that he is paying maintenance of Rs. 18,000/- per month to his wife and his children. He has stated that he has suffered a financial loss of Rs. 2,99,542/- from Feb 2019 to Dec 2020 towards deduction of HRA and rent for staying in another property.
5. It has further been stated by the complainant that on 19/01/2019, 18/04/2019 and 03/05/2019 he requested the OP for disconnection of the electricity connection bearing CA No. 60002251886, however, no action was taken. On 01/09/2020, the complainant requested The ‘Secretary (Power)’ for disconnection; as the government accommodation can  be surrendered, only after getting the No Dues Certificate from TPDDL after disconnection of the electricity connection. It has been alleged that a false report dated 03/09/2020 was filed stating that the two attempts were made for disconnection.
6. Feeling aggrieved by the omission on the part of OP, the complainant has prayed for :

1. Directions to OP to disconnect the electricity connection CA No. 60002251886 installed at government accommodation no. B-573 Delhi Administration flats, Timarpur, Delhi-110054 and issue No Due Certificate to enable the complainant to surrender the same to the Government.
2. Direct OP to pay an amount of Rs. 2,99,542/- and further deductions.
3. Direct OP to pay interest @ 18% p.a.
4. Pay a compensation of Rs. 2,00,000/- on account of harassment mental agony and suffering and
5. Pay Rs. 11,000/- as litigation expenses.

7. The complainant has annexed copy of the order dated 10/09/2018 passed by Hon’ble Family Court, Central District, Tis Hazari, Delhi and pay slip as Annexure A; copies of rent agreements as Annexure B; copy of order dated 07/09/2019 passed by Hon’ble Family Court, Central District, Tis Hazari as Annexure C; statement of loan account of ICICI Bank as Annexure D. Request letters to TPDDL and copies of communications received from TPDDL are Annexure E and Annexure-F respectively; request letter to Power Department and its reply dated 04/09/2020 are Annexure G and Annexure H; request letter to Public Grievance Commission, order passed by Public Grievance Commission and calculation sheet for deduction of HRA, licence fees and water charges are Annexure-I to Annexure-K.
8. Notice of the present complaint was served upon OPs.
9. Written Statement was filed on behalf of OP-1. It is admitted that as per record the complainant is a consumer of OP-1 against CA no 60002251886 having supply address as flat no. 573, staff Block C, Delhi Administration Flats, Timarpur, Delhi-110054, having sanctioned load of 2 KW for DL tariff category. It has been submitted that the unauthorised/ illegal possession by the family members of the complainant is a dispute between Delhi Administration and complainant. OP-1 is only concerned with the request of disconnection and removal of meter by the complainant which was duly processed, but, the same could not be effected due to resistance/ refusal at site, which was duly intimated to the complainant through various letters.
10. The complainant had applied for meter removal thrice vide notification as follows:

	2019425973	19/01/2019
	​2020472420	18/04/2019
	20244315953	07/09/2020

11. However, the meter could not be removed due to the resistance at the site and the refusal which was informed to the complainant vide letters dated 09/05/2019, 16/05/2019 and 04/09/2020. They have further submitted that as per DERC (Supply Code and Performance Standards) Regulations, 2017 Clause 23: The safe custody of the meter and other equipment of the Licensee: - (1) It shall be the responsibility of the consumer to keep the meter installed within its premises in safe custody. As per Clause 29(14), it is the responsibility of the consumer to keep the meter installed within its premises in safe custody.
12. OP-1 has submitted that first the complainant has to get the possession of the premises belonging to him and to keep the meter under the safe custody, so that, as and when he desires to surrender the same, OP-1 through its authorised representative is able to remove it. The Public Grievance Commission had disposed of the complaint of the complainant vide order dated 11/11/2020 declaring that the grievance of the complainant is private in nature and does not come under their jurisdiction.
13. No Due Certificate cannot be issued without disconnection. Removal of meter and final bill cannot be raised due to the resistance faced by OP-1 at the site. The allegations of deficiency in services and unfair trade practice have been denied on the ground that uninterrupted supply is being provided to the complainant since the date of energisation i.e. 20/04/2002.
14. They have annexed the copy of the bill of supply as Annexure A (Colly.), a letter dated 09/05/2019 as Annexure-B.
15. OP-2 also filed Written Statement upon service of notice. They have stated that with enactment of Delhi Electricity Reform Act, 2000. The rights, liability and obligation of the erstwhile DVB, the same were transferred to its successor entities on 01/07/2002 as per rule file of Delhi Electricity Reform (Transfer Scheme) Rules, 2001 and in this particular case to Tata Power Delhi Distribution Limited (TPDDL), thus, the operational control and day to day supervision and maintenance is being done by TPDDL, so Delhi Government has no role on the day to day operations.
16. It is the mandate of TPDDL to disconnect the electricity connection at the government accommodation at Timarpur, Delhi Government Flat and issue No Dues Certificate. Hence, they have no role to play in the present complaint and their name may be deleted from the array of parties.
17. Rejoinder to the Written Statement of OP-1 was filed by the complainant where the contents of the complaint have been reaffirmed and those of the Written Statement have been denied.
18. Evidence by way of affidavit was filed by the complainant. He has repeated the contents of his complaint and has got exhibited the documents annexed with it. The copy of the order dated 10/09/2018 passed by Hon’ble Principal Judge, Central, Family Court, Tis Hazari, Delhi-110054 as Ex.CW1/1 , copies of the rent agreement as Ex.CW1/2 (Colly), the copy of the Hon’ble Family Court rejecting to accept the HRA amount @ 24% paid on account of government accommodation as Ex.CW1/3 (Colly), he has also got  exhibited the documents/ calculations pertaining to his salary as Ex.CW1/4 (Colly), the copies of communication dated 19/01/2019, 18/04/2019 and 03/05/2019 for disconnection of the electricity connection are exhibited as Ex.CW1/5 and Ex.CW1/6 (Colly); the copy of reply dated 04/09/2020 to Power Department is as Ex.CW1/7 and Ex.CW1/8 (Colly). The copy of the request for disconnection of the electricity connection and providing No Dues Certificate are as Ex.CW1/9 and Ex.CW1/10 (Colly) and the calculation sheet has been exhibited as Ex.CW1/11 (Colly).
19. OP-1 has got examined Ms. Akansha  Pathak, Customer Service Manager on their behalf. The contents of the written statement have been repeated.  They have got exhibited the bill dated 13/03/2021 alongwith statement of account as Ex.DW1/1 and copy of letter dated 09/05/2019 as Ex.DW1/2.  It has been reiterated that the request of disconnection and removal of meter was duly initiated but same could not be executed due to resistance/refusal at site which was duly intimated to the complainant. They have further stated that the complainant is liable to honour the direction issued by Public Grievance Commission dated 11/11/2020. 
20. We have heard the arguments and have perused the material placed on record. The complainant is aggrieved by non-disconnection of the electricity connection by OP and failure to issue ‘No Dues Certificate’ due to which he was unable to surrender the accommodation allotted by PWD.  It will not be out of context to note that matrimonial proceedings/litigation is pending between the complainant and his wife alongwith his children before Family Court, Tis Hazari, Delhi and the flat was in possession of the Complainant’s family consisting of wife and two children. 
21. As per Ex.CW1/5, letter dated 19/01/2019 addressed to the Commercial Manager, TPDDL Ltd., Hudson Lane, complainant has requested for disconnection of electricity connection CA No.60002251886 and for final bill and subsequently on 18/04/2019 and 03/05/2019 as well.  In reply to the same, OP-1 vide letter dated 16/05/2019 (Ex.CW1/6) has stated that ‘the request’ for disconnection/surrender of connection was already generated two times on 19/01/2019 and 18/04/2019 vide notification 2019425973 and 2020472420 respectively. Accordingly, team approached at site for disconnection and removal of meter but meter removal could not be executed due to dispute and resistance at the site.  So the notifications were cancelled.  In the said letter OP-1 has further requested the complainant to resolve the above-mentioned constraint at site to enable them for processing the request. Similarly, vide letter generated on 22/01/2019 the same has been informed to the complainant with remark

22. Thus, it is clear that OP-1 had initiated the disconnection process at the request of the complainant and the same was resisted by the wife/family of the complainant when they visited the site.  OP has relied on letter dated 09/05/2019 (Ex.DW1/2).  Through, the said letter the complainant has been informed that ‘the site was visited by Zonal team for removal of meter but meter could not be removed due to resistance at site.   Suspension letter for the same was also handed over to you (the Complainant) in person on 27/01/2019.  Further the other party residing at site has also submitted the request for non-removal of meter due to dispute. Therefore, meter cannot be removed from site, forcefully by TPDDL’. As per Clause 29 (14) of DERC Supply Code and Performance Standard Regulations 2017, the consumer (the complainant herein) shall be responsible for safe custody of the Meter.
23. The complainant has also place on record the order of Ld. Principal Judge, Family Court, Central District, THC, Delhi dated 10/09/2018 from where it can be observed that premises was in possession of the legally wedded wife of the complainant and his children. As per Annexure-G, a letter dated 01/09/2020, the complainant has stated that the Ld. Family Court has denied his request to accept the HRA amount to be adjusted towards the monthly maintenance to be paid by him.
24. During the pendency of the present complaint vide order dated 12/05/2022, OP-1 was directed to file compliance report, which was filed on 06/06/2022.  It was informed by OP-1 that the said electricity connection had been dis-connected on 20/05/2022 and No Dues Certificate was issued.  
25.  It may be noted that the safe custody of meter is the responsibility of the complainant. OP-1 has attempted to process the request of dis-connection by the complainant on two different occasions, but it could not be successfully executed due to the resistance on site by the Complainant’s wife and children, as such the complainant has failed to provide safe access to OP-1 for removal of meter, for which OPs cannot be held liable for deficiency in services.
26. It is seen that OPs have been dragged by the complainant in the dispute between his family and himself. The relief for reimbursement of loss of HRA and payment of rent claimed by the complainant are consequential in nature, which do not come under the purview of Consumer Protection Act, 2019. Hence, the present complaint is dismissed being devoid of merits without order to cost. 

 Office is directed to supply the copy of this order to the parties as per rules.  Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

 

(Harpreet Kaur Charya)              Member

(Divya Jyoti Jaipuriar)                                                       President