ORDER

10.06.2024

Sh. Sanjay Kumar, President

1. Brief facts of the present case are that the father of complainant Sh. Sarup Singh was the owner of land bearing Khasra No.53/16, situated in Revenue Estate of Village Bankner, Delhi and having an electricity connection CA No.60017905070 on 30.01.1996 for agriculture purposes i.e tubewell for  irrigation. The copy of Farad-Khatoni filed on record. It is stated that father of complainant used to reside with complainant and expired on 26.10.2015 at the age of about 90 years. The copy of death certificate filed on record.
2. It is stated that the father of the complainant got the electricity connection in the year 1996 after completing all the requisite formalities and it remained  in service till 2014. It is further stated that father of complainant during his lifetime partitioned his property between his sons and tubewell property was given to complainant as per his free will and without force  or fear. It is stated that father of the complainant got transferred tubewell property in favor of complainant and all requisite formalities were completed for transfer of electricity connection in the name of complainant and father also issued NOC in favor of complainant. It is stated that complainant filed an application alongwith NOC and other documents for  transfer of electricity connection and OP duly transferred in the name of complainant in the year 2014. The copy of electricity bills in the name of complainant filed on record.
3. It is stated that complainant enjoyed the services for approximately two years and on 15.02.2016 OP issued a letter to complainant and demanded some documents regarding the electricity connection, property papers, ID proof. The copy of letter filed on record. It is further stated that complainant duly deposited the said documents within several dates with OP. It is stated that OP issued electricity bill for the month of February dated 20.02.2016 and shows excess payment i.e more than consumption by the complainant. It is stated that complainant made a request/complaint before OP for correction of the said bill and also approached to the office.
4. It is stated that OP  without going through the documents and without giving any opportunity to complainant illegally transferred the electricity connection in favor of deceased person i.e his father. This act is illegal and contrary to law. It is further stated that OP did not supply all documents/complaint/content of charge against him by the competent authority with any complaint. It is further stated that the property was not even owned by the father of the complainant alone, the complainant was also owner of some part of the property in which electricity connection was installed. It is stated  that OP duly verified the documents as required for transfer in the year 2014 and no other document demanded for period more than one year. It is stated that the transfer of electricity connection in favor of deceased father is illegal and not sustainable in the eyes of law.
5. It is stated that OP did not consider the documents submitted by complainant alongwith reply dated 15.02.2016 wherein it is mentioned that electricity is used and maintained by complainant. The complainant is seeking direction against OP to restore the electricity connection in the name of Sh. Ratan Lal complainant, to pay compensation of Rs.5,00,000/- for harassment, mental tension, agony and expenses incurred by complainant, direction to pay litigation expenses  of Rs.21,000/- and imposed heavy fine on OP.
6. OP filed WS and taken preliminary objection that all the allegations in the complaint are false, frivolous and only with a view to misguide  the Hon’ble Forum and there is no cause of action in favor of complainant, therefore, complaint is liable to be dismissed. It is stated that the issue involved in present complaint is related to property dispute between complainant and his brother Brij Lal and electricity connection is being made instrument to settle their dispute. It is stated that OP has already filed an application for impleadment of Mr. Brij Lal as necessary party. It is stated that there is no deficiency or defect on the part of OP, therefore, present complaint is not maintainable and liable to be dismissed.
7. The OP stated background of the case. It is stated that the dispute is related to the electricity connection bearing no. CA 60010213241 ( K NO. 43200130550) sanctioned and registered in the name of Sh. Swarup Singh or sanctioned load of 9KW for agriculture usage. It is further stated that Mr. Rattan Lal complainant had applied for change of registered consumer name on 27.12.2013 and on the basis of declaration made and document submitted by complainant the registered consumers name was changed from Swarup singh to Rattan Lal and  new CA no. 600107905070 was allotted to complainant. It is further stated that later on Mr. Brij Lal brother of complainant filed an objection with respect to change of registered consumer name alleging that same had been carried out on the basis of invalid document and in unauthorized manner.
8. It is stated that on receipt of objection from complainants brother the OP sent a notice dated 15.02.2016 to the complainant to produce the original property papers alongwith complete chain so that it could be verified. It is stated that complainant remained failed to produce the documents as per notice dated 15.02.2016, therefore, the connection was restored in the name of complainant father Swarup Singh, now complainant is objecting to the reverting back the connection in the name of his father.
9. On merit all the allegations are denied and contents of preliminary objections and background facts are reiterated. It is stated that present complaint is liable to be dismissed.
10. Complainant filed rejoinder to the WS of OP and denied all the allegations and reiterated contents of the complaint. It is stated that OP has arbitrarily and illegally restored the electricity connection in the name of deceased father and Sh. Brij Lal has nothing to do with the property wherein the electricity connection was installed. It is further stated that at the time of change of name of electricity connection in the name of complainant all the requisite formalities were completed. It is stated that OP has even not think of locus standi of brother of complainant Sh. Brij Lal when electricity connection restored in the name of deceased father. It is stated that complainant is entitled to all the reliefs claimed in the complaint.
11. Complainant filed evidence by way of his affidavit and the affidavit reiterated contents of the complaint. Complainant relied on copy of Farad/Khatoni Ex.PW1/1, copy of death certificate of father dated 26.10.2015 Ex.PW1/2, photocopy of  electricity bills Ex.PW1/3 (colly), copy of letter dated 15.02.2016 Ex.PW1/4, copy of electricity bill dated 20.02.2016 Ex.PW1/5, copy of complaint no.2006229413 Ex.PW1/5, copy of statement of Brij Lal dated 17.12.2014 before the court of Ms. Monika Singh Civil Judge, Sonipat Haryana, in case of CS no. 964/2013 Ex.PW1/6, photocopy of electricity bill transferred in the name of deceased father Ex.PW1/7 and copy of Girdawri Ex.PW1/8.
12. OP filed evidence by way of affidavit of Hardwari Bakshi, Commercial Service Manager. In the affidavit contents of WS reiterated. OP relied on statement of account of CA No.60017905070 Ex.D1, copy of letter of Brij Lal dated 22.01.2016 Ex.D2 and copy of letter dated 15.02.2016 Ex.D3.
13. Written arguments filed by complainant as well as OP.
14. We have heard Sh. Subhash Sehrawat counsel for complainant and Sh. Harish Purohit AR for OP and perused the record.
15. The application filed by OP on 06.01.2017 for impleadment of Brij Lal as necessary party was dismissed vide order dated 15.03.2019.
16. It is admitted case of the parties that electricity connection CA No.60017905070 for agriculture purposes i.e tubewell for irrigation was installed at land bearing Khasra No.53//16 at Village Bankner Delhi was in the name of Sh. Swaroop Singh deceased father of complainant. As per record OP got transferred the said connection in favor of complainant in the year 2014 and it remained in the name of complainant till 15.02.2016. The fact on record established that there is a dispute of complainant with his brother namely Brij Lal. Brij Lal filed objection before OP claiming the land dispute between complainant and Brij Lal after the death of Swaroop Singh. The OP sent a notice dated 15.02.2016 on receiving the objections to the complainant but complainant failed to file any documents, therefore, the electricity connection was restored in the name of deceased father Swaroop Singh. As per agriculture land documents the copy of Khatoni mentions the name of complainant Rattan Lal as well as Brij Lal his brother. The complainant filed documents pertaining to civil dispute filed by Brij Lal against his father Swaroop Singh and complainant Rattan Lal at Civil courts Sonipat. The copy  of statement of Brij Lal also filed on record however the final order has not filed on record. Since present case involves dispute of civil rights of both the complainant and his brother and no final order of civil court filed whereby complainant becomes the owner of the land where the electricity connection was installed. In these  peculiar circumstances where disputed question of rights to the agriculture  land involves and the transfer of change name is objected by brother of complainant this consumer commission is not empowered to decide the right to land which is the basis of name change or inheritance of  agriculture land with electricity connection.
17. On the basis of above observation and discussion complainant failed to establish deficiency of service on the part of OP, therefore, present complaint is dismissed. No order as to cost. File be consigned to record room.
18. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  10.06.2024.

     SANJAY KUMAR                 NIPUR CHANDNA                       RAJESH

       PRESIDENT                             MEMBER                                MEMBER