Haryana

Yamunanagar

CC/465/2014

Jai Pal S/o Gurdayal Singh - Complainant(s)

Versus

UHBVN ltd. - Opp.Party(s)

Rahul Singla

14 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                                Complaint No…..465  of 2014.

                                                                                                Date of institution: 11.11.2014

                                                                                                Date of decision: 14.12.2016

 

Jai Pal aged about 70 years son of late Gurdayal Singh, resident of village & Post Office Sehla, Tehsil Barara, Distt. Ambala.

 

                                                                                                                     …Complainant.

                                               Versus

1. U.H.B.V.N. Shakti Bhawan, Sector-6, Panchkula through its Chairman.
2. Assistant Executive Officer/ SDO (O.P) , Division, U.H.V.B.V.N. Sadhaura, District Yamuna Nagar.
3. Executive Engineer, U.H.B.V.N. Ltd. Yamuna Nagar, District Yamuna Nagar.

 

                                                                                                                   …Respondents.

                        

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT

                          SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Rahul Singla, Advocate, counsel for complainant.     

              Sh. Jai Pal Singh, Advocate, counsel for respondents. 

 

ORDER

 

1.                     Complainant Jai Pal has filed the present complaint under section 12 of the Consumer Protection Act 1986 praying therein that the respondents (hereinafter referred as OPs) be directed to refund the amount of Rs. 20,000/- which was deposited as security amount against the tubewell connection alongwith interest and also to pay compensation as well as litigation expenses.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the complainant is an agriculturist so for harvesting the crop in the field, he applied electricity connection for his tubewell and deposited security amount of Rs. 20,000/- vide receipt No. 033580 on dated 22.04.2008. After a lot of requests and several visits, the OPs did not issue the electricity connection for which the complainant deposited a sum of Rs. 20,000/- as security. After that, OPs Nigam launched a scheme under self-execution and complainant got installed his tubewell electricity connection under that scheme vide No. 31/2199 dated 30.10.2009. After that, complainant approached the Op No.2 for refunding the security amount of Rs. 20,000/- which was deposited by the complainant but the Ops linger on the matter on one pretext or the other. The complainant has made so many efforts but all in vain. Hence, this complaint.

3.                     Upon notice, OPs appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable; complainant has no locus standi; complainant had no cause of action and on merit it has been admitted that complainant had deposited a sum of Rs.20,000/- with the Ops. It has also been admitted that complainant got his tubewell connection vide No. 31/2199 on dated 30.10.2009. However, it has been denied that the complainant approached the Ops for any refund of the security amount. It has been further mentioned that the OPs are ready to make the payment of security amount to the complainant, if any, lying with the OPs after submitting the application and receipt and other documents by the complainant. Rest contents of the complaint were denied and lastly prayed for dismissal of the complaint.

4.                     In support of his case, complainant tendered into evidence his affidavit as Annexure CW/A and documents such as photo copy of receipt for depositing of Rs. 20,000/- dated 22.04.2008 as Annexure C-1, Photo copy of application for refund of security amount dated 19.12.2011 as Annexure C-2, Photo copy of letter issued by XEN (Operation) UHBVNL to SDO (Operation) dated 18.04.2012 as Annexure C-3, Photo copy of application for refund of the security amount dated 14.12.2012 as Annexure C-4, Photo copy of application for obtaining information under RTI Act as Annexure C-5 and closed his evidence.

5.                     On the other hand, counsel for the OPs tendered into evidence affidavit of Sh. Rameshwar Dass Clerk, UHBVNL as Annexure RA and closed the evidence on behalf of OPs.     

6.                     We have heard the learned counsels for both the parties and have gone through the pleadings as well as documents carefully and minutely placed on file. 

7.                     It is not disputed that the complainant got electricity connection for his tubewell under self-execution scheme which was released vide No. 31/2199 on 30.10.2009 as this fact has been admitted by the OPs in para No.5 of the written statement. It is also not disputed that complainant deposited Rs. 20,000/- vide receipt No. 033580 on dated 22.04.2008 on account of security for releasing the electricity connection of his tubewell which is also duly evident from the photo copy of receipt bearing No. 170/033580 (Annexure C-1). It is also not disputed that complainant moved an application for refund the security amount of Rs. 20,000/- to the OPs Nigam on 19.12.2011 which is duly evident from the photo copy of application Annexure C-2.

8.                     From the perusal of letter written by XEN (Operation) UHBVNL, Naraingarh to the SDO (Operation) Sub Division, UHBVNL, Sadhaura vide his memo No. 4634 dated 18.04.2012 (Annexure C-3), it is also duly evident that complainant had applied to the OPs Nigam for refund the security amount as upon that application XEN (Operation) Division, Naraingarh has written this letter to the SDO (Operation), UHBVNL, Sadhaura.

9.                     The plea of the OPs Nigam that complainant never approached the OPs Nigam for any refund of the security amount is not tenable as from the perusal of photo copy of application Annexure C-2 which was received by the official of the OPs Nigam and marked to the concerned clerk on the application itself and further from the letter issued by the XEN (Operation) UHBVNL Naraingarh to SDO (Operation) UHBVNL Sadharua dated 18.04.2012 vide memo No. 4634 Annexure C-3 and further application dated 14.12.2012 Annexure C-4 and application under RTI Act moved by the complainant Annexure C-5, it is duly evident that the OPs Nigam has wrongly and illegally due to the reasons best known to them withheld the security amount of Rs. 20,000/- of the complainant for such a long time which clearly constitute the deficiency in service on the part of Ops Nigam. Due to the act of the OPs, the complainant was forced to file the present complaint for redressal of his grievances.

10.                   From the other angle also, the present complaint is pending before this Forum since 11.11.2014 and even then the OPs Nigam has not tried to handover the security amount to the complainant during the pendency of complaint and the complainant is facing hardship since the filing of this complaint at the hands of OPs.

11.                   Resultantly, in the circumstances noted above, we partly allow the complaint of complainant and direct the OPs Nigam to refund an amount of Rs. 20,000/- alongwith interest at the rate of 9% per annum from the date of 01.12.2009 i.e. after one month from the date of release of tubewell connection which was released on 30.10.2009 vide No. 31/2199, till its realization to the complainant and further to pay a sum of Rs. 5000/- as litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law.  Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court: 14.12.2016.

 

                                                                                                (ASHOK KUMAR GARG)

                                                                                                PRESIDENT

                                                                                                D.C.D.R.F. Yamuna Nagar

                                                                                                at Jagadhri.

 

                       

                                                                                                (S.C.SHARMA)

                                                                                                MEMBER