Haryana

Ambala

CC/15/131

Pawan Aggarwal - Complainant(s)

Versus

UHBVN LTD. - Opp.Party(s)

P.S. Sharma

19 Sep 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                           Complaint No.:131 of 2015.

                                                           Date of Instt.: 13.05.2015.

                                                           Date of Decision: 19.09.2017.

 

Pawan Aggarwal aged 48 years son of Sh.Om Parkash Aggarwal resident of H.No.376 Sector 7 Ambala City.

                                                                             …Complainant.

                             Versus

 

1.Uttar Haryana Bijli Vitran Nigam, Vidyut Sadan, Sector-6, Panchkula, through Executive Engineer, Operation Division, UHBVB Ambala City.

2.The Sub Divisional Officer, Operation Sub Division, UHBVN, Model Town, Ambala City.

                                                                             …Opposite Parties.

 

             Complaint U/s 12 of the Consumer Protection Act, 1986

 

CORAM:        SH. D.N. ARORA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.                                                             MS.ANAMIKA GUPTA, MEMBER.

 

Present:                Sh. P.S.Sharma, counsel for the complainant.

                             Sh. Saravjeet Singh, counsel for the opposite parties.

 

ORDER:

                             Briefly stated the facts of the present complaint are that complainant has purchased a residential house at Ward No.7, Inder Nagar, Ambala City from Smt.Shashi Prabha and Amandeep Garg where a domestic meter was installed which the complainant got disconnected and applied for new domestic electricity connection vide application No.23947/DS dated 16.09.2014 by depositing necessary charges of Rs.24,150/- as per demand of OP No.2.  Thereafter a demand notice was issued to the complainant after inspection of premises and in compliance of the notice dated 22.09.2014 test report was submitted in the office on 01.10.2014. The complainant purchased energy meter from market as asked by Op No.2 and he after getting the tested got the same installed in his premises.  The OPs were legally bound to release the connection within 30 days from the date of receipt of application as per Section 43 (1) of Electricity Act, 2003 but the OPs failed to perform their duty despite repeated requests made by the complainant. The OP No.2 with a malafide intention issued a wrong, illegal and baseless letter bearing memo No.689 dated 22.04.2015 alleging that the building in which the connection is required is meant for commercial purposes despite the fact that earlier a domestic connection was installed in the alleged premises. Thereafter the complainant got served legal notice but to no effect. The act and conduct of the Ops clearly amounts to deficiency in service and the complainant is entitled for penalty/ damages upto Rs.1,000/- per day w.e.f. 16.10.2014 from the OPs besides other reliefs. Hence, this complaint. In evidence, the complainant has tendered affidavit Annexure CX and documents Annexure C1 to Annexure C12.

2.                          On notice OPs appeared and contested the complaint by filing their joint reply wherein preliminary objections such as suppression of material facts from this Forum by the complainant and maintainability have been taken. In order to prepare estimate initial inspection was carried out but the construction on the site was in progress, therefore, demand notice was issued for relying upon the declaration of the complainant for domestic purpose. The electricity connection was ordered to be released vide release order dated 16.10.2014 but the same could not be installed as the officials who visited the premises of the complainant found that the same was not built for domestic purposes. Vide letter dated 689 dated 22.04.2015 the complainant was advised for changing the category from domestic supply i.e. DS to NDS  but instead of changing the same the complainant has filed the present frivolous complaint. The place where the complainant wants for installation of the connection is just on the back side of hotel AP residency and AP Regency and as per layout plan the construction of the rooms appears to be used for commercial purposes or rented purposes as the complainant is already in this business in the close vicinity of area. The demanded loan of 45.892 KW also suggests that the connection is not for domestic purposes rather the same is required for commercial purposes.  The premises in fact is the expansion of the hotel business which the complainant is already carrying out in close vicinity of the area. The analogy of the complainant that earlier a domestic supply was existed holds no ground as it is exclusively in the domain of the technical experts that the connection was sought for commercial purposes.  Other contentions made in the compliant have been controverted and prayer for dismissal of the complaint has been made. In evidence, the OPs have tendered affidavit Annexure RX and documents Annexure R1 and Annexure R2.    

4.                          We have heard learned counsel for the parties and have gone through the evidence and documents on the file carefully.

5.                          It is not disputed that the complainant had applied for electricity for domestic purpose vide application No.23947/DS dated 16.09.2014 and also deposited the amount of Rs.24150/- as processing fee and security etc. and demand notice was issued by the OPs. The complainant had applied for sanctioning the load 45.892 KW and service connection for releasing the electricity connection was also issued by the OPs on 16.10.2014.

6.                          The dispute arises between the parties when the officials of the Ops visited the premises of the complainant for installing the electricity connection and found that the place where the electricity connection is to be installed is not meant for domestic purpose and the OP No.2 issued notice vide memo No.689 Annexure C8/Annexure R2 on 22.04.2015 regarding change of category for newly applied connection from DS to NDS. In this notice, it was very much clear that the Nigam has no objection if the complainant applies for NDS electricity connection and the same would be released after completing the formalities.  We have perused the copy of the site plan Annexure C11 from where it is very much clear that the site plan has not been sanctioned for residential purpose but for other purposes.  As per the instruction No.5.3 of the Sale Manual the schedule of Tariff for Non-Domestic Supply is different than the   domestic supply.  If the sought connection is released then the OPs would suffer financial loss due to difference in tariff of Non-Domestic Supply and Domestic Supply. As per the rules of Nigam, if any load exceeds from 20 KW to 50 KW then category would be changed from LT to HT and the Ops have to install a separate transformer.

                             So in view of the above discussion we are considered view that there is no deficiency in service on the part of the opposite parties for not releasing the electricity connection on the reasons recorded above and the complainant has failed to prove his case. Therefore, we dismiss the present complaint. There is no order as to costs.  The complainant is at liberty to file the application for releasing the electricity connection as per rules made for NDS connection and the Ops would adjust the amount, if any, deposited by the complainant for releasing of connection which is in dispute in the present complaint. Copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.

ANNOUNCED ON: 19.09.2017                                               (D.N. ARORA)

                                 PRESIDENT                

 

 

(ANAMIKA GUPTA)                                               (PUSHPENDER KUMAR)

     MEMBER                                                             MEMBER