Haryana

Yamunanagar

CC/502/2013

Rajinder Singh s/o Sh.Phool Singh, - Complainant(s)

Versus

UHBVN Ltd. - Opp.Party(s)

S.K.Dhanda

29 Mar 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                                Complaint No…..502  of 2013.

                                                                                                Date of institution: 25.5.2013

                                                                                                Date of decision: 29.03.2016.

 

Rajinder Singh aged about 45 years son of Shri Phool Singh, resident of Village Pirthipur, District Yamuna Nagar.  

                                                                                                                     …Complainant.

                                    Versus

 

1. Uttar Haryana Bijli Vitran Nigam Limited through its Chairman, Shakti Bhawan, Panchkula.
2. The S.D.O. (OP) Sub Division, UHBVNL, Bilaspur, District Yamuna Nagar.    

 

                                                                                                                 …Respondents

                         

 

CORAM:          SH. ASHOK KUMAR GARG, PRESIDENT

                         SH. S.C.SHARMA, MEMBER.

 

 

Present: Sh. S.K.Dhanda, Advocate, counsel for complainant.     

              Sh. Zile Singh, Advocate, counsel for respondents. 

             

 

ORDER

 

1.                     Complainant Rajinder Kumar has filed the present complaint under section 12 of the Consumer Protection Act 1986 praying therein that respondents (hereinafter referred as OPs) be directed to release the tubewell connection to the complainant immediately and further to pay a sum of Rs. 50,000/- as compensation on account of harassment, mental agony and economic loss and further to pay Rs. 5000/- on account of litigation expenses.

2.                     Brief facts, as alleged in the complaint, are that complainant has applied for tubewell connection for Agriculture land with the OPs and deposited Rs. 1352 vide receipt dated 26.5.2010 and also Rs. 3100/- besides the cost of transformer vide receipt dated 19.7.2012. As per the rules of the Nigam vide sales Circular within 9 months from the deposit of cost of span and security, electric connection must be released. In this case more than 9 months have been passed since the deposit of the aforesaid amounts but after that OPs only installed span, transformer and wires at the spot but failed to release the tubewell connection and meter to the complainant inspite of completing all the formalities. The complainant has visited several times to the OP No.2 for releasing the tubewell connection but the OP No.2 did not give any satisfactory answer to the complainant. Thus, the OPs have committed deficiency and negligence in service and the complainant has suffered lot of mental agony, harassment as well as financial loss and lastly prayed for issuing directions to release the tubewell connection of the complainant immediately without any delay and without demanding any illegal amount from the complainant and also to pay compensation as well as litigation expenses.

3.                     Upon notice, OPs appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable, no deficiency in service on the part of OPs and on merit admitting the fact that the complainant had applied for release of electric connection for his tubewell under Sale Circular no. U-27/2008 in self execution of work and according to which he is bound to complete entire formalities as per directions/ instructions of the Nigam and material so arranged by the complainant is to be inspected  by XEN (OP) as per specification at firm’s premises but the complainant failed to complete entire formalities insptie of directions/ instructions of the Nigam in this regard. Even there is no report of XEN (OP) regarding material of the complainant, which is mandatory for the complainant to get it inspected from XEN (OP) for release of electric connection. Chief Electric Inspector has to report after inspection to the Nigam regarding working of the contractor. No report of Chief Electrical Inspector has been submitted to the Nigam, which is mandatory for release of electric connection. The electricity connection for tubewell can not be released in the absence of report of Chief Electrical Inspector and report of XEN (OP). Copy of sale circular No. U-27/2008 is annexure R-1. Lastly prayed that the complaint is liable to be dismissed with deterrent costs.

 4.                    To prove his case, complainant tendered into evidence his affidavit as Annexure CWA and documents such as Photo copy of receipt dated 26.05.2010 as Annexure C-1, Photo copy of letter issued by contractor for completion of work under self execution scheme as Annexure C-2, Photo copy of bill issued by Jai Bhagwan Electricals as Annexure C-3, Photo copy of receipt dated 19.7.2012 as Annexure C-4, Photo copy of invoice issued by Bharat Electricals as Annexure C-5, Photo copy of Transformer test certificate as Annexure C-6, Photo copy of challan as  Annexure C-7 and closed his evidence.

5.                     On the other hand, counsel for the OPs has tendered into evidence affidavit of Sh. Pardeep Panwar SDO as Annexure RW/A and documents such as Photo copy of Sales Circular No. U-16/2013 as Annexure R-1, Photo copy of Sales Circular No. U-27/2008 as Annexure R-2 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.  Learned counsel for the complainant reiterated the averments made in the complaint and prayed for its acceptance whereas the counsel for the opposite parties reiterated the averments made in their reply and prayed for its dismissal.

7.                     It is not disputed that the complainant had applied for tubewell connection on 26.05.2010 and submitted the papers duly filled and deposited an amount of Rs. 1352/- vide receipt dated 26.5.2010 (Annexure C-1) and also deposited Rs. 3100/- vide receipt dated 19.07.2012 (Annexure C-4).

8.                     Learned counsel for the complainant draw our attention towards bill of purchase of transformer of 25 KVA from Bharat Electronics on dated 24.05.2010 (Annexure C-5) and transformer test certificate (Annexure C-6) and report of Jai Bhagwan Electrical Contractor (Annexure C-2) in which the contractor Jai Bhagwan has specifically mentioned that “ it is intimated that the following connections have been completed by Jai Bhagwan Electrical Contractor. I have completed the work of Sh. Rajinder Singh resident of village Pirthipur bearing application No. 4788AP.” And also draw our attention towards purchase bill of material (Annexure C-3) and argued that despite of all these things the OPs failed to connect the electricity connection of the complainant on the false and flimsy ground that complainant has not completed the requisite formalities which he was bound to complete as per direction/ instructions of the Nigam.

9.                     On the other hand, counsel for the OPs argued that electricity connection of the tubewell of the complainant could not be released as the complainant failed to submit the report of Chief Electrical Inspector and report of XEN (OP) as per sale circular No. U27/2008. Further the complainant failed to complete the entire formalities inspite of directions and instructions of the Nigam. In this regard draw out attention towards sale circular bearing No. U-16/2013 (Annexure R-1) and Sale circular No. U-27/2008 (Annexure R-2). Lastly requested for dismissal of the complaint being there is no deficiency in service on the part of OPs.

10.                   After hearing both the parties at length, we are of the considered view that there is a deficiency in service on the part of OPs as it is evident that complainant had deposited Rs. 1352/- on 26.5.2010(Annexure C-1) and Rs. 3100/- on 19.7.2012 (Annexure C-4). Further from the perusal of the certificate issued by Jai Bhagwan Electrical Contractor (Annexure C-2) it is evident that the work of the electricity connection at side had been completed by the contractor and further the complainant has invested the huge money on the material for installation of the electricity tubewell connection as per purchase bill issued by Jai Bhagwan Electrical Contractor (Annexure C-3). We have also perused the Sale Circular bearing No. U-16/2013 (Annexure R-1) wherein it was decided to issue demand notices to all the applicants under AP Category who had applied tubewell connection up to 31.12.2010 in all the circles under UHBVNL. In the present case complainant applied for tubewell connection on 26.5.2010, hence he was entitled to get the tubewell connection as per this circular bearing No. U-16/2013 and sale circular No. U-27/2008 under self execution scheme. The plea of the OPs that the complainant has failed to complete the entire formalities is not tenable as it is evident from the report of Electrical Contractor Jai Bhagwan (Annexure C-2) that complainant has provided all the materials to the contractor and contractor had completed tubewell connection work of the complainant under self execution scheme. Further the counsel for the OPs failed to show any letter or any notice issued by the OPs to the complainant in which the complainant was asked to complete the required formalities whereas from the perusal of documents placed on file it is clear that complainant had completed all the formalities. Even, during the course of arguments, counsel for the OPs admitted the fact that all the construction work for installing the tubewell connection had already been completed at the spot except supply of electricity.

11.                   In the circumstances noted above, we are of the considered view that he OPs have miserably failed to release the tubewell connection of the complainant due to reason best known to them which constitute a deficiency in service on the part of OPs. Hence, we have no option except to partly allow the complaint of complainant.

12.                   Resultantly, we partly allow the complaint of complainant and direct the Ops to release the tubewell connection of the complainant within a period of 30 days after preparation of copy o this order and further to pay a sum of Rs. 5000/- as compensation for mental agony, harassment as well as litigation expenses. Order be complied within 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: 29.03.2016.

 

                                                                                                (ASHOK KUMAR GARG)

                                                                                                PRESIDENT

 

 

 

                                                (S.C.SHARMA)

                                                                                                MEMBER