Haryana

Yamunanagar

CC/204/2014

Ram Pal S/o Sultan Singh - Complainant(s)

Versus

UHBVN Ltd. - Opp.Party(s)

None for complainant.

02 Feb 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                          Complaint No. 204 of 2014.

                                                                                          Date of institution: 05.05.2014     

                                                                                          Date of decision: 02.02.2017

 

     Ram Pal, aged about 60 years, son of Shri Sultan Singh, resident of Village Lakkar PO Rampur, Tehsil Chhachhrauli, District Yamuna Nagar.

 

                  …Complainant.

                                    Versus

1. Uttar Haryana Bijli Vitran Nigam Limited., through its Managing Director, Sakti Bhawan, Panchkula.
2. Executive Engineer (OP) UHBVNL Jagadhri.3.
3. SDO, OP Sub Division, UHBVNL, Chhachhrauli.

                                                                                                                          …Respondents

 

BEFORE:         SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                         SH. S.C.SHARMA………………………….MEMBER.

 

Present:           None for complainant.

                         Sh. Zile Singh, Advocate for OPs.

ORDER

 

1                      The present complaint has been filed under section 12 of the Consumer Protection Act 1986.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that complainant is an agriculturist having agriculture land and he had applied for electricity power connection for tube well with the respondent No.3(hereinafter referred as OP No.3) and had deposited security amount of Rs.500/- with the OP no.3 vide receipt No.36 book No.03937 dated NIL and he had completed all formalities  as required by the OPs and he had also deposited a sum of Rs.20000/- vide receipt No.193 book No.57795 as consent money with OP No.3 and the OP No.3 had assured to release the electricity power connection for tube well of complainant at the earliest. Thereafter, under self execution scheme, the complainant obtained the electricity power connection for his tube well by deposit of necessary amount, having meter No.833. Complainant is entitled to refund of Rs.20,500/- i.e. Rs. 20,000/- as consent money and Rs.500/-  as security, along with interest till realization. The complainant approached OPs so many times and even moved an application dated 15.03.2014 to the OP No.3 for refund the above said amount with interest but all in vain. Lastly, prayed for directing the OPs to refund Rs. 20,500/- alongwith interest and also to pay Rs.50,000/- as compensation as well as litigation expenses. Hence, this complaint.

3.                     Upon notice OPs appeared and filed its written statement that the complainant is not entitled for refund of Rs.500/- as security. However, he is entitled for the refund of Rs.20000/- without any interest and lastly prayed for dismissal of the complaint.

4.                     Complainant failed to adduce any evidence, hence his evidence was closed by court order on dated 27.05.2016. However, at the time of filing complainant tendered photo copy of receipt of Rs. 20,000/- as consent money and Rs. 500/- as security as C-1 and C-2 and bill dated 30.12.2012 as C-3 in support of his complaint.

5.                     On the other hand, Ld. counsel for the OPs tendered into evidence affidavit of Shri Ashish Chopra, SDO as Annexure RA and closed the evidence on behalf of OPs.

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

7.                     The only grievance of the complainant is that the Ops Nigam has not refunded the amount of Rs. 20,000/- deposited as consent money for tubewell electricity connection vide receipt No. 193 Book no. 057795, as the complainant obtained the electricity power connection for his tubewell under self execution scheme. The Ops Nigam has not refunded the said consent money even despite written application dated 15.03.2014. So, the complainant was compelled to knock the door of this Forum.

8.                     On the other hand, learned counsel for Ops gracefully admitted in his argument that complainant is entitled to get refund of Rs. 20,000/- only and further draw our attentions towards admission of the OPs in para No.3 of the written statement filed by the OPs Nigam. However, argued that complainant is not entitled to get refund of Rs. 500/- which was deposited as security and further any interest.  

9.                     Although the learned counsel for the Ops during the course of arguments has admitted that complainant is entitled to get the refund of Rs. 20,000/- even then we are of the considered view that there is a deficiency in service on the part of the Ops Nigam as the Ops Nigam has not refunded the consent money deposited by the complainant in time suomoto and even after receiving the written request of the complainant and complainant was forced to knock the door of this Forum. As such, the OPs Nigam has wrongly and illegally withheld the consent money deposited by the complainant after releasing the electricity connection under Self Execution Scheme. Hence, the complainant is entitled for relief.

10.                   Resultantly, we partly allow the complaint of complainant and direct the Ops Nigam to refund the amount of Rs. 20,000/- deposited vide receipt No.193/057795 as consent money to the complainant alongwith interest at the rate of 6% per annum from the date of filing of complaint till its realization and further to pay a sum of Rs. 2000/- 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.

Pronounced in open court: 02.02.2017.

                                                                                          (ASHOK KUMAR GARG)

                                                                                           PRESIDENT

                                                                                           DCDRF Yamuna Nagar

 

 

                                                                                          (S.C.SHARMA)

                                                                                           MEMBER