Haryana

Yamunanagar

CC/259/2015

Satbir Singh S/o Sadhu Ram - Complainant(s)

Versus

UHBVN Ltd. - Opp.Party(s)

Kapil Rathi

01 Aug 2016

ORDER

BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM YAMUNA NAGAR JAGADHRI

 

                                                                                    Complaint No.259 of 2015.

                                                                                    Date of Institution: 27.7.2015.

                                                                                    Date of Decision:01/08/2016

Satbir Singh aged 47 years s/o Sh.Sadhu Ram, resident of village Pabni Kalan, tehsil Jagadhri, Distt. Yamuna Nagar.                                                                                                                                                                                                                    

                                                                                                                                                    ..Complainant.

                         Versus

 

1.         UHBVNL, Shakti Bhawan, Panchkula through its Managing Director.

2.         X.E.N. operation, Sub Urban Division, UHBVN, Jagadhri near Bhai Kanhaiya Chowk, Yamuna Nagar.

3.         SDO operation Sub Division, UHBVNL BIlaspur, Distt. Yamuna Nagar.

 

                                                                                                                                                     ..Respondents.

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

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

 

Present: Sh.Kapil Rathi, Advocate for complainant.

              Sh.Zile Singh, Advocate, for respondents.

 

ORDER   

1.                     The complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 prayed that the respondents (hereinafter referred as Ops) be directed to install the new transformer at the tube well of the complainant or to replace the old transformer with transformer of higher capacity, so that the complainant can operate his tube well properly and further to pay compensation and litigation expenses. 

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the complainant is using electricity energy on his tube well under account no.RE2-0141 having sanctioned load of 20BHP and paying the consumption charges regularly.  The transformer providing the electricity to the tube well of the complainant is having capacity of 63KVA and load on this transformer is of 60 BHP having connection of three tube wells of consumers namely Ran Singh 20BHP, Balbir Singh 20BHP and Satbir Singh 20BHP.  From this, it is prima facie that the transformer in question is overloaded.  This transformer is of 63KVA and at a distance of 8 spans from the tube well of the complainant and exact measurement of the distance is 1620 ft.  Due to this, the tube well of the complainant is not getting proper voltage to operate electric motor, especially during summer season the voltage is very low.  The complainant and another consumer Binder Singh s/o Sh.Balbir Singh moved an application on 30.5.2014 (Annexure C.1) to the Ops and further another application was also moved on 30.12.2014(Annexure C.2) to replace the transformer in question with higher capacity but all in vein.  A letter dated 1.6.2015 was also issued from the office of Chief Engineer, UHBVNL, Panchkula to S.E.(op) Circle UHBVNL, Yamuna Nagar in this regard and the said letter was also forwarded to the Ops  No.2 & 3 but no action has been taken.  The complainant has visited so many times but the Ops has flatly refused to install the new transformer of higher capacity, hence, this complaint.

3.                     Upon notice, Ops appeared and filed its written statement taking some preliminary objections such as complaint is not maintainable; complainant has no locus standi; complainnt has not come to the Forum with clean hands and on merits it is not denied that the complainant is having electricity connection bearing No.RE2-0141 and paying the electricity bills regularly.  However, it is denied that complainant has ever made any request to the Ops and the Ops have refused to install a new transformer.  It has been further mentioned that Ops are ready to install the new transformer if all the criteria has been fulfilled as per the scheme of the Nigam and lastly prayed for dismissal of complaint as there was no deficiency in service on the part of the Ops.

4.                     In support of his case, the counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW/A, Photocopy of application dated 19.5.2014/30.5.2014 as Annexure C.1, Photocopy of application dated 30.12.2014 as Annexure C.2, bills as Annexure C.3 to C.5, Photocopy of letter issued by Chief Engineer, UHBVNL, Panchkula to SE (Op) Circle, UHBVNL, Yamuna Nagar as Annexure C.6, Photocopies of estimate as Annexure C.7 & C.8, Photocopy of rough sketch as Annexure C.9  and closed the evidence on behalf of complainant.

5.                     On the other hand the learned counsel for the Ops tendered into evidence affidavit of Shri Sudesh Kumar, SDO as Annexure RW/A and closed the evidence on behalf of Ops.

6.                     We have heard the learned counsel for the parties and gone through the pleadings as well as documents placed on the file carefully and minutely.  It is not disputed that the complainant is having tube well connection bearing No.RE2-0141 having sanctioned load of 20BHP, which is duly evident from the electricity bills as Annexure C.3 to C.5. It is also not disputed that complainant and another Binder Singh moved an application on 19.5.2014/30.5.2014(Annexure C.1) and another application dated 30.12.2014 (Annexure C.2) to the Ops disclosing the fact that their tube wells are not running properly due to low voltage.  It is also not denied that the transformer from where the complainant is getting electricity for his tube well is of 63 KVA and three tube well connections of 20BHP each of Ran Singh, Balbir Singh and the complainant Satbir Singh is connected with the transformer in question.  From the perusal of the letter issued by the Chief Engineer, UHBVNL, Panchkula to S.E. OP Circle, UHBVNL, Yamuna Nagar (Annexure C.6) and estimate prepared by the Ops (Annexure C.7 to C.9), it is clearly evident that a proposal was prepared for improvement of low voltage to the tale end tube consumer and to remove the overload of existing 63KVA transformer of Shri Ran Singh, Pabni Kalan and another. Further, as the Ops has also admitted in their written statement that they are ready to install the new transformer if the complainant fulfill the criteria as per norms of the Nigam.  However, Ops have totally failed to point out the criteria which was required to be fulfilled on behalf of complainant and another, even the Ops have also not disclosed in their written reply that criteria was to be fulfilled by the complainant or by the official of their department.  In the absence of any specific plea, it can not be presumed that there was any condition imposed on the complainant which was not fulfilled by the complainant.   Further, as the Ops have totally failed to redress the grievances of the complainant despite requests of the complainant and approval of the Chief Engineer (op), which constitute deficiency in service on the part of the Ops.  In, the circumstances noted above, as the Ops have admitted in their written statement that they are ready to install the new transformer to reduce the overload of the transformer in question and in this regard estimate has already been prepared which is evident from Annexure C.7 to C.9, hence, we have no option, except to allow the complaint of the complainant.

7.                     Resultantly, we partly allow the complaint of the complainant and the Ops are directed to install/replace the transformer in question with transformer of higher capacity i.e. more that 63 KVA and provide proper voltage to the tube well of the complainant and Ops are also directed to pay Rs.5000/- on account of compensation as well as cost of litigation.  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 in open court.     

Dated: 1.8.2016.

                                                                                    (ASHOK KUMAR GARG)

                                                                                     PRESIDENT

 

                                                                       

                                                                                    (S.C. SHARMA)

                                                                                     MEMBER.