Haryana

Ambala

CC/172/2011

KARAM SINGH - Complainant(s)

Versus

UHBVN LTD - Opp.Party(s)

SANDEEP MISHRA

27 Sep 2016

ORDER

                                BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                                                     Complaint Case No. :    172 of 2011

                                                                                      Date of Institution    :     26.05.2011

                           Date of Decision      :     27.09.2016  

 

Karam Singh son of Sh. Ghasitu Ram R/o village Jaffarpur, Tehsil Barara, District Ambala.

                                                                                                                                                              ……Complainant.   

Versus

1.         Uttar Haryana Bijli Vitran Nigam Ltd. Sector-6, Shakti Bhawan, Panchkula through its M.D.

2.         SDO ‘Op.” UHBVNL, Sub DDivision, Sadhaura, Yamunanagar.

……Opposite Parties

Complaint Under Section 12 of the Consumer Protection Act

CORAM:        SH. A.K. SARDANA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.                       

Present:          Sh. Sandeep Mishra, Adv. counsel for complainant.

                        Sh. R.S. Saini, Adv. counsel for Ops.

ORDER.

                        Complainant has filed the present complaint contending therein that   he is having an electricity connection of tubewell bearing account no.S3-162 and is using the said connection for the purpose of irrigating his fields.  It has been contended that voltage was not proper for running the tubewell, so complainant got installed connection of 25 HP for irrigation purpose but despite enhancement of load, tubewell was not running properly.  So, complainant deposited a sum of Rs.10,000/- under self finance scheme of the Nigam on 13.04.2010 for installing a separate transformer only for his tubewell.  It has been contended that OP further  directed the complainant to deposit the cost of electric polls and wires for installation  of transformer at his tubewell and as per the directions of the Ops, the complainant deposited a sum  of Rs.11086/- on 13.05.2010 with the Op but despite that the Ops has not installed the transformer for the tubewell which is clear cut deficiency on the part of the Ops. The complainant has contended that due to negligence of Ops,  crop in 6 acres of complainant have been destroyed for want of proper irrigation and thus, he has suffered loss to the tune of Rs.3,20,000/-. Hence, the present complaint seeking relief as per prayer clause.

2.                     Upon notice, OPs appeared through counsel and filed written statement that the tubewell connection in question was transferred in the name of complainant from the name of his father Ghasitu Ram on 06.07.2009.  It has been urged that  complainant got the load extended on his above tubewell connection from 5BHP to 20 BHP. It has been admitted that complainant deposited Rs.10,000/- on 13.04.2010 under ‘Dedicated Scheme’ of opposite parties for installing separate electric transformer on his tubewell with an undertaking that he would further bear other necessary expenses for this installation and he required the same for running his 20BHP electric motor of his tubewell and total estimate for  the installation of a separate transformer under the abovesaid scheme was calculated to be Rs.1,22,800/-, however, out of which, complainant deposited only a sum of Rs.11086/- on 13.05.2010 and thereafter he deposited no money towards the balance amount. It is further submitted that a seniority list of all such applicants were prepared and complainant was at serial no.7 out of 10 candidates and five applicants have been issued separate transformers under the said scheme.  Further it has been submitted that sundry job order dated 20.05.2010 for his installation had already been issued as soon as required material would be installed remaining necessary expenses would be charged from the applicants including complainant.   As such, there is no deficiency in service on their part and prayed for dismissal of complaint with costs.     

3.                     To prove his version, counsel for complainant tendered affidavit of complainant as Annexure CX alongwith documents as Annexures C1 to C-4 and closed the evidence whereas on the other hand, counsel for Ops  tendered affidavit of Sh. Vishal Saini, SDO as Anenxure RA/1 alongwith documents as Annexure R-1  to R-17 and closed evidence on behalf of OP-Nigam.  

4.                     We have heard learned counsel for the parties and gone through the record very carefully.  The case of the complainant is that electricity voltage was not proper for running the tubewell so complainant got installed connection of 25 HP for irrigation  purpose and also got deposited a sum of Rs.10,000/- on 13.04.2010 under self financing scheme of the Nigam for installing a separate transformer for the tubewell of complainant. Further the complainant also got deposited a sum of Rs.11086/- on 13.05.2010 with the Nigam but the Ops not installed the transformer despite repeated requests and visits. Counsel for complainant drew our attention towards Section 43 of Indian Electricity Act, 2003 which is reproduced as under:-

“Duty to supply on request (1) [Save as otherwise provided in this Act] every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply:” 

43(3)If a distribution licensee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default.

                        Besides it, counsel for the complainant also relied upon the case law titled as Amanpreet Singh Vs. Chairman, Punjab State Power Corporation Ltd. & Ors. reported in CCC 2014(2) Pg. 212 (P&H) wherein it has been held as under:-

1. Electricity Act, 2003, Ss42,43-Release of electric connection-Ss.42,43 of the Act cast duty on ‘distribution licensee’ to provide supply  of electricity to consumer within a period of one month after receipt of application  requiring supply of electricity–Provisions are mandatory in nature.
2. Electricity Act, 2003, Ss. 42 ,43-Release of electric connection- Inordinate delay-Compensation- Respondents No.1 to 3 failed to explain  inordinate delay in releasing electric connection in favour of petitioner-Held, respondents No.1 to 3 directed to compensate petitioner by paying an amount of Rs.50,000/- as costs with interest  @9% per annum from the date of receipt of test report till the date of actual payment-Petition allowed.

5.                     On the other hand, counsel for the Ops has admitted that the complainant got extended electricity load from 5 BHP to 20 BHP and also deposited a sum of Rs.10,000/- on 13.04.2010 under self financing scheme of the Nigam for installing a separate transformer for the tubewell of complainant. Further the complainant also got deposited a sum of Rs.11086/- on 13.05.2010 with the Nigam out of estimate of Rs.1,22,800/- made by the Nigam vide Annexure R-11. Sh. Vinod Kumar, JE present in the court has submitted that Sales Circular No.U-64/2005 of the OP Nigam has been withdrawn in June 2011, hence, the complainant is not entitled for transformer facility.

6.                     After hearing learned counsel for the parties and going through the record, it is admitted fact on record  that complainant has approached the Op for enhancing of load from 5 BHP to 20 BHP.  Thereafter, complainant drew our attention towards document Annexure R-12 whereby complainant/consumer has been asked to deposit a sum of Rs.21086/-.  Accordingly  complainant deposit a sum of Rs.10,000/- on 13.04.2010 and Rs.11086/- on 13.05.2010 with Ops vide Annexure C-3 & C-4 for installing a separate transformer for his tubewell connection.  The Ops has admitted in their pleadings that sundry job order dated 20.05.2010 issued by the Ops but the material from the Nigam has not been obtained till date.  We have also gone through document Annexure C-1 which is Sales Circular No.U-64/2005 of the OP Nigam and as per the said instructions complainant is fully entitled for extension of load by installing a separating transformer as the complainant has already made all the formalities with the Ops for installing of the transformer in the year 2010 prior to withdrawn the  sales circular. In view of the above discussion, deficiency in service on the part of the OP is established. However, the complainant has not lead any cogent evidence to prove his prayer for compensation on account of mental agony & harassment.  Even though,  in the interest of justice, the complainant has litigated the case for more than six years, thus he is entitled for compensation on this count. Hence, we allow the present complaint and direct the OPs to comply with the following directions:-

(i)        To install the electricity transformer for complainant as per his application Annexure.

3. To pay a sum of Rs.20,000/- to the complainant on account of mental harassment & physical pain etc.

 

                        The order be complied with within 30 days from receipt of copy of the order, failing which the OPs will pay simple interest @ 9% per annum on the amount of Rs.20000/- referred under clause (ii) till its realisation. We assess Rs.3000/- as litigation expenses to the complainant. Copies of this order be sent to the parties concerned free of costs. File be consigned to the record room after due compliance.  

                                                                                                                                Sd/-

ANNOUNCED:  27.09.2016                                                                        (D.N. ARORA)

                                                 PRESIDENT                

 

                                                                                                               Sd/-

                                    (PUSHPENDER KUMAR)

                                                                                                            MEMBER