Haryana

Ambala

CC/75/2011

VINOD SACHDEVA - Complainant(s)

Versus

UHBVN LTD - Opp.Party(s)

P.S SHARMA

10 Nov 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

         Complaint Case No. :    75 of 2011

         Date of Institution    :    03.03.2011

                     Date of Decision      :    10.11.2015

Vinod Sachdeva S/o Sh. G.L. Sachdeva R/o H.No.18-A, Gobind Nagar, Ambala Cantt.

……Complainant.

Versus

1.         Uttar Haryana Bijli Vitran Nigam, Shakti Bhawan, Sector-6, Panchkula, through Executive Engineer, Operation Division, UHBVNL, Ambala Cantt.

2.         The Sub Divisional Officer, Operation Sub Division No.2, Near Kwality Sub Station, Rai Market, UHBVNL, Ambala Cantt.

……Opposite Parties

Complaint Under Section 12 of the Consumer Protection Act

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

                        SH. PUSHPENDER KUMAR, MEMBER.                       

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

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

ORDER.

                        Complainant has filed the present complaint alleging therein that  he purchased H.No.18-A, Gobind Nagar, Ambala Cantt vide sale deed dated 09.12.2009 from Smt. Amrit Kaur Wd/o Kuldip Singh  having installed electricity connection therein bearing account No.X-365 and thus he applied for transfer/new connection in his name with a load of 4.986 KW vide application dated 19.07.2010 and deposited all the necessary charges on 21.07.2010.  In this regard, complainant  also executed agreement and submitted necessary test report etc. as per advice of OP No.2 but Ops failed to transfer the same in the name of complainant or to enhance the load within the stipulated period of one month. As such, a legal notice was served upon the OP No.2 for transfer/extension of load of electricity connection in question which was duly received by the Op but failed to comply with the same within the stipulated period which is a grave deficiency in service on the part of OPs and in this way, the Ops have harassed the complainant by not redressing his grievances.  In the end, prayer has been made by complainant for issuing a direction to OP as per prayer clause of the complaint.

2.                     Upon notice, OPs appeared through counsel and filed written statement raising preliminary objections qua neither cause of action nor  jurisdiction  to file the present complaint rather there is a concealment of true facts by the complainant.  On merits, it has been admitted by the Ops that complainant applied for extension of load as well as transfer of the said electricity connection bearing No.X-365 in his name for which he deposited Rs.125/- on 21.07.2010 as processing fees, Rs.2500/- as consumption security and Rs.1750/- as service connection charges.  Further, 3 phase Meter was to be supplied by complainant as per receipt of payment made with the application and duly signed by the consumer since the single phase meter was existing on this connection  being connected load of 2 KW whereas the proposed extended load was 4.986 KW i.e. less than 5.000 KW. As such, a PDCO No.10 dated 21.07.2010 was issued immediately but the same was effected on 31.12.2010 thereby disconnecting this connection from the name of Amrit Kaur and simultaneously a service connection order dated 21.07.2010 was also issued which was effected on 31.12.2010 with an extended load of 4.986 KW i.e. 5.000 KW and in this way the connection was changed in the name of complainant Vinod Sachdeva from Amrit Kaur and his load was also extended from 2 KW to 4.986 KW on 31.12.2010 and thereafter, he had been operating a sanctioned extended load which is mentioned in the account No.MN-11/2429-H as such he had no grievance or cause of action after 31.12.2010  to file the said case and prayed for dismissal of the complaint with costs.

3.                     In evidence, counsel for complainant tendered affidavit of complainant as Annexure CX alongwith documents as Annexures C1 to C6 and closed the evidence whereas on the other hand, counsel for Ops  tendered affidavit of Sh. Jai Gopal, SDO Op. Sub Division No.2 UHBVNL, Ambala Cantt as Anenxure RA/1 alongwith documents as Annexures R-1 to R-4 and closed evidence on behalf of OP-Nigam.

4.                     We have heard counsel for the parties and gone through the record very minutely. It is admitted fact on record that the connection of complainant has already been transferred by the Ops alongwith extended load of 4.986 KW on 31.12.2010 i.e. much prior to institution of the present complaint. This fact has also been admitted by counsel for the complainant before the Forum, however, the counsel for complainant has requested for grant of compensation on account of harassment caused by the Ops to  the complainant in delaying the extension of load as well as  transfer of connection in his name alongwith litigation expenses etc.

                        No doubt, as per submissions of the parties, the grievance of complainant regarding transfer of the electricity connection alongwith extended load has been redressed by the Ops but the same has been redressed  by the Ops after a delay of more than  four months i.e. by 31.12.2010 whereas the same was required to be redressed within one month from 21.07.2010 i.e. upto 20.08.2010. As such, admittedly, it is deficiency in service as well as unfair trade practice on the part of Ops.  Hence, we allow the present complaint partly and direct the OPs to comply with the following directions within 30 days from the communication of this order:-

1. To pay a sum of Rs.5000/- to the complainant on account of mental harassment & physical pain for the delay in transfer of electricity connection in the name of complainant and extension of connected load.
2. Also to pay a sum of Rs.3000/- as litigation expenses.

                       

                        The aforesaid directions must be complied with by the Ops within the stipulated period otherwise both the awarded amounts  shall attract simple interest @ 12% per annum for the period of default and the complainant shall be entitled to get the same enforced under due provisions of the Consumer Protection Act. 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:10.11.2015                                                             Sd/-

                                                                                                      (A.K. SARDANA)

                                 PRESIDENT               

 

                                                  Sd/-

                                 (PUSHPENDER KUMAR)

                                                                                                              MEMBER