Haryana

Ambala

CC/78/2014

BADHAWA RAM S/O SH SAWAN RAM - Complainant(s)

Versus

UHBVN. - Opp.Party(s)

Lalit Sharma

08 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

        Complaint Case No. :  78 of 2014

                     Date of Institution    :  14.03.2014

                     Date of Decision      :   08.12.2015

Badhawa Ram s/o Sh. Sawan Ram r/o H.No.116, Idgah Road, Opposite Nishat Cinema, Ambala Cantt.

……Complainant.

Versus

1.         Uttar Haryana Bijli Vitran Nigam Ltd., through its Executive Engineer,

            Operation, Ambala Cantt.

 

2.         Uttar Haryana Bijli Vitran Nigam Ltd., through its Sub Divisional Officer, Operation, 12 Cross Road, Ambala Cantt.

 

3.         Vidhya Devi w/o late Sh. Kuldeep Chand r/o H.No.161, Idgah Road, Opposite Nishat Cinema, 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. Lalit Sharma, Adv. counsel for complainant.

                        Sh. Sarvjeet Singh, Adv.  counsel for Ops No.1 & 2.

                        Smt. Kulwant Kaur, Adv. counsel for OP No.3.

 

ORDER.

 

                        Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter in short called as ‘the Act’) alleging therein that he obtained land on lease from Punjab Wakf Board in the year 1966 and constructed a house thereupon and further got an electricity connection bearing account no.SS08-1086-H/D3-121 for residential purposes from the opposite parties in the said house.  Thereafter, the complainant is paying electricity  bills regularly of the aforesaid electricity connection as well as paying the lease money to the Punjab Wakf Board (now Haryana Wakf Board) qua the aforesaid land. Punjab Wakf Board filed a Civil Suit No.83/78 for ejectment of the complainant from the property in question but the said suit was dismissed by the court of Shri C.R. Goel, the then Sub Judge, Ist Class, Ambala Cantt vide judgment & decree dated 22.12.1980 and aggrieved   by the said judgment &  decree, Punjab Wakf Board preferred an appeal which was also dismissed and in this way, complainant is in peaceful & legal possession of the property in question having aforesaid electricity connection without any objection from any quarter. It has been further alleged by the complainant that his one son namely Kuldeep Chand inconnivance with officials of opposite parties got transferred the electricity connection  in question in his name from the name of the complainant illegally and without notice of the complainant though the complainant neither himself applied for transfer of the electricity connection in question from his name to the name of any other person nor ever gave any consent to this effect and as such Ops was not competent  to transfer the said electricity connection in the name of Kuldeep Chand or any other person as there was specific privity of contract between the complainant and Ops and thus the aforesaid act of the Ops is contrary to the agreement and amounts to grave deficiency in rendering services to the complainant as well as unfair trade practice on the part of the Ops.

                        The complainant came to know about the transfer of aforesaid electricity connection from his name  to the name of his son Kuldeep Chand in the year 2009 and thereafter, he moved an application dated 08.10.2009 to OP No.2 to the effect that “on what basis, the aforesaid connection has been transferred in the name of his son Kuldeep Chand and on account of aforesaid complaint, the Ops re-transferred the electricity connection in question in the name of complainant and since then the complainant is enjoying the electricity from the said connection without any objection from any quarter whatsoever.” It has been further alleged  by the complainant that after the death of Kuldeep Chand, his widow Vidya Devi OP No.3 (allowed to become a party in this case on her application) in connivance with Punjab Wakf Board got cancelled the lease of the complainant and obtained the same in her name without any notice to the complainant inspite of the Civil Court decree passed as far back in the year 1980 in favour of the complainant though the complainant is in possession of the same. As such, the complainant filed a civil suit for permanent injunction against  Haryana Wakf Board  and Smt. Vidya Devi wd/o Kuldeep Chand and Yogesh Kumar s/o Kuldeep Chand restraining them from dispossessing  the complainant from  the property in dispute which is pending for adjudication before the court of Sh. A.K. Jain, Addl. Civil Judge (S.D), Ambala. It has been further alleged by the complainant that on the basis of lease deed obtained by Smt. Vidya Devi  in her favour from the Wakf Board by hatching conspiracy, she has got transferred the electricity connection in question bearing No. SS08-1086-H/D3-121 in her name from the name of the complainant vide order dated 23.10.2013 which is patently illegal, without jurisdiction and thus caused deficiency in services as well as unfair trade practice on the part of the Ops for the reasons that the complainant is still in possession of the property and the electricity connection in question, which stands in the name of complainant since 1966 cannot be disconnected. It has been further alleged by the complainant that on the basis of aforesaid order dated 23.10.2013 passed by the OP No.1, Ops are bent upon to disconnect the electricity connection in question which is neither legal nor justified in the eyes of law rather an example of unfair trade practice and has prayed that a direction be issued to the Ops  to withdraw the order dated 23.10.2013 and transfer the electricity connection in question in the name of complainant and further not to disconnect the electricity connection of the complainant and also to pay Rs.20,000/- as compensation besides Rs.10,000/- as litigation expenses etc.

2.         Upon notice, Ops No.1 & 2 appeared through counsel and submitted reply to the complaint raising preliminary objections such as non-maintainability of the complaint as well as the complainant has not approached the learned Forum with clean hands rather suppressed the material facts and as per factual position, the electricity connection in question  was obtained from Ops by Sh. Kuldeep Chand s/o Badhawa Ram (complainant) and  after the death of Kuldeep Chand, the complainant who is   father of deceased Kuldeep Chand  wrongly got  the said electricity connection transferred in his name on the ground that he is in the possession of the property where the electricity connection in question  stood installed and to prove his possession to the Ops, the complainant relied upon lease deed dated 27.07.1970 executed by Wakf Board, Ambala Cantt in favour of Badhawa Ram complainant. It has been further urged by the Ops that after  transfer of the aforesaid electricity connection in the name of complainant,  Smt. Vidya Devi widow of Kuldeep Chand (now Op No.3) objected the said transfer of the electricity connection in question on the ground that the complainant is not in possession of the property where the aforesaid  electricity connection stood installed rather she is entitled for transfer of the electricity connection in her name being legal heir of late Sh. Kuldeep Chand. It has been further urged by the Ops that Smt. Vidya Devi also instituted CWP No.17458 of 2013  against the Ops wherein Hon’ble Punjab & Haryana High Court,  directed the OP No.1 i.e. Executive Engineer, Operation, UHBVNL, Ambala Cantt to decide the representation of Smt. Vidya Devi regarding transfer of above-said connection in her name  latest by one month vide order dated 13.08.2013 and in compliance of the order of Hon’ble High Court, the OP No.1 decided the representation of Smt. Vidya Devi and cancelled the transfer of electricity connection in question in the name of complainant vide office order No.221 dated 23.10.2013 and further ordered for restoring the same to the name of Sh. Kuldeep Chand S/o Badhawa Ram with immediate effect. As such, the complainant is not a consumer of the OP as defined under Consumer Protection Act.  On merits, it has been urged by the Ops that the order of the  OP No.1 dated 23.10.2013 is patently legal and in compliance of directions issued by Hon’ble Punjab & Haryana High Court and thus there is no deficiency in service on the part of Ops. It has been further  denied by the Ops that complainant is still in possession of the property in question  where the electricity connection in question stood installed.  Further it has been stated by the Ops that Vidya Devi had given application to disconnect the electricity connection in question but the same has not been  acted upon till date.  In this way, the Ops have requested  for dismissal of the complaint being devoid of merits.

3.                     It is worthwhile to mention here that  during the proceedings of the case, aforesaid  Smt. Vidya Devi Wd/o Kuldeep Chand submitted  an application under order 1 rule 10 CPC for becoming a party as Op No.3 in the present complaint which was allowed vide order dated 19.12.2014 and  she was permitted to file  written statement/reply to the complaint and contest the case.  Accordingly, OP No.3 filed written statement urging therein that the present complaint is not maintainable as the complainant is not a consumer under the Consumer Protection Act and the complainant has not   approached this Hon’ble forum with clean hands since the complainant is neither holder of the electricity connection in question nor in possession of any land as alleged in the complaint.  It has been further stated by OP No.3 that the electricity connection in question was in the name of Kuldeep Chand-husband of OP No.3 which was cleverly & stealthy got transferred by the complainant in his name in collusion  with officials of Ops without any   information to the answering OP and after  running from pillar to post, the same connection has been transferred in the name of Kuldeep Chand on the direction of Hon’ble Punjab & Haryana High Court  by Executive Engineer, (Operation) UHBVNL, Ambala Cantt vide order dated 23.10.2013.  On merits, it has been urged that the complainant never paid the arrears of land and due to this reason, his lease was cancelled on 04.03.2009 by the officials of Wakf Board and the answering OP is legally wedded wife  of Sh. Kuldeep Chand and is legally entitled to inherit the electricity connection in question in her name from the name of Kuldeep Chand and she has also got leased out the  property in question  in her name (where the electricity connection stood installed )  from the officials of Wakf Board by paying rent and arrears etc. In this way, OP No.3 has requested that the complaint is devoid of merits and based on false & frivolous  facts and thus is liable to be dismissed with  exemplary  costs.

4.                     To prove his version, counsel for complainant tendered affidavit of complainant as Annexure C-X alongwith documents as Annexures C-1 to C-16 and closed his evidence whereas on the other hand, Ops No.1 & 2 tendered affidavit of Sh.  Sunil Kumar Arora, SDO as Annexure R-X alongwith documents as Annexure R-1 and OP No.3 Smt. Vidya Devi tendered her affidavit as Annexure R-Y alongwith documents as Annexures R3/A to R3/9 and closed their evidences respectively.

5.                     After hearing both the parties as well as going through the record very minutely, it is an admitted fact on record that the complainant has concealed the material facts of passing of an order dated 23.10.2013 vide memo No.221  by OP No.1 i.e. Executive Engineer, Operation, UHBVNL Ambala Cantt  in compliance of directions of Hon’ble Punjab & Haryana High Court in CWP No.17458 of 2013 wherein the complainant was also a party but instead of challenging the order dated 23.10.2013 passed by OP No.1, complainant has filed the present complaint by twisting  the facts and without impleading the Op No.3 as a party though she was necessary party and the said act of complainant is a fraudulent one and thus he is not entitled to  any relief from this Forum rather is liable to be penalized under the provisions of Consumer Protection Act for filing the frivolous litigation. Further on perusal of the facts and records of this case very minutely, it reveals that complainant got fraudulently transferred the electricity connection in question from the name of his son Kuldeep Chand to his name (after his death) on the basis of lease deed dated 27.07.1970 though the same was not in existence at that time being cancelled by the officials of Wakf Board in March 2009.  As such, we are of the confirmed view that there is neither any deficiency in service on the part of Ops as alleged nor  Ops have committed any unfair trade practice rather they have legally cancelled the change of name of the electricity connection in question from the name of complainant and restored the same to its original position i.e. in the name of Kuldeep Chand S/o Badhawa Ram (now deceased) vide order dated 23.10.2013.

                        In view of the facts discussed above, we have no option except to dismiss the present complaint with costs of Rs.10,000/- under Section 26 of the Consumer Protection Act to be paid to OP No.3 by the complainant. Accordingly, the present complaint is dismissed and complainant is directed to comply with the order within 30 days from the communication of this order otherwise the OP No.3 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:08.12.2015                                                                Sd/-

                                                                                                (A.K. SARDANA)

                                 PRESIDENT                

 

                                                      Sd/- 

                                   (PUSHPENDER KUMAR)

                                                                                                              MEMBER