Haryana

Sonipat

164/2014

KARTAR - Complainant(s)

Versus

UHBVN - Opp.Party(s)

16 Jun 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.164 of 2014

                                Instituted on:16.06.2014

                                Date of order:12.05.2015

 

Kartar son of Tek Chand resident of village Nakloi, distt. Sonepat.

 

                                                     ...Complainant.

 

                        Versus

 

1.UHBVN Ltd. UHBVN Kharkhoda, Sonepat through SDO Kharkhoda.

2.UHBVN Ltd., Power House, Fazilpur, Sonepat through XEN Sonepat.

 

                                                     ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. NK Dahiya, Adv. for complainant.

           Sh. Amit Balyan, Adv. for respondents.

 

BEFORE-    NAGENDER SINGH, PRESIDENT.

          SMT.PRABHA WATI, MEMBER.

           D.V.RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that he has applied for an agrl. Electricity connection for his tubewell vide application no.34909/AP dated 09.01.2008 and has deposited certain amount with the respondents from time to time.  But more-than six years have elapsed and the respondents have failed to release the electricity connection  and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondents have submitted that due to non-availability of AP feeder, the connection could not be released.  However, the connection immediately will be released as and when the AP feeder will be available. There is no deficiency in service on the part of the respondents and thus, prayed for the dismissal of the present complaint.

3.        We have heard the ld. Counsel for both the parties at length and has gone through the entire relevant material available on the case file carefully & minutely.

4.        The main stand of the respondents is that due to non-availability of AP feeder, the connection could not be released.  However, the connection immediately will be released as and when the AP feeder will be available. There is no deficiency in service on the part of the respondents.

          We have perused the case file very carefully.  Except the written statement and affidavit, no other document has been placed on record by the respondents.  The written statement was filed by the respondents on 14.11.2014 and almost six months is going to elapse w.e.f. 14.11.2014 and till date, the complainant is roaming here and there for getting the electricity connection for his tubewell and that amounts to a grave deficiency in service on the part of the respondents.

          In our view, the ends of justice would be fully met, if the directions are given to the respondents to release the tubewell electricity connection to the complainant within one month after expiry of the period for filing appeal by the respondents before the Hon’ble State Commission, Haryana, Panchkula against this order.  Accordingly, we direct the respondents to release the tubewell electricity connection to the complainant under the scheme it was applied for, within one month after expiry of the period for filing appeal by the respondent before the Hon’ble State Commission, Haryana, Panchkula against this order, if the respondent’s advised or desire so.  The complainant is hereby directed to deposit the amount, if any is due or outstanding as per the said scheme with the respondents.

          Since it is proved that there is deficiency in service on the part of the respondents, we also direct the respondents to compensate the complainant to the tune of Rs.5,000/- (Rs.five thousands) for rendering deficient services, for causing mental agony & harassment and  under the head of litigation expenses.

 

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of costs.

File be consigned to the record-room.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

Announced: 12.05.2015