Haryana

StateCommission

A/416/2019

VIKRAM - Complainant(s)

Versus

UHBVNL AND ANOTHER - Opp.Party(s)

VIJAY

16 May 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.416   of 2019

 Date of Institution:29.04.2019

Date  of  Decision:16.05.2019

 

Vikram s/o Sh. Sh.Sumer Singh, R/o Village Khanpur Khurd, Tehsil Matanhail, Distt. Jhajjar.

…..Appellant

Versus

 

1.      Uttar Haryana Bijli Vitran Nigam Ltd. through S.D.O. Jhajjar.

2.      Indira Gandhi Thermal Power Plant, Village Jharli, Tehsil Matanhail, Distt. Jhajjar through its General Manager/Director.

…..Respondents

 

CORAM:             Mr.Ram Singh Chaudhary, Judicial  Member

                              Mrs. Manjula, Member.

 

Present:-    Mr.Vijay, Advocate for the appellant.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

           

          Briefly stated, the facts narrated in the complaint are that the complainant was earlier allotted tubewell  connection on the land, which was purchased by him.  The Govt. has acquired the said land  in the year 2007 for Jharli thermal Power Plant with assurance to the complainant that they will transfer  the tubewell connection to any other filed of complainant.  Despite deposit of fee and all the necessary documents with the department for obtaining new connection, but,  the O.P. has failed to provide new connection. Thus there was deficiency in service on the part of the O.P.

2.                The complaint was resisted by the O.P. No1-UHBVNL by filing a separate written statement before the District
Forum, in which department stated that the complainant has not deposited the amount of new electricity connection as per the conditions of the department.  Thus there was no deficiency in service on the part of the O.P.No.1.

3.                O.P. No.2 alleged that complainant was not consumer of the O.P. and only admitted the acquisition of the land in the year 2007.  The complainant was not entitled for any relief.  Thus there was no deficiency in service on the part of the O.P. No.2

4.      After hearing counsel for the complainant, the learned District Consumer Disputes Redressal Forum, Jhajjar (In short “District Forum”) dismissed the complaint vide impugned order dated 29.03.2019.

5.      Feeling aggrieved therefrom, complainant-appellant has preferred this appeal.

6.      The argument have been advanced by Mr.Vijay, the learned counsel for the appellant has heard at length. With his kind assistance the entire records had also been properly perused and examined.

7.      While unfolding the arguments it has been argued by Mr.Vijay the learned counsel for the appellant that  complainant filed complaint before the learned District Forum on 18.05.2018, but, the learned District Forum wrongly dismissed the complaint.  The appellant has also filed a complaint in the CM window Haryana vide complaint No.CMOFF/N2017/041680 dated 19.04.2017 for the same purpose.  the enquiry office observed that appellant will take the compensation from the O.P.No.2 and thereafter will apply for the new connection, but, on 01.05.2018 the O.P. 2 refused to compensate the complainant and therefore the complainant filed complaint before the learned District forum, which is within limitation.  The complaint has been dismissed by the learned District Forum without considering the merits of the same. 

8.       In view of the above submissions and careful perusal of the entire record of the appeal, it is true that the cause of action arise when the complaint was decided by the CM window. The learned District forum has a jurisdiction to entertain and try the present complaint as the respondent had failed to provide the new electricity connection. Since there is a deficiency in rendering the services, it is a fit case, where the complaint should have been entertained properly and were decided on merits.

9.      With the above observation and discussion and in the considered opinion of this Commission, the impugned order dated 29.03.2019 passed by the learned District Forum, Jhajjar is set aside for all intents and purposes.  The matter is remitted back to the District Forum, Jhajjar to decide the complaint in accordance with law  and on merits after affording an opportunity to parties to contest the complaint. 

10.    Parties are directed to appear before the District Forum, Jhajjar on 13.08.2019 for further proceedings. 

 

May 16th, 2019      Manjula                           Ram Singh Chaudhary,                                          Member                          Judicial Member                                                     Addl.Bench                     Addl.Bench          

S.K.