Haryana

Karnal

EA/73/2017

Radhey Shyam - Complainant(s)

Versus

UHBVNL Ltd - Opp.Party(s)

11 Jan 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Execution No. 73 of 2017

                                                          Date of instt. 06.12.2017

                                                          Date of order 11.01.2019

 

Radhey Shyam son of late Shri Telu Ram resident of Ward no.3, Indri Tehsil & District Karnal.

                                                                    …….Complainant/DH

                                                Versus

 

1. UHBVN Ltd. through its SDO, Indri, Sub Division Officer Indri.

 

                                                                 …..Opposite Party/JD.

 

               Complaint u/s 12 of the Consumer Protection Act.      

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri Vinesh Vats Advocate for complainant/DH.

                  Shri Amit Munjal Advocate for OP/JD.

 

                   (Jaswant Singh President)

 

ORDER:                     

 

                        The present execution petition filed by the complainant/DH stated that vide order dated 5.12.2001 the complaint is disposed off with the direction, we hold the OP has illegally imposed penalty of Rs.6170/- upon the complainant. We, therefore, set aside the said penalty and restrain OP from charging the same from the complainant. We direct OP to charge the complainant on the basis of actual consumption shown by the meters qua the account no.S1-25/275 and S1-25/1000 in question without any surcharge or interest thereon. For this purpose, OP shall prepared a revised statement of accounts in the light of orders above and shall serve a fresh bill on the basis of direction given. In case any amount is found refundable to the complainant the same shall be refunded to him within 15 days of the receipt of this order and in case any amount is found due against the complainant, the complainant shall deposit the said amount with the OP within 15 days of the receipt of revised bill. It is further stated that complainant has filed an execution applicable before this Forum Execution no.123/2010 and same is withdrawn on 26.09.2011 as the assurance of the OP that they will comply the order of this Forum dated 5.12.2001. OP/JD inspite of order passed by this Forum has not complied with the same till now and have intentionally and deliberately violated the order passed by this Forum. As such OP is liable to be prosecuted and punished as per the provision of Section 25 & 27 of the Consumer Protection Act.

2.             Notice of this execution petition was given to the OPs, who appeared and filed its reply raising preliminary objections with regard to maintainability and present application is barred by limitation. It is stated that as the connection in dispute does not exist. In the matter already in execution was filed by the complainant/DH and the same was withdrawn by the complainant/DH himself after being fully satisfied. Now after almost 17 years long period complainant filed the execution with some ulterior motive which is at all not maintainable. It is pertinent to mention here that during the time complainant was also caught two times while abstracting energy illegally. Just to harass and humiliate the OP department, present execution petition is filed.

3.             The complainant/DH filed the application under section 25 & 27 of the Consumer Protection Act for complying the order passed by this Forum on 05.12.2001 and the previously application was withdrawn by the complainant/DH being fully satisfied. The premises of the complainant was checked by the JDs’ Department and during checking complainant was found in cognizable offence of theft of the Electricity under section 135 of Electricity Act and total penalty of Rs.2,36,504/- was imposed by the OPs/JDs. Complainant/DH refused to sign the LL1 dated 22.03.2015. Now complainant/DH filed the present application just to counter blast and just to harass the OPs/JDs. Hence, the present execution petition is not maintainable and the same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:11.01.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                               Member