Haryana

Yamunanagar

CC/307/2023

Gram Panchayat Sabapur - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

H.S. Kamboj

01 Sep 2023

ORDER

CC No.307 of 2023

                                    Gram Panchayat Vs. UHBVNL

 

Present:       Sh. HS Kamboj, Adv. for the complainant.

 

ORDER:-

                  

1.                This complaint has been filed by the Gram Panchayat Sabapur, Block Jagadhri, District Yamuna Nagar, through its Member Panchayat Shri Rajnish (53), (for short “complainant”), against the opponents, on the ground, Gram Panchayat Village Sabapur, Block Jagadhri, District Yamuna Nagar (for short “Gram Panchayat”) is owner of agriculture land, situated, within the Estate of Village Sabapur (no copy of relevant record attached) and applied for 3 BHP tube well connection, bearing Application No.43585 dated 18.3.2016 and deposited all necessary dues, with the opponents, total Rs.1,46,176/- upto 23.12.2021. Despite, that electricity connection has not been released, in favour of the Gram Panchayat, which is an act of negligence, deficiency in service, on the part of the opponents.

2.               On receipt of the complaint, as to whether, the Gram Panchayat falls, within the definition of Consumer. This Commission was doubtful and this Commission gave time to counsel for the complainant, to clear the doubt of the Commission and on today, he has shown the Section 2 (5) to Section 2 (7) of the Consumer Protection Act, 2019 and submitted Gram Panchayat is the part of the State of Government. So, it can file the consumer complaint. However, this Commission do not agree, to the contentions of the counsel for the complainant and provisions Section 2 (5) Part 3, State Government, nowhere, include the Gram Panchayat, as Gram Panchayat. Section 2 (31) of the Consumer Protection Act, 2019, defines, the person and Gram Panchayat does not fall, within the definition of person. So, on this score, complaint is not maintainable.

3.           Furthermore, for the sake of arguments, if, the Gram Panchayat is the State Entity, as contended by the counsel for the complainant, then, on the same analogy, opponents UHBVN, against whom, complaint is filed, it being autonomous body, is also State Entity, under Articls 12 of the Constitution of India. State cannot sue the State and on this score, complaint is also not maintainable.

4.             Hence, due to reasons, stated hereinbefore, without touching to the merits of the case, complaint is dismissed, it being not maintainable, before this Commission. Complainant Gram Panchayat, shall be at liberty to raise its grievance, in the, appropriate Authority/Court.

5.                File be consigned to the records.

Dated: 01.09.2023.    

                                                                             (Gulab Singh)                                             

                                                                   District & Sessions Judge (VRS)

(Sarvjeet Kaur)      (Jasvinder Singh)                      President,

Lady Member.      (Member).                              DCDRC, YNR.     

 

 

Typed by: Aarti.