Haryana

Kurukshetra

CC/149/2022

Sachin Bansal S/o Rajender Kumar - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

Vijay Saini

29 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISISON, KURUKSHETRA

Complaint No. 149 of 2022

Date of institution: 28.04.2022

                                                Date of decision: 29.4.2024

 

Sachin Bansal Advocate, son of Rajinder Kumar, Chamber No. 813,

Advocate Complex District Courts Kurukshetra, Tehsil Thanesar,

District Kurukshetra.

 

                                                                        …Complainant.

Versus

 

1.     Uttari Haryana Bijli Vitran Nigam Limited, through its Managing Director, Sector-6, Panchkula.

2.     Uttari Haryana Bijli Vitran Nigam Limited, Operation Division, Kurukshetra through its Executive Engineer.

3.     Uttari Haryana Bijli Vitran Nigam Limited, through its SDO, K-25 Sub-Division, No. II, Kurukshetra.

 

…Opposite parties.

 

•  

NEELAM, MEMBER.

RAMESH KUMAR, MEMBER.

 

•  

Shri Paramjit Saini, Advocate for the OPs.

                                

• :     

                This is a complaint under Section 35 of the Consumer Protection Act.

2.             It is alleged in the complaint that he had applied 1 kilo watt NDS electricity connection through online website of OPs vide e-form number K25-620-99 for his chamber at District courts Kurukshetra and paid Rs. 3050/- vide transaction No.SSBI8878731106. It is further averred that he has applied above electricity connection after seeing detail of funds and facilities as reflected on the site of OP’s is as follow: (1) application processing fee: Rs.50/-, (2) advance consumption deposit fee: Rs.1000/-, (3) meter security/meter cost: Rs.600/-, (4) meter installation charges: Rs.150/-, (5) meter cupboard charges: Rs.250/-, (6) fixed connection service charges: Rs.1000/-, total fees Rs. 3050/-.

3.     It is further alleged that the OPs have further assured to him that meter will be installed in cup board with safety and fee has also been charged from him. However, the meter bearing account No.7629901575 is installed by the OPs on the pole after receiving the payment of the cup board. The meter is not safe in any way, it is not safe from dust, soil and water.  It is accessible to the general public and the general public is also at risk.  It is further alleged that he approached the OPs and requested several times to install the meter in cupboard properly and informed about the above circumstances. He has neither received any satisfactory response from there.  In this way he has felt cheated on the hands of OPs. Hence this complaint.

5.             On notice, opposite parties appeared and filed their written version raising preliminary objections with regard to maintainability; cause of action; locus standi; jurisdiction and concealment of true and material facts. On merits, it is submitted that when all documents were sent and uploaded by the complainant online, then question of giving such assurance personally by the Nigam officials to him does not arise at all. False story has been put forward by him in this regard. However, OPs as per rules and instructions of the Nigam already provided all the safety measure/cupboard. He never approached to the OPs for the alleged purpose, nor does he have any cause of action to approach the OPs as the electricity meter of him is already installed in the cupboard which is being provided by all its customers.

5.             Learned counsel for the complainant tendered into evidence affidavit Ex. CW1/A and documents Ex. C-1 to Ex. C-5 and closed the same on 20.10.2022 by suffering separate statement.

6.             We have heard the learned counsel for both the parties at length and have gone through the record available on the file carefully.

7.             Sh.Vijay Saini, ld. Counsel for the complainant has argued that he had applied 1 kilo watt NDS electricity connection through online website of OPs vide e-form number K25-620-99 for his chamber at District courts Kurukshetra and paid Rs. 3050/- vide transaction No.SSBI8878731106. It is further argued that he had applied above electricity connection after seeing detail of funds and facilities as reflected on the site of OP’s is as follow: (1) application processing fee: Rs.50/-, (2) advance consumption deposit fee: Rs.1000/-, (3) meter security/meter cost: Rs.600/-, (4) meter installation charges: Rs.150/-, (5) meter cupboard charges: Rs.250/-, (6) fixed connection service charges: Rs.1000/-, total fees Rs. 3050/-.     It is further argued that the OPs have further assured to him that meter will be installed in cupboard with safety and fee has also been charged from him. However, the meter bearing account No.7629901575 is installed by the OPs on the pole after receiving the payment of the cupboard. The meter is not safe in any way, it is not safe from dust, soil and water. It is accessible to the general public and the general public is also at risk. It is further argued that he approached the OPs and requested several times to install the meter in cupboard properly and informed about the above circumstances. He has neither received any satisfactory response from there.

8.             Sh.Paramjit Saini, Advocate for opposite parties has file written statement and argued that when all documents were sent and uploaded by the complainant online, then question of giving such assurance personally by the Nigam officials to the complainant does not arise at all.  False story has been put forward by complainant in this regard.  Respondents as per rules and instructions of the Nigam already provided all the safety measure/cupboard as stated by the opposite parties.

9.             Sh.Vijay Saini, ld. Counsel for complainant has argued that opposite party had charged 250/- for installation of wooden cupboard, but they have installed local plastic box. Opposite parties are directed to replace the local plastic box with new wooden cupboard within 15 days from today.  Complaint is accepted with cost, which is assessed Rs.250/-, which shall be paid by the opposite parties within 45 days from today.

13.            In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open 29.4.2024

 

                                                                       (Dr. Neelima Shangla)            

                                                               President,

                                                               DCDRC, Kurukshetra.

(Neelam)                (Ramesh Kumar)

Member                   Member