Haryana

StateCommission

A/960/2019

SHILPA - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

S.R.BANSAL

20 Oct 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

  Date of Institution:29.10.2019

                Date of final hearing:20.10.2023

                                                Date of pronouncement: 23.10.2023

 

First Appeal No.960 of 2019

 

IN THE MATTER OF

 

Shilpa aged about 37 years W/o Shri Bharat Bhushan, R/o House No.54/3, near Chhajju Kund Mandir, Subhash Nagar, Kaithal-136027.

 

.….Appellant.

 

Through Counsel Shri S.R. Bansal, Advocate

 

Versus

 

1. Uttari Haryana Bijli Vitran Nigam Limited, Sub Division No.01, Kaithal, Tehsil & District Kaithal through its SDO (OP).
2. Uttari Haryana Bijli Vitran Nigam Limited, Shakti Bhawan, Sector-6, Panchkula through its Managing Director.

 

….Respondents.

Through counsel Shri B.S. Negi, Advocate

 

 

CORAM:   S.C. Kaushik, Member.

 

Present:-    Shri S.R. Bansal, counsel for the appellant.

                   Shri B.S. Negi, counsel for respondents.

 

O R D E R

S. C. KAUSHIK, MEMBER:

 

                   Present appeal is preferred against the order dated 26.09.2019 in Consumer Complaint No.96 of 2019, passed by learned District Consumer Disputes Redressal Forum, Kaithal (now ‘learned District Commission’), vide which complaint filed by the complainant was dismissed.

2.                Brief facts of the complaint filed before learned District Commission are that the complainant applied for a new electric connection vide online application dated 06.03.2019 and deposited an amount of Rs.7325/- vide receipt No.QSM27292938366 with the opposite parties (“OPs”). It was alleged that despite issuance of electric connection, OPs imposed illegal and unlawful condition that the complainant was required to deposit the defaulting amount of Rs.90,000/- of one Inderjit without providing any details thereof which was having no concern with the complainant and thus there was deficiency in service on the part of OPs and prayed for issuing directions to the OPs.

3.                Upon notice, OPs appeared before learned District Commission and filed their written version by submitting therein that the complainant had applied for domestic electricity connection on 06.03.2019 for her residence and on receiving the application, Ram Niwas, L.M visited the spot and he reported that the new connection place was same in which already connection No.KZ-11/1942 was running and an amount of Rs.90,583/- was outstanding in the name of Inderjeet S/o Shetal Dass, R/o Subhash Nagar, Kaithal. The building of new applied connection and old was same and main gate of the house was one and thus the premises of complainant was a defaulter premises. It was further submitted that as per sales circular No.U-03/2013 issued by Nigam Clause No.21-B i.e. reconnection or new connection shall not be given to any premises where there are arrears on any account. Thus, there was no deficiency in service on the part of Ops and prayed for dismissal of the complaint.

4.                After hearing the parties, learned District Commission dismissed the complaint of complainant as mentioned above in 1^st para supra.

5.                Aggrieved from the impugned order passed by learned District Commission, complainant-appellant has preferred present appeal for setting aside the impugned order by accepting the present appeal.

6.                The arguments have been advanced by Mr. S.R. Bansal, learned counsel for the appellant and Mr. B.S. Negi, learned counsel for respondents. With their kind assistance, contents of the appeal have also been properly perused and examined.

7.                It is an admitted fact that the present appellant (complainant) had applied for a new electric connection vide application dated 06.03.2019 and deposited an amount of Rs.7350/- as security through online application vide receipt No.QSM27292938366. The grievance of present appellant (complainant) is that the respondents (OPs) have not issued the electric connection as the defaulting amount of Rs.90,583/- is pending for the said premises. However, as per the appellant, said amount is pending against one Shri Inderjit Singh and she purchased the premises on 10.06.2009.

8.                It is also an admitted fact that when complainant applied for electric connection through application dated 06.03.2019, OPs visited the premises and official of OPs made endorsement that there was already an electric connection bearing No.K2-11.1942 in the name of Shri Inderjit Singh son of Sheetal Dass, R/o Subhash Nagar, Kaithal, who is brother-in-law of present appellant (brother of her husband). It is also an admitted fact that the premises for which electricity connection was applied was a domestic connection.

9.                Moreover, it was also established before learned District Commission that Shri Inderjit(brother-in-law of complainant)  moved an application dated 09.12.2009 for issuance of electricity connection in the same premises and present appellant purchased the plot her on 10.06.2009 as pe Annexure C-3 and constructed the house in the assessment year 2015-2016. It is also established that an amount of Rs.90,583/- was pending against the said premises as defaulting amount.

9.               In view of the above submissions and after careful perusal of the entire record as well as in considered view of this Commission, learned District Commission rightly dismissed the complaint of the complainant. The impugned order passed by learned District Commission is well reasoned, based on facts and as per law. There is no need to interfere with it. In view of this, present appeal stands dismissed. The parties shall bear their own costs.

10.               A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.

11.                 Application(s), pending, if any, stands disposed off in terms of the aforesaid order.

12.                File be consigned to record room alongwith a copy of this order.

 

Pronounced on 23^rd October, 2023                                                                                                                                                                                       

                                                                                                            S.C. Kaushik                                                                                                                       Member                                                                                                                                 Addl. Bench