NCDRC

NCDRC

RP/336/2012

DARIYA SINGH THROUGH LR'S & ORS. - Complainant(s)

Versus

UHBVNL & ORS. - Opp.Party(s)

MR. NIKHIL JAIN

06 Aug 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 336 OF 2012
 
(Against the Order dated 04/08/2011 in Appeal No. 679/2004 of the State Commission Haryana)
1. DARIYA SINGH THROUGH LR'S & ORS.
R/o Mahawati tehsil Samalkha
Panipat
Haryana
2. Sumer Singh
R/o Mahawati tehsil Samalkha
Panipat
Haryana
3. hari Om, S/o Late Dariya SIngh
R/o Mahawati tehsil Samalkha
Panipat
Haryana
4. Shakuntala
R/o Mahawati tehsil Samalkha
Panipat
Haryana
5. Sheela Devi
R/o Mahawati tehsil Samalkha
Panipat
haryana
6. Rajbala
R/o Mahawati tehsil Samalkha
panipat
haryana
7. Rajbala
R/o Mahawati tehsil Samalkha
Panipat
haryana
8. Sudesh
R/o Mahawati tehsil Samalkha
Panipat
Haryana
9. Krishana
R/o Mahawati tehsil Samalkha
Panipat
Haryana
10. Mukhtiari Devi, W/o late Dariya Singh
R/o Mahawati tehsil Samalkha
Panipat
Haryana
...........Petitioner(s)
Versus 
1. UHBVNL & ORS.
Through its Sub Divisional Officer, Sub Division,Beholi
Panipat
Haryana
2. UHBVNL, Through its Secretary
Sec-6, shakti Bhawan
Panchkula
Haryana
3. Xen UHBVNL,
Sub Division
Panipat
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. NIKHIL JAIN
For the Respondent :NEMO

Dated : 06 Aug 2012
ORDER

JUSTICE J. M. MALIK, PRESIDING MEMBER

 

1.       The complainant filed a complaint before the District Consumer Disputes Redressal Forum against the respondents.  His grievance was that due to deficiency in service for not providing the transformer to the tubewell of the complainant, his crop stood destroyed and the complainant suffered huge loss.  The District Forum accepted the complaint and directed that the respondent will restore the tubewell connection of the petitioner with immediate effect.  They were permitted to charge the complainant in future by assuming his motor of 10 BHP instead of 15 BHP.  Lastly, it was directed that the respondent would pay compensation in the sum of Rs.3,17,852/- to the complainant.

2.       Aggrieved by this order, the respondent preferred an appeal before the State Commission.  The appeal was partly accepted.  The District Forum’s order was modified.  It reduced the compensation from Rs.3,17,852 to Rs.96,392/- i.e. Rs.72,400/- as compensation on account of loss of crops of the complainant, Rs.8992/- being excess amount deposited by the complainant.  Rs.10,000/- as compensation on account of physical and mental agony and Rs.5000/- as litigation expenses.

3.       Aggrieved by that order, the complainant filed this revision petition before this Commission.  Learned counsel for the complainant half-heartedly argued that no reasons were given by the State Commission to reduce the compensation granted to the petitioner and further without any basis, the compensation was reduced.  There is nothing on record which may go to reveal that the compensation granted by the learned District Forum was on the higher side.

4.       Instead of touching the heart of the problem, learned counsel for the petitioner laid emphasis on peripheral issues.  The order passed by the District Forum is perverse.  It clearly goes to show that it has transgressed his powers.

5.       We have perused the prayer made in the complaint.  It runs as follows:-

“It is, therefore, prayed that the respondents may kindly be directed to make the payment of Rs.72,400/- alongwith interest compensation of crops and to return/adjust the excessive amount of Rs.8992/- in future bills and to pay the amount of deficient services of the respondents, in the interest of justice.”

 

6.       Learned District Forum exercised his powers over and above the prayer made in the complaint.  It has made a vain attempt to square the circle.  As such we see no flaw in the order passed by the State Commission.  Both the revision petitions are lame of strength and are hereby dismissed.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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