Haryana

StateCommission

A/712/2016

UHBVNL - Complainant(s)

Versus

UMARDEEN - Opp.Party(s)

ALKA JOSHI

16 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  : 712 of 2016

Date of Institution: 02.09.2016

Date of Decision : 16.11.2016

 

 

1.      Uttar Haryana Bijli Vitran Nigam Ltd. through its Managing Director, Shakti Bhawan, Sector-6, Panchkula

2.      The Executive Engineer (OP) UHBVNL, Naraingarh.

3.      The S.D.O. (Operation), Sub Division UHBVNL Sadhaura, Distt. Yamuna Nagar.

                                     

                                                          Appellants –Opposite Parties

 Versus

 

Umardeen aged 45 years son of Sh. Jumudeen resident of Village Gadhauli, Tehsil Naraingarh, Distt. Ambala

 

                                      Respondent –Complainant

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Argued by:          Mrs. Alka Joshi, Advocate for the appellants

Sh. Amandeep Rana, Advocate for the respondent.

Sh. Ram Kumar, S.D.O. in person.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

Uttar Haryana Bijli Vitran Nigam Ltd. and its functionaries-opposite parties have filed the present appeal against the order dated 04.01.2016 passed by the District Consumer Disputes Redressal Forum, Yamuna Nagar (in short, ‘District Forum’) whereby complaint was allowed. The appellants-opposite parties were directed to release the tubewell connection as per sale circular U-18/2006 from H.T. line within 60 days from the date of passing of order and Rs.2000/- as litigation expenses to the Umardeen-complainant.

2.      Umardeen-complainant filed complaint with allegations that he applied for tubewell connection on 05.11.2007 and deposited the requisite security of Rs.1500/-.  On demand notice being issued he again deposited Rs.20,000/- as consent money on 25.06.2009 and also deposited Rs.14000/- on 02.11.2010 as pole charges.  Despite depositing entire amount, the connection was not released to the complainant.

 

3.      Opposite parties contested the complaint and raised plea that they were ready to release the connection from LT line, however, complainant insisted for the connection on HT line, for which he had to deposit the cost of transformer etcetera. 

4.      District Forum after hearing both the parties allowed the complaint and passed orders as detailed in paragraph No. 1 of this order.

5.      We heard learned counsel for the parties and perused the file.

6.      As per information received by the complainant under RTI Act and placed on the file, that Saleem Khan s/o Sh. Taki Mohammad and Jasbir Singh s/o Sh. Malkhan Singh who applied for tubewell connection under sale circular No. 18/2006, the connection was released to them from HT line.  On this, learned counsel for the appellants submitted that at that time the connections to those persons were released under the orders of Consumer Forum without the orders being challenged by the opposite parties before any higher authorities. The opposite parties cannot discriminate.  In this view of the matter, the order under challenge requires no interference.  The appeal is therefore dismissed. The appellants-opposite parties are hereby directed to release the tubewell connection within 30 days on receipt of copy of this order.

7.      The statutory amount of Rs.1000/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.   

 

 

Announced 16.11.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President