BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.
Complaint No.054 of 2013
Date of Instt. 29.01.2013
Date of decision: 23.02.2015
Rishi Pal son of Shri Hari Ram resident of village Dabkoli tehsil Indri District Karnal.
……..Complainant.
Vs.
1. Uttar Haryana Bijli Vitran Nigam Ltd. Shakti Bhawan, Panchkula through its Managing Director.
2.The XEN, Uttar Haryana Bijali Vitran Nigam Ltd.Sub Urban Sub Division No.1., Model Town, Karnal.
3.Uttar Haryana Bijli Vitran Nigam Ltd.Sub Urban Sub Division Garhi Birbal District Karnal through its Sub Divisional Officer, Karnal.
…..Opposite Parties.
Complaint u/s 12 of the Consumer
Protection Act.
Before Sh.Subhash Goyal……..President.
Sh.Subhash Chander Sharma ……Member.
Argued by:- Sh.Karan Singh Advocate for the complainant.
Sh.C.R.Chauhan Advocate for the Ops.
ORDER
The complainant has filed the present complaint U/s 12 of the Consumer Protection Act against the OP on the allegations that complainant had applied for a tubwell connection under the general quota on 8.3.2010 vide application No.14504 A/P and had deposited Rs.375/ vide receipt no.187 dated 8.3.2010 and Rs.1000/ vide receipt no.188 dated 8.3.2010 for meter security and other expenses. The OP no.3 issued the demand notice dated 8.3.2010 and directed the complainant to deposit Rs.20,000/- per connection and the same were deposited by the complainant vide receipt no.167 dated 2.11.2010 but the tubwell connection of the complainant has not been released so far which amounts to deficiency in services on the part of the Ops. Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the Ops and the complainant has prayed that the Ops be directed to release the tubwell connection of the complainant and also to give the compensation for the deficiency in services on the part of the Ops. The complainant has also tendered his affidavit in support of the contents made in the complaint alongwith some other documents.
2. On notice the Ops appeared and filed written statement raising the preliminary objections that complaint was not maintainable; that the complainant has concealed the true and material facts from this Forum; that this Forum has got no jurisdiction to entertain and to try the present complaint etc.
On merits deposit of the amount by the complainant with the OP under the Tatkal scheme has not been denied but it was contended that the connection of the complainant shall be released on his turn as per the seniority list maintained by the Ops. SDO concerned of the Ops has also tendered his affidavit in support of the contentions made in the written statement.
3. We have heard the learned counsel for the parties and have gone through the case file very carefully.
4. Therefore, after going through the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties, it emerges that the complainant has filed the present complaint alleging deficiency in services on the part of the Ops on the allegations that he had applied for tubewell connection on 8.03.2010 and deposited the application bearing NO. 14504 A/P and deposited the requisite amount on 2.11.2010 in the sum of Rs.20,000/ but the tubwell connection of the complainant has not been released and the complainant was disclosed that his seniority number was 195.
However, as per the contention of the Ops there was no deficiency in services on the part of the Ops and the connection of the complainant would be issued as per his seniority number which as per record was 195. Now the Ops have placed on record a certificate issued by the AEE OP Sub Division, UHBVN Garhi Birbal to the effect that the connection of the complainant has been issued on 22.5.2014 as per his seniority.
5. There is nothing on the file in order to infer that the OPs have issued any tubwell connection in violation of the seniority list. Therefore, we are inclined to hold that there is nothing on the file in order to infer that there was deficiency in services on the part of the Ops rather from the certificate issued by the AEE”OP” Sub Division, UHBVN Garhi Birbal it is evident that tubwell connection of the complainant has been issued on 22.5.2014 as per the seniority list prepared by the Ops.
6. Therefore, as a sequel to our above discussion, we find no merit in the present complaint and consequently the same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.
Announced
dated: 23.02.2015
(Subhash Goyal)
President,
District Consumer Disputes
Redressal Forum, Karnal.
(Subhash Chander Sharma)
Member.
Argued by:- Sh.Karan Singh Advocate for the complainant.
Sh.C.R.Chauhan Advocate for the Ops.
Arguments heard. Vide our separate order of the even date, the present complaint has been dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.
Announced
dated: 23.02.2015
(Subhash Goyal)
President,
District Consumer Disputes
Redressal Forum, Karnal.
(Subhash Chander Sharma)
Member.
