Haryana

Karnal

CC/490/2023

Hardeep Singh - Complainant(s)

Versus

Uttar Haryana Bijli Vitran Nigam Limited - Opp.Party(s)

Rajiv Gupta

23 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.490 of 2023

                                                        Date of instt.01.09.2023

                                                        Date of Decision:23.04.2024

 

Hardeep Singh son of Shri Jaipal Singh, resident of village Arainpura, District Karnal. Mobile no.87087-34212.

                                                                        …….Complainant.

                                              Versus

 

Uttar Haryana Bijli Vitran Nigam Ltd. through its Sub Divisional Officer (OP) City, Sub Division, Gharaunda, District Karnal.

 

                                                                        …..Opposite Party.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.      

      Sh. Vineet Kaushik…….Member

      Dr.  Suman Singh…..Member

 

 Argued by: Shri Rajiv Gupta, counsel for the complainant.

                    OP exparte.

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant applied for a tubewell electricity connection for the land comprised in khewat no.135, khatoni no.168, rect. No.27, killa no.9/2 situated in village Arainpura, Tehsil Gharaunda, District Karnal, vide jamabandi for the year 2015-2016. The complainant also deposited the initial amount with the OP and also submitted all the requisite documents. It is further alleged that in response to the demand notice,  the complainant approached to the OP and requested to allow him to deposit the remaining amount but OP told that one Puran Singh son of Shri Hathi Singh moved an application to C.M. Window, Gharaunda not to release the said connection in favour of the complainant in the abovesaid land and due to this reason, OP is not releasing the abovesaid connection to the complainant. Since the complainant deposited the requisite amount and documents with the OP and completed all the formalities, OP is under legal obligation to release the abovesaid connection. Complainant is an agriculturist by profession and tubewell connection is urgently required by the complainant for irrigating his land. A tubewell connection is the basic and essential requirement for an agriculturist to irrigate his land and without the tubewell connection, it is not possible for an agriculturist to irrigate his land. By not releasing the tubewell connection to the complainant inspite of deposit of demanded amount, OP has committed deficiency in service and unfair trade practice. Hence this complaint.

2.             On notice, OP did not appear despite service and opted to be proceeded against exparte, vide order dated 13.10.2023 of the Commission.

3.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, affidavit of Rajiv Ex.C1, affidavit of Dharam Pal Ex.C2, copy of letter regarding demand notice for deposit of estimated amount and completion of other requisite formalities Ex.C3, copy of affidavit of Punam Devi Ex.C4, copy of  affidavit of Jaipal Ex.C5, copy of application dated 29.08.2021 Ex.C6, copy of affidavit of complainant Ex.C7, copy of affidavit cum indemnity bond Ex.C8, copy of jamaband for the year 2020-2021 Ex.C9, copy of aadhar card Ex.C10, copy of application dated 12.06.2023 to Assistant Soil Conservation Officer, Karnal Ex.C11 and closed the evidence on 08.12.2023 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             Learned counsel for the complainant, while reiterating the contents of complaint, has vehemently argued that complainant applied for a tubewell electricity connection for his land. The complainant deposited the initial amount and also submitted all the requisite documents with the OP. He further argued that in response to the demand notice,  complainant approached the OP and requested for deposition of the remaining amount but OP  did not allow the complainant for deposition of the amount on the ground that one Puran Singh son of Shri Hathi Singh moved an application to C.M. Window, Gharaunda not to release the said connection in favour of the complainant. Since the complainant deposited the requisite amount and documents with the OP and completed all the formalities, OP is under legal obligation to release the abovesaid connection but OP did not do so. Complainant is an agriculturist by profession and tubewell connection is very necessary for irrigating the land. By not releasing the tubewell connection to the complainant inspite of deposit of demanded amount amounts to deficiency in service and lastly prayed for allowing the complaint.

6.             The onus to prove his case was relied upon the complainant but he has miserably failed to prove the same by leading any cogent and convincing evidence. There is nothing on file to prove that complainant deposited the initial amount. As per demand notice Ex.C3, complainant was asked to deposit an amount of Rs.30,000/- and completed the formalities but complainant failed to deposited the said amount and complete the formalities. Furthermore, complainant has alleged that one Puran Singh son of Hathi Ram moved an application before C.M. Window with regard to not to release the tubewell connection in favour of the complainant but said Puran Singh has not been impleaded as a party in the present complaint, which is a necessary party.

7.             In view of the above discussion, the present complaint is devoid of merit and deserves to be dismissed and 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.

Dated: 23.04.2024   

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Suman Singh)

                 Member                            Member