Haryana

Karnal

CC/267/2023

Rina Devi - Complainant(s)

Versus

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

Ms. Seema Bhardwaj

08 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                          Complaint No. 267 of 2023

                                                          Date of instt.05.05.2023

                                                          Date of Decision:08.05.2023

 

Reena Devi wife of Shri Anil Kumar, resident of village Kohand, District Karnal.

                                                                 …….Complainant.

 

                                              Versus

 

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

                                                                    …..Opposite Party.

 

      Complaint u/s 35 of the Consumer Protection Act, 2019

 

Before   Shri Jaswant Singh……President.     

      Shri Vineet Kaushik ………..Member

      Dr. Rekha Chaudhary…Member

 

 Present: Shri Seema Bhardwaj, counsel for the complainant.

                                        

                (Jaswant Singh President)

ORDER:                    

 

                Complaint presented today. It be checked and registered.

 

                        The complainant has filed the present complaint u/s 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is owner in possession of a residential house situated in Alipura Road village Kohand, Tehsil Gharaunda, District Karnal, vide sale deed no.11004 dated 31.01.2022. This colony is in existence for a petty long time and more than 500-600 houses are constructed in the said vicinity. The entire locality is consisting of/in the shape of residential houses and commercial shops etc. and the entire locality is having electricity supply for their premises individually which has been provided by the OP. Complainant has applied for issuance of electricity connection for her residential house, vide application registration no.L31-422-172 dated 19.04.2022 and deposited an amount of Rs.4825/-, vide receipt dated 19.04.2022 to the OP and also submitted document of ownership upon which the OP directed the complainant to provide electricity bills. After waiting long time, complainant approached the OP and asked about the progress of installation of the electricity meter connection, but OP kept on postponing the matter on one pretext or the other and ultimately, OP vide letter dated 04.05.2022 refused to release the connection in favour of the complainant by stating that as per DTP office memo no.665GVA 69 connection site is prohibited. The rejection of the OP qua releasing the electric connection to the complainant is totally illegal and arbitrary as vide letter dated 06.01.2022 issued by office of District Town Planner, Karnal, the said department clarified this fact that the colony in which the house of complainant is situated, is not unauthorized and as such, there was no legal hitch for the OP to release the electric connection in the name of complainant, in the said colony for her house.  Besides this, vide sale circular no.U 29/2015m issued by the Chief General Manager/Commercial, UHBVN, Panchkula, release of electricity connection in unauthorized colonies/slums has been approved subject to some conditions to be fulfilled by the consumer. It is further averred that the electricity is a basic amenity and the complainant cannot be deprived of her fundamental right of getting basic amenities and it is the duty of the Government and the UHBVN to provide basic amenities to the people but in this case the OP has running from performing their duty. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             Arguments on the point of admissibility heard.

3.             Now the question arises for consideration as to whether complainant falls under the definition of ‘consumer’ or not as defined in the Consumer Protection Act, 2019?

4.             The consumer is defined in Section 7 of the Consumer Protection Act, 2019, which is reproduced as under:-

(7) “Consumer” means any person who-

(i) buys any goods for a consideration which has been paid or promise or partly paid and partly promises, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose.” or

(ii)  hires or avails of  any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who(hires or avails of) the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes.

Explanation- For the purposes of this clause-

(a) the expression “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purpose of earning his livelihood by means of self employment.”

(b) the expressions “buys any goods” and “hires or avails any services” include offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;

 

5.             In the present complaint, deposited amount has already been refunded by the OP. This fact has not been denied by the complainant. At this stage, nothing is paid as consideration by the complainant to the OP.  Hence the complainant is not fall under the definition of Consumer, as defined in section 7 of the Consumer Protection Act, 2019.

6.             Keeping in view the above discussion, the present complaint is not maintainable and same deserves to be dismissed and 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.

Dated:08.05.2023

                                                               President,

                                                     District Consumer Disputes

                                                    Redressal Commission, Karnal.

 

(Vineet Kaushik)  (Dr. Rekha Chaudhary)

     Member                  Member