Haryana

Karnal

CC/188/2021

Sarabjeet Singh - Complainant(s)

Versus

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

Sanjiv Kamboj

22 Apr 2021

ORDER

BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

 

                                                                     Complaint No.188 of 2021

                                                                     Date of instt. 26.03.2021

                                                                     Date of Decision: 22.04.2021

 

Sarabjeet Singh son of Shri Amrik Singh, resident of H.No.312-L, Model Town, Karnal, aged about 63 years.

                                                                             …….Complainant

                                      Versus

 

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

2.       Sub-Divisional Officer (OP), UHBVN Limited, Sub Urban, Sub-Division, Karnal.

                                                                   …..Opposite parties.

 

Complaint under Section 35 of Consumer Protection Act.

 

Before        Sh. Jaswant Singh………President.        

          Sh.Vineet Kaushik ………..Member

                    Dr. Rekha Chaudhary…….Member

 

Present:     Shri Sanjiv Kamboj, counsel for complainant.

         

          Today the case was fixed for consideration on the point of maintainability.

          Learned counsel for complainant submitted that the complainant is a consumer of OPs as he is having Domestic Electricity Connection. On 03.09.2018, meter installed at the premises of the complainant was replaced and OPs sent notices U/s 135 and 152 of Electricity Act by imposing penalty of ₹1,87,050/- and ₹20,000/- respectively. Aggrieved over this, complainant filed a civil suit which is pending adjudication before the learned Civil Judge (Junior Division), Karnal, wherein a stay order dated 18.10.2018 had already been passed restraining the OPs for recoverying the entire amount and not to disconnect the electricity connection of the complainant. The OPs were sending bill regularly upto July 2019 but after July 2019 till date no bill has been sent by the OPs, despite repeated requests by the complainant. Hence, prayed for admitting the present complaint and issue notice to the OPs.            

          Arguments heard. Record perused.

          Admittedly, a case pertaining to the matter in question has already been pending before the learned Civil Judge (Junior Division), Karnal and the stay order had already been passed there. At this stage, no fresh cause of action has arisen for approaching the complainant before this Commission. If the complainant has any grievances, then he can approach before the learned Civil Judge (Junior Division), Karnal, where the matter is already pending on the same cause of action. Moreover, the matter in question pertains to theft of energy which is not maintainable before this Commission being barred by Consumer Protection Act, 2019.

          Hence, keeping in view of the above discussioin, the present complaint is dismissed being not maintainable. Parties concerned be communicated of the order accordingly and file be consigned to the record room.

 

Announced
Dated: 22.04.2021

    President,         

District Consumer Disputes

Redressal Commission, Karnal.

 

 

(Vineet Kaushik)              (Dr. Rekha Chaudhary)                         

     Member                             Member