Haryana

Panchkula

CC/332/2020

HARBANS SINGH. - Complainant(s)

Versus

UTTAR HARYANA BIJLI VITRAN NIGAM LTD. - Opp.Party(s)

NEHA GAUR

25 Nov 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	332 of 2020
Date of Institution	:	02.11.2020
Date of Decision	:	25.11.2022

 

 

Harbans Singh, aged 48 years, son of Shri Manak Ram, resident of village Tharwa, Tehsil and District Panchkula.

 

                                                                ….Complainant

Versus

Uttar Haryana Bijli Vitran Nigam, through its Sub-Divisional Officer(Operation), Barwala, Tehsil and District Panchkula.

                                                                                                                                                                                                ….Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019.

 

Before:              Sh.Satpal, President.

Dr.Pawan Kumar Saini, Member.

Dr.Sushma Garg, Member.

 

 

For the Parties:   Sh. Sanjeev Kumar, Advocate, for the complainant.

                        Sh.Y.P.Rana, Advocate alongwith Sh.Ashish Chopra,                                 SDO, UHBVNL, Barwala.      

                       

                                        ORDER

 

(Dr.Pawan Kumar Saini, Member)

1.              The brief facts of the present complaint are that the complainant had applied for domestic connection for his residential house vide his application no.A24-820-52 dated 11.08.2020 and deposited the requisite amount. Thereafter, the complainant visited the office of Ops on so many occasions in connection with his application for release of domestic electricity connection but every time the officials of the Ops put off the matter on one pretext or the other. Being aggrieved with the Ops, the complainant also report the said matter to the C.M.Grievance Redress and Monitoring System Haryana Chief Minister Office on 08.09.2020 but the Ops did not release the domestic connection of the complainant till date.  Due to act and conduct of the OPs, the complainant has suffered mental agony, physical harassment and financial loss; hence, the present complaint.

2.             Upon notice, OP appeared through counsel and filed written statement raising preliminary objections qua the complaint is not maintainable; no locus standi; estoppels; the complainant has not come with clean hands and suppressed the true & material facts. It is submitted that in the month of August 2020, the complainant had applied for a new electricity connection bearing application no.A24-820-52 dated 11.08.2020. Subsequently after the receipt of the application of the complainant, the OP had sent Shri Baljinder Singh, JE alongwith line staff Malkeet Singh visited the site where the new electricity connection was to be installed on 31.08.2020 but at that time, it was transpired that an electricity meter bearing connection no.NB35-2775 was already installed in the name of Nanak Singh son of Chajju Ram and an amount of Rs.37,759/-is outstanding pertaining to the said connection/ premises. It is submitted that as per sale circular no.U-03/2013 dated 16.01.2013 of the OP, the new connection cannot be released/installed  on the defaulting premises and due to this reason, the new electricity  connection was not granted to the complainant on the said defaulting premises  as there is  outstanding amount of the OP towards the said connection. The OP had informed the complainant that the abovesiad amount is outstanding against the said premises  and  it was also orally informed to the complainant that if he make the payment of outstanding  amount of defaulting premises, then the new  electricity connection can be released to him but till date no amount has been deposited with OP. On merits, pleas and assertions made in the preliminary objections have been reiterated and it has been prayed that there is no deficiency in service on the part of the OPs No.1 & 2 and as such, the complaint of the complainant is liable to be dismissed.

3.             To prove the case, the learned counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 & C-9 in evidence and closed the evidence by making a separate statement. On the other hand, the learned counsel for the OP has tendered affidavit Annexure R-A along with documents Annexure R-1 & R-2 and closed the evidence.

4.             We have heard the learned counsels for the complainant and OPs and gone through the entire record available on file, carefully and minutely.

5.             The issue in the present complaint is about the release of new domestic electric connection to the complainant as applied by him vide application dated 11.08.2020. As per complainant, all the necessary papers along with requisite fee has already been deposited with the OP but the electric connection has not been released to him so far.

6.             On the other hand, the OP has resisted the prayer of the complainant qua the release of new connection on the sole ground that the premises/site, where the complainant has applied for new connection, is defaulting one as the earlier consumer, namely, Nanak Singh s/o Chajju Ram having electric connection no.NB35-2775 had defaulted while not paying the outstanding amount of Rs.33,942/(as per report of J.E.) against him. The learned counsel on behalf of the OP while reiterating the averments made in the complaint as well as affidavit R-A and Annexure R-1 & R-2 vehemently contended that a sum of Rs.37,759/- was found outstanding qua electric connection no.35/2775, in the name of earlier consumer, namely, Nanak Singh s/o Sh. Chajju Ram, where the present complainant has applied for new electric connection. It is contended that the OPs were justified in not releasing the new connection to the complainant, in view of the sale circular dated 16.01.2013 (Annexure R-2), which provides that reconnection or new connection shall not be given to any premises where there are arrear of any account due to the Nigam unless these are cleared in advance and if new owner/allottees remits the amount due from the previous consumers, the Nigam(OP) provide reconnection/new connection depending upon facts. The learned counsel concluded the arguments contending that new connection cannot be issued to the complainant unless dues/outstanding amount qua premises in question are cleared by the complainant.

7.             The guidelines issued by Chief General Manager Commercial UHBVNL, Panchkula vide sale circular no.U-03/2013 dated 16.01.2013 (Annexure R-2) are not disputed. However, to adjudicate the controversy involved qua the site in question, it is necessary to ascertain and find out whether the premises or site, for which the complainant has applied for new connection, and the site, where the allegedly defaulting electric connection no.NB35-2775 in the name of Nanak Singh, s/o Chajju Ram, is the same. The sole defence of OP is based upon the site inspection report(Annexure R-2), which upon close perusal does not indicate in any manner that it is the same site, for which the complainant has applied for getting the new connection. The complainant has attached an application(Annexure C-2), which was certified by the Sarpanch of the Gram Village Tharwa, Tehsil and District Panchkula to the effect that  the complainant is the owner in possession of the plot falling in Lal Dora Village Tharwa. The said application is supported with the site plan (Annexure C-3). The OP in order to justify its action of denying the new connection to the complainant has to place on record the site plan of the alleged defaulting electric connection in no. NB-35-2775. Neither the concerned JE while preparing the site verification report(Annexure R-1) nor the OP while filing the written statement has bothered to submit the site plan of the defaulting electric connection. In the absence of said site plan, it is just a figment of the imagination of the OP to content that the complainant has applied for the defaulting premises wherein the said electric connection no.NB-35/2775 in the name of Nanak Singh, s/o Chajju Ram was installed; therefore, we find no valid reason on the part of the OP to deny the new connection to the complainant and thus, the OP was deficient while rendering the services to the complainant.

8.             As a sequel to the above discussion, we partly allow the present complaint with the following directions:-

1. The OP is directed to release the electric domestic connection to the complainant on the basis of application dated 11.08.2020 filed by the complainant subject to the deposit of requisite fee and completion of necessary formalities by the complainant.
2. The OP is directed to pay a sum of Rs.5,000/- to the complainant on account of mental agony and harassment.
3. The OP is directed to pay a sum of Rs.5,500/- to the complainant on account litigation charges.

 

9.             The OP  shall comply with the order within a period of 60 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

Announced: 25.11.2022

 

 

 

Dr.Sushma Garg          Dr. Pawan Kumar Saini            Satpal

                Member                     Member                     President

 

Note: Each and every page of this order has been duly signed by me.

 

Dr.Pawan Kumar Saini

        Member