Haryana

Panchkula

CC/171/2019

OM PARKASH. - Complainant(s)

Versus

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

PRIYA BAJAJ GROVER.

08 Apr 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	171 of 2019
Date of Institution	:	14.03.2019
Date of Decision	:	08.04.2022

 

 

Om Parkash son of Shri Partap Singh, resident of Village Guhna, District  Sonipat, at present residing at House No.187, Sector-12, Panchkula.

 

                                                                ….Complainant

Versus

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

2.     Executive Engineer, UHBVNL, Gohana(Sonepat).

3.     The Sub-Divisional Officer(OP), Sub-Urban, Sub-Division, UHBVNL, Farmana, District Sonepat.                                                                                                                                          ….Opposite Parties

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. Anil Kaliraman, Advocate, for the complainant.

                        Sh. Jagdeep Balyan, Advocate, for OPs No.1 & 3.    

                       

                                        ORDER

 

(Satpal, President)

1.              The brief facts of the present complaint are that the complainant had obtained a electricity connection vide account no.S34FM501029K(FM50-1029-K) and regularly making the payment of the  bill  to the department without any fault; the complainant  had gone out of country at Canada and had returned India on 16.10.2018 and after that had received telephonic information from office of OP No.3 that the electricity connection of the complainant had been  changed to some other place without any prior permission or intimation; when the complainant inquired about the said shifting of the connection to some other place, the official concerned did not give any satisfactory reply. The complainant after that made an application on 22.10.2018 to the OP No. 3 with the request to disconnect/surrender the said connection and further requested to refund the security amount, as the complainant was not using the said connection. Further, till date the said connection was not disconnected and used by some other person at some other place at the cost of the complainant; the Ops are issuing regular bills to the complainant; inspite of the fact that no connection exists at the place of the complainant and even the complainant had made request for disconnection of the said connection on 22.10.2018. Under the compelled circumstances, the complainant kept on making the payment of the said illegal bills raised by the department under protest. Ultimately, the complainant has served a legal notice dated 22.02.2019 upon the Ops but the Ops failed to comply with the said notice.  The Ops have adopted the unfair trade practice and deficiency in services. 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, OPs No.1 to 3 appeared through counsel and filed written statement raising preliminary objections qua the complaint is not maintainable; no locus standi; no cause of action; estoppels; concealed the true and material facts. On merits, OPs No.1 to 3 stated that the complainant applied for an electricity connection for the purpose of fisheries(horticulture electricity connection). Thereafter, an electricity connection bearing A/c No.FM50-1029-K was released in the name of the complainant and electricity meters, poles and wires were properly installed over the land comprised in khewat no.147 khata no.188, which was taken on lease till 08.11.2020 by the complainant. The said electricity connection was installed on Bhainswal Road near A-one Bhatta Company i.e. the above mentioned land. During the regular checking/ inspection of Sh. Ram Kumar, J.E., it was found that the span of five poles, 63KVA transformer, CT Meter and 3SWG ACSR were not found on the above mentioned site; when the said Ram Kumar, J.E. further enquired the matter, it was found tha the above mentioned transformer 63KVA was found in the fields i.e. killa no.1/14 of Sahab Singh etc. sons of Sh. Surat Singh, r/o VPO Guhna, Tehsil and District Sonepat. The fields of said Sahab Singh is situated at Guhna Mohana Road. In this regard, when the officials of the OPs approached the said Sahab Singh and his brother then Sahab Singh alongwith his brothers submitted an affidavit regarding illegal shifting of above mentioned transformer of the complainant. It is pertinent to mention here that the complainant himself has shifted the above mentioned transformer from its actual place to another place and also removed the poles and wires etc. from actual place wrongly and illegally without the permission and consent of the OPs. The OP No.3 has filed a criminal complaint against the complainant before SHO I & P, Rohtak, upon which a FIR No.2761 dated 29.10.2019 u/S 138 of Electricity Act was registered against the complainant. However, an application dated 22.10.2018 was given by the complainant requesting to disconnect the electric connections. Thus, there is no deficiency in service on the part of the Ops No.1 to 3 and prayed for dismissal of the present complaint.         

3.             To prove his case, the learned counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-4 in evidence and closed the evidence by making a separate statement. On the other hand, the learned counsel for the Ops No.1 to 3 has tendered affidavit Annexure R/A along with documents Annexure R-1 to R-11 and closed the evidence.

                During the course of arguments, the learned counsel for the complainant has submitted a copy of the findings qua  application filed on the CM Window as Mark ‘A’,  a copy of a letter written by the complainant to UHBVNL, Sonepat as Mark ‘B’, a receipt of penalty charges amounting to Rs.1,37,957/- as Mark ‘C’, photocopy of list showing the loss amounting to Rs.1,37,957/- caused to the OPs as Mark ‘D’, Copy of Bills as Mark ‘E’ and  Mark ‘F’, which are taken on record for the adjudication of the case in a proper and fair manner. The ld. counsel for the OPs has submitted a copy of letter, which shows that electric connection in question has been disconnected since 07.12.2020 and after deducting/adjusting the outstanding amount of Rs.21,380/- towards the complainant out of security amount of Rs.30,000/-, a sum of Rs.8,620/- is payable to the complainant as Mark ‘RB’ which is taken on record for the adjudication of the case in a proper and fair manner.  

4.             We have heard the learned counsels for the complainant and Ops No. 1 to 3 and gone through the entire record including the written arguments filed by the learned counsel for complainant, carefully and minutely.

5.             Admittedly, electric connection vide account no.FM-15-39 was provided by the Op No.3 to the complainant as per service connection order dated 16.09.2016(Annexure R-2) with its location on the Bhainswal Road near A-one Bhatta Company as  the complainant had taken some piece of land comprising in Khewat No.147 Khatta No.188 on lease till 08.11.2020. There was no dispute between the parties till the complainant lodged a complaint on 22.10.2018(Annexure C-1) with OPs mentioning that the said electric connection was shifted to some other location, while he was away from country, without his knowledge and consent. Vide said complaint(Annexure C-1), a prayer was made by the complainant to disconnect the said electric connection with immediate effect by refunding his security amount. Finding no response from the OPs, a legal notice dated 22.02.2019(Annexure C-3) with similar prayer, was served upon the OPs through Sh.Anil Kaliraman, Advocate.

6.             In reply, it has been admitted by the OPs that 63KVA transformer, CT Meter, 3SWG ACSR with span of five poles were found shifted, during the inspection of Ram Kumar, J.E., in the fields comprised in Killa no.1/14 belonging to Sahab Singh etc. sons of Sh. Surat Singh resident of VPO Guhna on Guhna-Mohana Road but it is submitted that said shifting of transformer etc. was done by the complainant himself without permission and consent of the OPs thereby causing revenue loss to the OPs. The learned counsel appearing on behalf of the Ops contended that several complaints were lodged with the Police against the complainant and ultimately an FIR No.2761 dated 29.10.2019 (Annexure R-11) u/S 138 of Electricity Act was registered against the complainant on the basis of complaint dated 16.09.2019 (Annexure R-9). It is contended that there is no lapse and deficiency on the part of the Ops.

7.             As stated above, shifting of the electric connection with transformer etc. from its initial site i.e. Bhainswal Road near A-one Bhatta Company to Guhna-Mohana Road in the field of Sahab Singh etc. sons of Sh. Surat Singh is an admitted factual position. It is also clear that the electric connection at new site i.e. Guhna-Mohana Road was/is not made functional as electric wires were not connected. The controversy is about the fact as to who had caused the shifting of said electric connection with transformer etc. from its initial site to Guhna-Mohana Road in the field of Sahab Singh etc. sons of Sh.Surat Singh. In this regard, the affidavit of Sahab Singh(Annexure R-7) is available on record and according to the contents of said affidavit, the land comprising in Killa No.1/14, where the transformer has been installed in a illegal manner without their knowledge and consent, was given on lease for cultivation, for three years,  to one person, namely, Bijender s/o Sh. Krishan. From the perusal of the said affidavit, it is found that no allegations regarding shifting of the transformer in the land comprising in Killa No.1/14 has been made against the complainant. Rather, it is found that land was leased for cultivation to another person, namely, Bijender s/o Sh. Krishan and thus, the contentions of the Ops leveling allegations against the complainant regarding shifting of the transformer, are false and baseless are false and incorrect.

8.             Apart from above, the findings qua complaint lodged on the CM window by the complainant are available on record in the shape of Mark ‘A’, wherein it is clearly stated that shifting of the electric connection with transformer etc. from its initial site to Guhna-Mohana Road was made by Sh. Bijender urf Joginder son of Sh.Krishan in the land taken by him on lease in connivance with some officials of the Electricity Department. It is further mentioned in the said finding Mark ‘A’ that said Bijender had committed the offence in connivance with some officials of the Electricity Department while shifting the transformer and said Bijender has been released on bail on 30.09.2020 by the Learned Court. It is further mentioned that said Bijender has deposited the penalty charges amounting to Rs.1,37,957/-, the receipt in respect of which is available on record as Mark ‘C’. The list showing the loss amounting to Rs.1,37,957/- by Ops is available on record in the shape of Mark ‘D’. Since, the culprit behind the shifting of transformer etc in question has been ascertained and loss as alleged by the OPs has also been deposited by the said person, the allegations leveled against the complainant are completely false, incorrect and baseless. At this stage, we deem it proper to mention here that the OPs No.2 & 3 were/are officially responsible to ensure the safety and security of all electric installations such as electric poles and transformer etc., which falls under their territorial jurisdiction. The shifting of transformer and electric poles etc., alongwith wires in the present case from its initial site to another site without any official permission  and necessary sanctioned, thereby causing a financial loss to the Ops, clearly reflects the lack of proper supervision and checking at the level of concerned J.E.s and OPs No.2 & 3. The totality of facts and circumstances of the present case leads us to irresistible conclusion that the Ops No.2 & 3 have utterly failed to perform their official duties and thus, it is concluded that there had been lapse and deficiencies on the part of the OPs while rendering services to the complainant; hence, the complainant is entitled to relief.

9.             Coming to relief, it is found that OPs are still raising the demand vide bill  Mark ‘E’ & Mark ‘F’ against the complainant despite the fact that the electric connection in question is out of order since its disputed shifting from its initial site to another site. On the other hand, the learned counsel for OPs as per Mark ‘RB’ has stated that electric connection in question has been disconnected since 07.12.2020 and after deducting/adjusting the outstanding amount of Rs.21,380/- towards the complainant, out of security amount of Rs.30,000/-, a sum of Rs.8620/- is payable to the complainant, if no other dues are found against the complainant. The contentions of the OPs do not seem to be correct as the demand against the complainant is still being raised as per Mark ‘F’. Since, the complainant had requested the OPs to disconnect his electric connection in question vide his application dated 22.10.2018 (Annexure C-1), there is no justification for the OPs to raise any kind of demand after the said date. Admittedly, a sum of Rs.4,055/- as per Annexure C-2, which was payable till 22.12.2018,  was deposited by the complainant. Thus, the complainant is entitled to the refund of full amount of security amounting to Rs.30,000/-. Apart from this, the complainant is also entitled to adequate compensation on account of mental agony, harassment and litigation charges. 

10.            As a sequel to the above discussion, we partly allow the present complaint with the following directions against OPs No.1 to 3:-

1. To refund a sum of Rs.30,000/- i.e. security amount, alongwith  interest @9% per annum to the complainant from the date of filing of the complaint till its realization.
2. To pay an amount of Rs.10,000/- to the complainant on account of mental agony and harassment.
3. To pay an amount of Rs.5,500/- to the complainant on account litigation charges.

 

11.            The OPs No.1 to 3 shall comply with the order within a period of 45 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 OPs No.1 to 3. 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:08.04.2022

 

 

 

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.

 

   Satpal

  President