Haryana

Panchkula

CC/51/2021

PARMANAND. - Complainant(s)

Versus

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

YAGYA DUTT SHARMA & BRIJ BHUSHAN SHARMA.

25 Nov 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	51 of 2021
Date of Institution	:	28.01.2021
Date of Decision	:	25.11.2022

 

 

Parmanand aged about 61 years son of Sh. Dhani Ram resident of Village Batera, Sub-Tehsil Morni, District Panchkula.

                                                                ….Complainant

Versus

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

2.     SDO Operation, Sub Division, UHBVNL, Raipur Rani, District       Panchkula.                                                                                                                                                                                       ….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.Yagya Dutt Sharma, Advocate, for the complainant.

                        Sh.Y.P.Rana, Advocate for OPs No.1 & 2 along with Sh.                    Ayush Garg, SDE, UHBVN, Raipur Rani.  

                       

                                        ORDER

 

( Per Satpal, President)

1.              The brief facts of the present complaint are that the Govt. of Haryana had issued about 14000 domestic connections to the BPL families under Rajiv Gandhi Grameen Vidutikaran Yojna. The Shivalik Vikas Board had sanctioned 2 crores 15 lakh to electrify 110 dhania of the Morni Hills. The complainant had applied for new electricity connection vide application no.A-25/418-9 dated 04.04.2018 and had completed all the formalities and deposited the security etc.  The agents of the OPs left a meter at the house of the complainant with the assurances that they will bring the wire and release the connection to the complainant but he did not turn up and the complainant has received a bill no.00634 dated 17.06.2018 for Rs.271/- showing account number of the complainant as RD13-1686-H. The complainant brought the matter of issuing bill without providing electricity connection to OP No.2 i.e. SDO Raipur Rani and he stated that they will release the connection to the complainant soon. It is also stated that the complainant received bill nos.00631, 00630 on 17.12.2018 & 19.01.2019 of Rs.790/- & 892/- respectively without providing connection to the complainant. A news item was also published in the Dainik Bhaskar. The complainant time and again requested the Ops to release a connection to the complainant but the Ops were putting of the matter on the one pretext or the other. The complainant again made an application in December 2020 to the SDO Raipur Rani but of no use.  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 & 2 appeared through counsel and filed written statement raising preliminary objections qua the complaint is not maintainable; no locus standi and the complainant has not come with clean hands and concealed the true & material facts.  It is stated that the complainant had applied for domestic connection vide application no.A25-418-9 dated 04.04.2018 and he had also deposited an amount of Rs.2,350/- on 05.04.2018 vide receipt no.LSM36193057-278. Thereafter, as per the rules of the Nigam, the officials of the Ops released the connection on 20.04.2018 vide bill meter make L & T, Sr. No.75017853, Cap10-60 Amp R-00. After that the officials of the OPs visited the site where the said meter was to be installed but the officials of the Ops noted that the site where the electricity connection was to be installed is not as per the inspection site/report. Therefore, the officials of the Ops has not installed the connection over the same and returned back from the site. It is further submitted that as per Sale Circular No.U-34/2016, 150 meter line will be erected  on the Nigam’s cost and if the line across 150 meter then the consumer has to make the payment of the line as per the estimate given by the Nigam. In case of the complainant, the house of the complainant is situated at the distance  of 360 meter from the main electrical pole, therefore, as per the rules of the Nigam, only 150 meter line will be erected at the cost of the Nigam and rest of the line has to be paid by the complainant at the rate of Rs.175/- per meter(i.e.210 meter x 175). After that the officials of the Ops vide notice memo no.306 dated 14.01.2019 requested  to deposit the amount of Rs.36,750/-  as estimated cost of line and the said notice was duly received by the complainant but despite the receiving of the same, he has failed to comply with the same and had not deposited the said amount. Therefore, the electricity meter was taken back from the site. It is further submitted that the electricity connection will be released to the complainant as and when the estimated cost of the line will be deposited with the department. It is further submitted that as per the rules of the Nigam, the system of the Ops had issued the bill in the name of the complainant vide account no.RD131686H but later on the same was withdrawn by the Ops. 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 complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 & C-7 in evidence and closed the evidence by making a separate statement. On the other hand, the learned counsel for the Ops No.1 & 2 has tendered affidavit Annexure R-A along with documents Annexure R-1 to R-4 and closed the evidence.

                During the course of arguments, Sh. Ayush Garg, SDO placed on record site inspection report according to which the electric line is to be remitted for a distance of 1210mtr in the case of connection from exceeding line belonging to Sub-Division, Raipur Rani and a distance of 700mtr. in the case of erection of electric line from the exceeding line belonging to Sub-Division, Panchkula, which is taken on record as Mark ‘A’ & ‘B’ for the adjudication of the controversy in a proper and fair manner.

4.             We have heard the learned counsels for the parties and gone through the entire record available on file including written arguments filed by the complainant, carefully and minutely.

5.             The complainant has claimed the release of new domestic connection to him under BPL category, on the basis of his application no.A-25-418-9 dated 04.04.2018. During arguments, the learned counsel for the complainant  reiterating the averments made in the complainant as also in affidavit Annexure C-A and Annexure C-1 to C-7 has prayed for acceptance of the complaint by granting the relief as claimed for in the complaint.

6.             The Ops have resisted the complaint stating that the electric connection as prayed for was released on 20.04.2018 vide bill meter L & T, Sr. No.75017853, Cap10-60 Amp R-00 but the mis-match was found between the site report as appended by the complainant with the complaint vis-a-vis the actual site, where the electric connection was to be installed, and thus, the electric meter could not be installed. The learned counsel has contended that an expenses incurred up to the erection of 150m line are to be borne as per sale circular no.U-34-2016 by OPs and expenses incurred on the erection of electric line exceeding 150m from the electric pole, are to be borne by the concerned consumer. It is contended that the complainant was asked to deposit a sum of Rs.36,750/- vide memo no.306 dated 14.01.2019 as estimated cost likely to be incurred in the erection of line exceeding150m but the same was not deposited by him. It is also contended that the electric bill as raised by OP have also been withdrawn.

7.             On the last date of hearing i.e. 07.06.2022, the learned counsel for OPs was requested to ask the concerned official/officer to remain present on 21.09.2022 for adjudication of the controversy between the parties in a proper and fair manner. On 21.09.2022, Sh. Raj Kumar JE and Sh.Jaswinder SDC, attended the court and they were asked to submit the site inspection report clarifying the distance between the house of the complainant and the main electric line from where the new connection is to be given. On 14.11.2022 i.e. today Sh.Ayush Garg, SDO has placed on record the site inspection report, Mark ‘A’ & ‘B’, according to which, the electric line is to be erected for a distance of 1210mtr in the case of connection from electric line belonging to Sub-Division, Raipur Rani and a distance of 700m, in the case of erection of electric line from the electric line belonging to Sub-Division, Panchkula. Since the work pertaining to erection of line exceeds 150m from the house of the complainant, the OPs are justified to raise the demand from the complainant qua the expenses likely to be incurred beyond the 150m.  It is the specific averments of the OP No.2 in para no.3 of the written statement and affidavit Annexure R-A that the complainant is liable to make the payment for the erection of electric line for 210mtr. @ Rs.175/-. As per para no.4 of the written statement and affidavit Annexure R-A, it is specifically averred that the complainant was asked to deposit a sum of Rs.36,750/- vide notice no.306 dated 14.01.2019 as estimated cost of line. In view of the specific averments as discussed above about the expenses likely to be incurred in the erection of electric line from the pole, we deem it fair and justified to direct the OPs to release the connection to the complainant, if he deposits the said amount of Rs.36,750/- with the Ops and the Ops are ordered accordingly. Thus, the present complaint is disposed of as directed above. 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.

 

   Satpal

  President