Haryana

Karnal

EA/59/2017

Radhey Shyam - Complainant(s)

Versus

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

Rohit Gupta

11 Jan 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Execution No. 59 of 2017

                                                          Date of instt. 25.10.2017

                                                          Date of order 11.01.2019

 

Radhey Shyam son of late Shri Telu Ram resident of Ward no.3, Indri Tehsil & District Karnal.

                                                                    …….Complainant/DH

                                                Versus

 

1. UHBVN Ltd. through its SDO, Indri, Sub Division Officer Indri.

2. Shri Rajinder Kadian, Commercial Assistant c/o SDO, Indri Indri Division, Karna.

3. Shri M.L. Juneja, Indri, Sub Division, Karnal now retired through present SDO.

 

                                                                 …..Opposite Parties/JDs.

 

               Complaint u/s 12 of the Consumer Protection Act.      

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri Vinesh Vats Advocate for complainant/DH.

                  Shri Amit Munjal Advocate for OPs/JDs.

 

                   (Jaswant Singh President)

 

ORDER:                    

 

                        The present execution petition filed by the complainant/DH with the directions that OPs/JDs shall reduce the load of the complainant from 2.00 KW to 0.04 KW w.e.f.22.11.2002 i.e the date on which the complainant applied for reduction of his load. The OPs/JDs shall also refund the excess amount if any charged by the OPs on account of MMC treating his load as 2.00 KW instead of 0.04 KW within the period of 30 days from the date of this order. The OPs/JDs inspite of order passed by this Forum has not complied with till now and have intentionally and deliberately violated the order passed by this Forum and as such the OPs are liable to be prosecuted and punished as per the provision of section 25 & 27 of the Consumer Protection Act.

2.             Notice of this execution petition was given to the OPs, who appeared and filed its reply raising preliminary objections with regard to maintainability and present application is barred by limitation. It is stated that as the connection in dispute does not exist. In the matter already in execution was filed by the complainant/DH and the same was withdrawn by the complainant/DH himself after being fully satisfied. Now after almost 12 years long period complainant filed the execution with some ulterior motive which is at all not maintainable. It is pertinent to mention here that during the time complainant was also caught two times while abstracting energy illegally. Just to harass and humiliate the OP department, present execution petition is filed.

3.             The complainant/DH filed the application under section 25 & 27 of the Consumer Protection Act for complying the order passed by this Forum on 26.10.2005 and the previously application was withdrawn by the complainant/DH being fully satisfied. The premises of the complainant was checked by the JDs’ Department and during checking complainant was found in cognizable offence of theft of the Electricity under section 135 of Electricity Act and total penalty of Rs.2,36,504/- was imposed by the OPs/JDs. Complainant/DH refused to sign the LL1 dated 22.03.2015. Now complainant/DH filed the present application just to counter blast and just to harass the OPs/JDs. Hence, the present execution petition is not maintainable 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.

Announced

Dated:11.01.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                               Member