Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 470
Instituted on : 12.08.2022
Decided on : 01.07.2024
Smt. Vijay Luxmi age 62 years d/o Sh. Durga Devi the mother and Chaudhary Chand Ram Ex.Minister Haryana, R/o H.No.100/34 Vishal Nagar, Rohtak.
……….………….Complainant.
Vs.
- Uttar Haryana Bijli Vitran Nigam, Rohtak through its SDO Mrs. Manita, Division No.1, Rohtak.
- Uttar Haryana Bijli Vitran Nigam, Rohtak through its SDO Mr. Ashish Chouhan, Division no.3, Rohtak.
...........……Respondents/opposite parties.
Applciation for directing the respondent for providing the domestic electric connection at House no.100/34 Vishal Nagar known as Chaudhary Chand Ram Dairy, Rohtak.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.R.S.Kadian Advocate for the complainant.
Sh.Gourav Khurana, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Present application/complaint has been filed by the complainant with the averments that late Smt. Durga Devi, wife of Choudhury Chand Ram had filed a complaint vide complaint no.316 decided on 19.03.2015 vide which the respondents were directed to re-install the connection of the complainant. Opposite party had field an appeal in the Hon’ble State Commission, Panchkula which was decided on 28.05.2015 and the appeal was dismissed. Smt. Durga Devi wife of Chaudhary Chand Ram died after the decision of the above noted complaint and their daughter namely Vijay Luxmi was residing in the above said Dairy now residential house. Smt. Durga Devi and Chand Ram had transferred the above mentioned Dairy cum house in favour of Vijay Luxmi in a family settlement in the year 2013. The complainant was residing in this house during the lifetime of her parents since the year 2000. But the opposite parties have not provided the electric connection to the complainant despite the order of Hon’ble Court under the influence of her brother Sanjay who wanted to encroach the above said house of the complainant. Complainant moved several applications to the opposite party for providing the electric connection and an amount of Rs.4750/- was also deposited by the complainant but the same was rejected and the complainant again moved an application on 11.03.2021. It is further submitted that initially Chaudhary Chand Ram Dairy falls in the revenue estate of agricultural, therefore nominal charge of electric is to be paid. Subsequently the said area had come in the residential locality. Respondents being well aware of each and every fact had knowingly failed to comply with the order of Hon’ble Court. The complainant had applied for electricity connection second time on dated 03.06.2022 and deposited an amount of Rs.4825/- and the same has also been rejected. Hence this application/complaint and it is prayed that opposite parties may kindly be directed to provide the electric supply to the complainant, to pay the amount of penalty imposed by this Commission and by the Hon’ble State Commission Rs.2200/- + Rs.1100/- alongwith interest. It is further prayed that heavy penalty may pleased be imposed upon the respondents.
2. After registration of complaint notices were issued to the opposite parties. Opposite parties in preliminary objections of their reply has submitted that the AP connection was in the name of Smt. Durga Devi who is mother of complainant and thereafter the same was converted into NDS as per the sales circular issued by the higher authorities on the site in dispute at that time which comes under the area of office of respondent no.1. It is submitted that the aforesaid connection was PDCO by the Nigam due to arrears pending towards the consumer amounting to Rs.67765/- till 27.04.2010. After change of category from AP to NDS i.e. on 27.06.2010 vide RCO no.39/60 and total amount alongwith surcharge which is pending on the site in dispute amounts to Rs.131458/-. The complainant and her family members by misleading the Court on the basis of false documents able to get the order in their favour. As per the sale circular No.U-51/2007 AP Tariff shall be applicable only in case in which agriculture use is verified and as per the circular NDS Tariff is applicable instead of AP Tariff. It is further submitted that on the site in dispute Sh. Ashok Kumar husband of complainant was indulged in theft of electricity by way of direct joint on the aforesaid site in dispute. Regarding this, officials of the Nigam visited the site on 29.10.2020 and found that a 2/C black PVC connected to LT main of UHBVN(at fuse unit board) at one end and other and found connected with load for committing theft of electricity. It is submitted that regarding this, checking report was prepared and penalty amount alongwith compounding charges is imposed upon the site is of Rs.33385/-. Thereafter again on 01.03.2021 officials of the Nigam visited the site and found Ashok Kumar in direct theft of energy. No meter was found installed on the premises. Hence it is a case of direct theft of energy. Videography was done at the spot and officials of the Nigam imposed penalty to the tune of Rs.28817/- and Rs.4000/- as compounded charges. Thereafter on 09.03.2022 officials of the Nigam again visited the site and found the complainant indulged in direct theft of electricity. As per sales Circular or instructions from Nigam, no new connection can be issued on the site whose arrears are pending qua consumption or penalty amount and other charges of theft of electricity. In this way Nigam has rightly declined the request of the complainant for giving a new connection on the aforesaid site. The another reason to decline the request of complainant to issue new connection is that consumer did not enclose any sale deed on her name of the above said site and failed to show that she is owner of the site in dispute. It is submitted that the application dated 03.06.2022 was cancelled on 22.06.2022 due to the aforesaid reasons. There is no deficiency in service on the part of opposite parties and opposite party No. 1 & 2 prayed for dismissal of compliant with costs.
3. Ld. counsel for complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.CW1/B, Ex.CW1/C, Ex.D to Ex.U(except Ex.I) and closed his evidenced on 13.03.2023. Ld. Counsel for opposite party No.1 & 2 has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R9 and the evidence of opposite parties was closed by the order date 21.09.2023 of this Commission.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. The perusal of documents shows that Smt. Durga Devi wife of Sh. Chand Ram resident of H. No. 833/19, Ravi Dass Nagar, Rohtak filed complaint No.316 of 2010 before this Commission on dated 03.05.2010 and same was decided on 19.03.2015 and the copy of the same has been placed on record as Ex.CW1/C. As per para no.8 of this judgment, this Commission has disposed of the complaint by giving the direction that : “In view of the aforesaid findings and discussions it is directed that the opposite party shall re-install the connection of the complainant and shall charge the bills as per A.P.Connection tariff and overhaul the account of complainant w.e.f charging of bills on NDS basis by the opposite parties from the complainant to till date and issue a fresh bill. It is further directed that after overhauling the account of complainant, if any amount paid by the complainant accedes the fresh bill, the same shall be adjusted by the opposite parties in future bills of the complainant. Opposite parties are also directed to pay a sum of Rs.2200/-(Rupees two thousand two hundred only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision. Complaint is disposed of accordingly.”
Thereafter the respondent officials filed an appeal no.450 of 2015 before the Hon’ble State Commission, Haryana, Panchkula and the same was decided by the Hon’ble Presiding Member Sh.R.K.Bishnoi on 28.05.2015, which is placed on record as Ex.D. The relevant portion of the same is as under:
“The findings of the learned District forum are well reasoned based on law and facts and cannot be disturbed. Hence the appeal fails and the same is hereby dismissed. The statutory amount of Rs.1100/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.”
Thereafter the complainant moved several applications before the respondent officials for issuance of correct bill after considering the order of the District Commission as well as the State Commission. The complainant has placed on record copy of application Ex.L dated 30.11.2021. The complainant has also placed on record a copy of letter Ex.M dated 06.12.2021 issued by the SDO Operation Division no.1 to Legal Remembrancer, UHBVN, Panchkula and through this letter the respondent officials sought some advice from the office of LR regarding Court case of Smt. Durga Devi. The complainant has also placed on record copy of letter dated 17.11.2021 Ex.H for demand of electricity bill. Ex.O is the application dated 22.04.2022 to reinstall the electricity connection and for payment of electricity bill. Ex.R and Ex.S are the application forms for electricity connection which are attached with acknowledgement. Through Ex.R and Ex.S it has been proved that the documents were successfully uploaded on the website of the opposite party for new connection and requisite fee was deposited.
6. We have also minutely perused the written statement and affidavit filed by the opposite parties. The main contention of the opposite parties is that agricultural connection was disconnected as PDCO by the respondent officials due to arrear pending against the consumer as amounting to Rs.66765/- till 27.04.2010. It is further submitted that the category of the connection has been changed by the respondent from AP to NDS on 27.06.2010 vide RCO no.39/60 and in this way a total amount alongwith surcharge was due against the complainant was Rs.131458/-. It has been further submitted that there was stealing of electricity energy by the consumer and respondent officials prepared LL1 for 3 times. The consumer was found stealing electricity energy and respondent officials imposed a penalty on account of theft of electricity energy through 3 LL1 i.e. dated 01.03.2021 Ex.R3, 29.10.2020 Ex.R5 and 09.03.2022 Ex.R1. These checking reports have been prepared by the respondent officials against Smt. Vijay Laxmi and Ashok Kumar s/o Sh. Kartar Singh. It has been further submitted that as per sales circular no new connection can be issued on the site where arrears are pending qua consumption, penalty or other charges of theft of electricity energy etc. So it has been pleaded that Nigam has rightly declined the new electricity connection to the complainant. As per our opinion it is the prime duty of the respondent officials that when an appeal has been dismissed by the Hon’ble State Commission, in that situation the respondent officials should issue a fresh bill to the complainant Smt. Durga Devi or her legal heirs regarding the outstanding amount. The appeal has been dismissed by the Hon’ble State Commission on 28.05.2015 whereas the respondent officials have written a letter to the L.R. of the department for obtaining the advice on 06.12.2021 which is proved through the letter dated 06.12.2021 i.e. Ex.M. Meaning thereby the department itself was deficient to provide the effective services to the consumer. It is strange that the appeal has been decided in the year 2015 and the department has not issued any letter for depositing the arrear amount upto the year 2021. It is also observed that the electricity is the basic necessity and most of our day to day works depend upon the electricity. A common man’s life cannot be imagined without electricity. Hence it was the prime duty of the opposite party to issue a connection to the complainant after passing an order by the Hon’ble State Commission as well as this Commission but the opposite parties did not take any step for more than 6 years to provide the electricity connection to the complainant and till date has not provided the electricity connection to the complainant. Hence there is deficiency in service on the part of opposite parties.
7. In view of the facts and circumstances of the case we hereby allow the application/complaint and direct the opposite parties to comply with the order dated 28.05.2015 of Hon’ble State Commission and accordingly order dated 19.03.2015 of this Forum/Commission. It is further directed that opposite parties in addition to compliance of above orders shall also pay an amount of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
01.07.2024.
........................................................
Nagender Singh Kadian, President
..........................................
Tripti Pannu, Member.
……………………………….
Vijender Singh, Member
