Haryana

Karnal

CC/198/2016

Kuldeep Singh S/o Puran Singh - Complainant(s)

Versus

Uttri Haryana Bijli Vitral Nigam Limited - Opp.Party(s)

R.S. Chauhan

08 Jun 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.198 of 2016

                                                          Date of instt.01.07.2016

                                                          Date of Decision 08.06.2018

 

Kuldeep Singh aged 50 years son of Puran Singh, resident of village Tharri, Tehsil Assandh, District Karnal.

                                                                        …….Complainant.

                                        Versus

 

Uttari Haryana Bijli Vitran Nigam Limited, Sub Division no.2, Assandh District Karnal, through its SDO (OP) Shri Dalbir Singh.

                                                                     …..Opposite Party.

 

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

 

Before    Shri Jagmal Singh……President.

                Shri Anil Sharma……Member

 

Present:  Shri R.S. Chauhan Advocate for complainant.

                 Shri Yasbir Singh Advocate for OP.

                

 

ORDER:                     

         

                   (JAGMAL SINGH, PRESIDENT)

 

                 This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant is consumer of OP being beneficiary and present user of electricity connection bearing account no.WA-40-1232 for agriculture purposes and is running a Tubewell on that connection for irrigating his agriculture land since from last 10 years. The said connection was purchased by the complainant from one Kabal Singh son of Shri Avtar Singh. The complainant paying the current energy charges regularly. After the purchase of said electricity connection complainant went to the office of OP and requested to transfer the said connection in his name, but it was not transferred by the OP. The complainant also extended the load of the said transformer from 7.5 KVA to 16 KVA and also deposited the requisite amount with the office of OP for the extension of load of his tubewell connection. On 3.5.2016 some strangers stolen the said transformer from the agriculture land of the complainant and on 4.5.2016 the complainant moved an application of theft of said transformer to the OP and on said application an FIR bearing no.266, dated 5.5.2016 was lodged with Police Station Assandh, District Karnal. On 06.05.2016 the complainant also deposited an amount of Rs.13,245/- with the OP. The said amount was deposited by the complainant on account of replacement of new Transformer against the abovesaid tubewell connection. Thereafter, complainant again approached to the office of OP for the transfer of said connection in his name, when he deposited an amount of Rs.13,245/- as costs of the transformer with OP, when he came to know that the OP with malafide intention and in conspiracy with the said Kabal Singh and with some other persons wants to remove the said Transformer as well as tubewell connection of the complainant without any legal right, title or interest to do so. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who appeared and filed written statement raising preliminary objections with regard to maintainability; locus standi and cause of action; complainant is estopped by his own act and conduct; jurisdiction and concealment of true and material facts. On merits, it is submitted that the complainant is neither a consumer to the OP nor authorized user of said connection. Rather, the complainant has illegally shifted the tubewell connection bearing no.WA-40-1232 y from its actual site to his own land and as such the tubewell run by the complainant on the said connection is totally illegal. It is further submitted that the change of name of the consumer from one person to another person is a different matter, whereas shifting of existing electricity connection to another place is an illegal act. It is further submitted that the complainant has illegally shifted the tubewell connection in question from its original site to his own fields/land and now the complainant intends to get regularized the said illegal shifting by filing the present complaint. It is further submitted that on 23.06.2016 the site of tubewell connection in question was checked by the checking party of the department vide LL-1 429/701 dated 23.06.2016 and it has been found that the tubewell connection having account no.WA-40-1232 found using by the complainant by illegally shifting the site from original site to his own land. The videography of the said checking was also done by the checking party at the time of checking. It is pertinent to mention here that vide memo no.136/2016/344, dated 5.7.2016 the order of assessment has been issued for depositing Rs.30,000/- and Rs.30,000/- as compounding charges. It is further submitted that the report has been sent to the police for lodging FIR against the complainant. There is no deficiency in service on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.C1 and documents Ex.C2 to Ex.C6 and closed the evidence on 1.3.2018.

4.             On the other hand, OP tendered into evidence affidavit of Dalbir Singh SDO Ex.DW1/A and documents Ex.D1 to Ex.D10 and closed the evidence on 2.5.2018.

5.             We have heard the learned counsel for both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

6.             The learned counsel for complainant reiterated all the points mentioned in the complaint. He argued that the complainant had purchased an electricity connection bearing account no.WA-40-1232 for agriculture purposes from one Shri Kabal Singh son of Shri Avtar Singh, resident of village Tharri since the last 10 years and the complainant using the said connection, so the complainant is a consumer of the OP. It is further argued that the complainant had contacted the OP for transfer of the connection in his name but the OP has lingered on the matter on one pretext or the other. He further argued that complainant got extended the load of the transformer from 7.5 KVA to 16 KVA and also deposited the requisite charges for the extension of the load. He further argued that on 3.5.2016, the transformer of the said connection has been stolen and the complainant on 4.5.2016 moved an application regarding theft of the transformer and the OP got registered an FIR no.266 dated 5.5.2016 in the Police Station Assandh District Karnal. He further argued that on 6.5.2016 the complainant deposited an amount of Rs.13,240/- with the OP on account of replacement of new transformer. He further argued that now the OP with malafide intention and in conspiracy with said Kabal Singh and with some other person wants to move the said transformer as well as tubewell connection of the complainant without any legal right or title.

7.             On the other hand, learned counsel for OP argued that the complainant is not the consumer of the OP as the connection in question is not in the name of the complainant or his family members. He further argued that on 23.06.2016 the site of the tubewell connection in question was checked by the checking party of OP, vide LL-1 429/701 dated 23.06.2016 and it was found that the connection in question having been found using by the complainant by illegally shifting the same from its original site. The videography of the said checking was done. He further argued that vide letter no.136/2016/344 dated 05.07.2016, the order of assessment has been issued to the complainant for depositing Rs.30,000/- as compounding charges. He further argued that report for lodging FIR against the complainant has been sent to the police. He further argued that the area Incharge was directed to dismantle the illegal site. He further argued that notice under section 135 and 152 of the Electricity Act has been issued to the complainant as the matter involved is  theft of electricity so this Forum has no jurisdiction to entertain and try the present complaint. He further argued that the electricity connection neither can be purchased nor sold and the same can be issued only as per the rules and instruction of the department. He further argued that the complainant has filed a civil suit in the civil court at Karnal and in that civil suit the complainant has filed an application for restoration of electricity supply of the abovesaid account number. The said application for restoration has been dismissed by the court of Rekha, Addl. Civil Judge (Sr.Divn.) Assandh, vide order dated 19.7.2017. He further argued that complainant has filed an appeal against the said order dated 19.7.2017 and the same is pending in the Court of Shri Basruddin, Addl. District Judge, Karnal and is fixed for 19.7.2018. In this regard he has placed a copy of Zimni order dated 29.05.2018 at the time of argument. He further argued that the complainant has concealed these facts from this Forum, so the complainant is not entitled for the relief claimed and due to concealment of facts the complaint of the complainant be dismissed with heavy costs.

8.             From the pleadings of the parties, it is admitted by the complainant that the electricity connection in question is not in his name rather the same has been purchased by the complainant from one Shri Kabal Singh. The complainant has not produced any such instruction or law of the department of the OP that the electricity connection can be purchased and the purchasing of the connection is legal one. When there is no provision for purchase of electricity connection, therefore, the purchase of electricity connection by the complainant is illegal. The connection in question is not in the name of the complainant or his family members. The complainant was using the same illegally and a criminal case has been registered against the complainant for illegally using the said connection, so it cannot be said that the complainant was legally user of the said electricity connection. Hence the complainant is not the consumer of the OP.

9.             The OP has produced on record Ex.D-5, the copy of notice issued under section 135 and 152 of Electricity Act to the complainant which shows that the case was regarding the theft of the electricity. The OP has also placed a letter written to the police as Ex.D-6 regarding lodging of the FIR for stealing the electricity illegally. The OP has also placed on the record order of assessment by licensee of theft under section-135 of the Electricity Act as Ex.D-4. From all these documents, it is clear that the matter in question involves the theft of the electricity, therefore, this Forum has no jurisdiction to entertain and try the present complaint.

10.            The OP has placed on the file the photostat copy of order dated 19.07.2017 passed by Ms. Rekha, Addl. Civil Judge (Sr.Divn.) Assandh in civil suit no.249 of 2016 titled as Kuldeep Singh Versus Sub Divisional Officer, OP Sub Division-1, UHBVNL Assandh. From this order it is clear that the application moved by the complainant for grant of interim relief qua the restoration of electricity supply of account no.WA/40/1232 has been declined. At the time of argument the OP has produced the copy of zimni order of the appeal filed by the complainant against the order dated 19.07.2017 mentioned above and the next date in the said appeal is 19.07.2018. The complainant has not disclosed all these facts regarding filing of civil suit etc. in his complaint. Therefore, the complainant has concealed the true and material facts form this Forum and tried to mislead this Forum. Hence, the complainant is not entitled for any relief from this Forum.

11.            In view of the above discussion, we found no merits in the complaint and the same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 08.06.2018

                                                                       

                                                                      President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

 

                        (Anil Sharma)

                            Member