Haryana State Electricity Board through its Sub Divisional Officer, Bhatgaon, Sonepat

[Sidhant]

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDGIARH





R.B.T. No.1324 of 2008

In Appeal No.2700 of 2002



1. Haryana State Electricity Board through its Sub Divisional Officer, Bhatgaon, Sonepat.

2. The JE, HSEB, Bhatgaon, Tehsil and District Sonepat.

3. The Executive Engineer, HSEB (Operation Divn.), Sonepat.

4. The Chairman, HSEB, Shakti Bhawan, Panchkula (Haryana).



..…Appellants.
Versus



Sh. Anand Singh son of Sh. Charan Singh resident of Village Rattangarh, Tehsil and District Sonepat.

..…Respondent



BEFORE: HON’BLE MR. JUSTICE PRITAM PAL, PRESIDENT.

MAJ. GEN. S. P. KAPOOR (RETD.), MEMBER.



PRESENT: Sh. Anil Kumar Gahlawat, Advocate for the appellants.

Sh. Vikrant Hooda, Advocate for the respondent.



MAJ. GEN. S. P. KAPOOR (RETD.), MEMBER.

1. This is an appeal received by transfer from Haryana State Consumer Disputes Redressal Commission against order of District Consumer Disputes Redressal Forum, Sonepat (for short hereinafter to be referred as District Forum) dated 24.7.2002 passed in complaint case No.203 of 1996 : Sh. Anand Singh Vs. SDO, HSEB and others.

2. Briefly stated the case of the complainant is that he is an agriculturist having electricity connection bearing No.RG-4/40 for the purpose of running a tube well to irrigate his land. It is alleged that the stay wire of the poles standing in the fields of the complainant had been fully damaged since 5.4.96 and due to that no electricity supply was provided to the complainant and consequently, he failed to irrigate his land and therefore, suffered due to a poor crop. It is further stated by the complainant that OPs did not pay any heed to his request to rectify the line and the complainant received a bill for Rs.355/- on average rate payable by 6.5.96. The complainant was surprised to find this bill as there was no electricity being provided to him and therefore, OPs did not have any right to issue such a bill. However, earlier than this, a bill for a sum of Rs.717/- had been received by him on average rate on 5.4.96, which had been duly paid by the complainant. The main allegation of the complainant is that bill for the sum of Rs.355/- issued on average rate was illegal and arbitrary and without any justification. The complainant also sent a legal notice dated 17.5.96 to the Ops but to no avail and hence, this complaint.

3. The version of OPs was that the stay wire of the poles were in good condition and electricity current was going through properly and in fact for the period 4/96 to 10/96, the complainant was liable to pay a sum of Rs.2,678/- for the consumption of electricity, which he had failed to pay and only to save his skin, he had filed this complaint.

4. During the litigation, the learned District Forum had appointed Sh. G. R. Wahi, SDO, Sonepat as a Local Commissioner vide order dated 5.11.1997. Sh. Wahi submitted his report vide Memo No.1183 dated 13.11.1997 wherein he had mentioned that electricity connection was provided by H.S.E.B up to the shed of the complainant but there was no current found in the line feeding the tube well. Since, OPs failed to produce any evidence contrary to this, the learned District Forum directed the OPs to compensate the complainant by payment of Rs.30,000/- and also quashed the bill of Rs.355/-. The directions of the learned District Forum were to be complied with within 30 days from the date of the order.

5. Aggrieved by the said order of learned District Forum, the OPs had filed the present appeal before the Haryana State Commission and the same has now been transferred to this Commission under the orders of Hon’ble National Consumer Disputes Redressal Commission, New Delhi. Sh. Anil Kumar Gahlawat, Advocate appeared on behalf of the appellants/OPs whereas Sh. Vikrant Hooda, Advocate represented the respondent/complainant.

6. Sh. Anil Kumar Gahlawat, Advocate, learned counsel for the appellants submitted that he has not been provided any documents or evidence to prove that there was proper electricity current in the line providing electricity to the complainant.

7. At this stage, learned counsel for the respondent submitted that OPs were refusing to accept the current bills from the complainant and prayed that they be directed to receive the same.

8. In this view of the matter, we find that the learned District Forum has correctly reached a conclusion based on the report of the Local Commissioner who is also an official of the OP Department that the complainant had not been provided electricity for the period alleged in the complaint. We, therefore, find no infirmity with the impugned order and also find no force in the appeal filed by the OPs.

9. Consequently, the appeal is dismissed as it lacks substance and the impugned order is sustained being just, fair and legal.

10. Copies of this order be sent to the parties free of charge.

Pronounced.

9th July 2009.

Sd/-

[JUSTICE PRITAM LAL]

PRESIDENT



Sd/-

[MAJ. GEN. S. P. KAPOOR(RETD.)]

MEMBER

Ad/-

[Unregistered]

Haryana state electric board is deeply sleeping. A pole in Tanlri village is hanging in front my home and children ping on it till 9 month. I am a serviceman and can't go to my home. My mother ring to me about this proble. Many electrician of HSEB, Village Serpanch Panch and other villagers are seeing. I should go to my village and take Lathi Charge.

[satbeer singh]

hello sir i am satbeer singh (sarpanch) from Nand Rampur Bass District Rewari (haryana). we all villagers are suffering from power cut. there is only 3-4 hours electricty in 24 hours. same thing happen in nearly all villages. small kids cann,t sleep well,job workers cann,t take rest properly,womens also suffering from these power cuts... just put yourself in our place and think about it....plz solve this problem as early as possible...we will be heartly thank full to you.....