BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint Case No.80 of 2019.
Date of institution: 18.03.2019.
Date of decision: 03.02.2020.
Kewal Singh son of Sh. Pritam Singh, resident of Village Umed Pur Tehsil Siwan, Distt. Kaithal now at H.No.36, D.D.Colony, Kheri Markanda, Kurukshetra (M)No.9896308252.
…Complainant.
Versus
- The Chairman/Managing Director, UHBVN, Shakti Bhawan, Sector-6, Panchkula (Haryana).
- SDO UHBVN, Siwan.
….Respondents.
Before: Sh. D.N.Arora, President.
Sh. Rajbir Singh, Member.
Smt. Suman Rana, Member.
Present: Complainant in person.
Sh. Ramesh Rana, Advocate for the OPs.
ORDER
D.N.ARORA, PRESIDENT
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant applied for electric tubewell connection and deposited the security amount on 23.06.2016. It is alleged that in the year 2018, the Govt. installed a new scheme which is known as immediately tubewell connection and the complainant deposited an amount of Rs.1,00,000/- vide receipt dt. 20.03.2018 and Rs.1,58,852/- vide receipt dt. 20.03.2018. It is further alleged that the approved estimate items containing at Sr.No.4, 13, 14, 15, 18, 19 and 22 are not issued from the store of Nigam. The item No.4 worth Rs.1025/-, Sr.No.13 worth Rs.2889/-, Sr.No.14 worth Rs.1560/-, Sr.No.15 worth Rs.804, Sr.No.18 worth Rs.7260/-, Sr.No.19 worth Rs.120/-, Sr.No.22 worth Rs.1011/- and item at Sr.No.24- Four core cable 25 meter worth Rs.1600/- but the same issued from the store only 20 meter Rs.302/- extra charges from the complainant. Thus, in this way, an amount of Rs.14,989/- was deposited extra in approved estimate by SDO Siwan from the complainant. Apart from this, the complainant deposited an amount of Rs.6,000/- for installation of GO switch, but the switch used does not work properly and the complainant got repaired the same and incurred Rs.2500/- for the repair of GO Switch. The complainant requested the Ops to return the above-said amount but the Ops lingered on the matter on one pretext or the other. So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint. Hence, this complaint.
2. Upon notice, the OPs appeared before this Forum and contested the complaint by filing their reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; that the true facts are that all the standard items have been used for the installation of tubewell connection of complainant by the Ops as per the norms of UHBVN. All the items alongwith GO switch were used by the Ops as per the approved estimate and there is no deficiency in service on the part of Ops. On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.
3. The complainant tendered into evidence affidavit Ex.CW1/A and documents Annexure-A to Annexure-D and thereafter, closed the evidence.
4. On the other hand, the Ops tendered into evidence affidavit Ex.RW1/A and documents Annexure-R1 to Annexure-R6 and thereafter, closed the evidence.
5. We have heard both the parties and perused the record carefully.
6. It is an admitted fact that the complainant had applied for electric tubewell connection and deposited the security on 23.06.2016. It is also not disputed that the Govt. has floated the new scheme which is known as immediate tubewell connection scheme and according to that scheme, the complainant deposited the amount of Rs.1,00,000/- vide receipt No.91 on 20.03.2018 and Rs.1,58,852/- vide receipt No.92 dt. 20.03.2018. Accordingly, the tubewell connection was installed by the Op bearing account No.ST03-0724 dt. 29.05.2018. The main grievance of the complainant is that as per estimate mentioned in Annexure-R3, the approved estimate items containing at Sr.No.4, 13, 14, 15, 18, 19 and 22 are not issued from the store of S.D.O., UHBVN, Siwan and he has obtained the R.T.I. from the department. As per Annexure-C, the items have been drawn from the other sub division but they have not installed the items from their sub division. The complainant further alleged that the items mentioned at Sr.No. 4, 13, 14, 15, 18, 19 and 22 in the Annexure-R3 i.e. V-shape X Arm for the sum of Rs.1025/-, stay Set Comp. for the sum of Rs.2889/-, Stay wire 7.8 SWG for the sum of Rs.1560/-, Earthing Rod for the sum of Rs.804/-, 11 KV LA set for the sum of Rs.7260/-, LT Insulator for the sum of Rs.120/- and M.S. Cross X plate for stay set for the sum of Rs.1011/- have not been issued from the office of Sub Division Siwan and in this way, the amount of Rs.14,989/- was deposited by the complainant extra in approved estimate by S.D.O. Siwan and the same be returned to the complainant. Apart from this, the complainant further alleged that he deposited an amount of Rs.6,000/- for installation of GO Switch but the switch used did not work properly and he requested the Ops to repair the same but the same was neither repaired by the Ops nor refunded the amount of Rs.2500/- which were incurred by the complainant on its repair. At the time of arguments, this Forum made the query to the complainant whether he has any record or receipts from which it could be ascertained that he has paid the amount from his own pocket for completion of work of tubewell connection but he gave the reply that he has paid the amount to the contractor. From perusal of all the record available on the file, it is clear that there is no document or bill from which it could be ascertained that the complainant incurred Rs.14,989/- as extra amount or he incurred Rs.2500/- on the repair of GO Switch from his own pocket. Even there is no affidavit of contractor on the file which could prove that the complainant has paid the amount of the items to the contractor which was used for completion of work regarding tubewell connection. No other point is involved in the present case. Hence, there is no deficiency in service on the part of Ops.
7. Thus, as a sequel of above discussion, we find no merit in the present complaint and accordingly, the same is hereby dismissed. No order as to costs. A copy of said order be supplied to the parties free of costs. File be consigned to record-room after due compliance.
Announced in open court:
Dt.:03.02.2020.
(D.N.Arora)
President.
(Suman Rana), (Rajbir Singh)
Member Member.
