BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.
Complaint no.189/16.
Date of instt.: 04.07.2016.
Date of Decision: 06.04.2017.
Ganga Singh S/o Sh. Ram Singh, R/o Village Narwalgarh (Batta), P.O. Sajuma, Tehsil & Distt. Kaithal.
……….Complainant.
Versus
- Uttari Haryana Bijli Vitran Nigam Ltd., Sub Division ‘O.P.’, Kalayat, Tehsil Kalayat, Distt. Kaithal through its S.D.O., ‘O.P.’
- Uttari Haryana Bijli Vitran Nigam Ltd., through its Secretary, Sector-6, Shakti Bhawan, Panchkula.
..……..Opposite Parties.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before: Sh. Jagmal Singh, President.
Sh. Rajbir Singh, Member.
Smt. Harisha Mehta, Member.
Present : Sh. Devinder Singh, Advocate for complainant.
Sh. Karan Gaur, Advocate for the opposite parties.
ORDER
(JAGMAL SINGH, PRESIDENT).
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he applied for electric tubewell connection with the Ops vide application No.4158-AP dt. 18.07.2009 and completed all the required formalities as per direction of the Ops alongwith deposit of security amount dues vide receipt No.372/017034. It is further alleged that despite repeated requests and representations, the Ops did not release the tubewell connection to the complainant and rejected the above-said application of complainant wrongly and illegally. This way, the Ops are deficient in service. Hence, this complaint is filed.
2. Upon notice, the opposite parties appeared before this forum and filed reply raising preliminary objections with regard to maintainability; cause of action; locus-standi; jurisdiction; sthat the complainant has concealed the true and material facts from this Forum. The true facts are that the application of complainant was duly processed by the office of answering Op No.1 and in pursuance of aforesaid application, the complainant vide demand notice bearing memo No.716 dt. 15.08.2011 was required to deposit requisite amount for installation of the tubewell connection but the complainant did not bother to deposit the amount in pursuance of demand notice dt. 15.08.2011 within stipulated period and as such, the same stands cancelled as per the rules and regulations of the Nigam. There is no deficiency in service on the part of answering Ops. On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.
3. In support of his case, the complainant tendered in evidence affidavit Ex.CW1/A and document Mark-C1 and closed evidence on 15.11.2016. On the other hand, the Ops tendered in evidence affidavit Ex.RW1/A and document Ex.R1 and closed evidence on 02.01.2017.
4. We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by the parties.
5. Ld. Counsel for the complainant reiterated all the points mentioned in the complaint. He argued that the complainant applied for electric tubewell connection with the Ops vide application No.4158-AP dt. 18.07.2009 and completed all the required formalities as per direction of the Ops alongwith deposit of security amount dues vide receipt No.372/017034. He further argued that despite repeated requests and representations, the Ops did not release the tubewell connection to the complainant and rejected the above-said application of complainant wrongly and illegally. Ld. Counsel for the complainant submitted a catena of authorities cited in 1993(3) CPJ page 270 (NC) titled as Haryana State Electricity Board Vs. Pirthi Singh; 1994(1) CPC page 671 (SC Haryana) titled as Mr. Bachan Singh Vs. HSEB and others; 1997(1) CPC page 68 (SC Punjab) titled as PSEB and others Vs. Balwinder Singh and 2005 CTJ page 1077 (SC) titled as PSEB Ltd. Vs. Zora Singh and others. On the other hand, ld. Counsel for the Ops argued that the application of complainant was duly processed by the office of Op No.1 and in pursuance of aforesaid application, the complainant vide demand notice bearing memo No.716 dt. 15.08.2011 was asked to deposit requisite amount for installation of the tubewell connection but the complainant did not bother to deposit the amount in pursuance of demand notice dt. 15.08.2011 within stipulated period and as such, the same stands cancelled as per the rules and regulations of the Nigam.
6. From the pleadings of the case, it is admitted case of the parties that the complainant had applied for an electric tubewell connection with the Ops vide application No.4158-AP dt. 18.07.2009. The Ops contended that regarding the above-said application No.4158-AP dt. 18.07.2009 a demand notice bearing memo No.716 dt. 15.08.2011 was issued to the complainant vide which he was asked to deposit requisite amount for installation of his tubewell connection but the complainant failed to deposit the same within stipulated period and as such, his application was cancelled as per the rules and regulations of the Nigam. The complainant had denied the issuance of any notice/demand notice by the Ops to the complainant. The Ops have produced only an abstract from a register, Ex.R1. To prove that the demand notice was issued to the complainant, it was necessary for the Ops to produce the office copy of the demand notice but the Ops have not produced the same on the file, the reasons are best known to them.
7. Thus, in view of above discussion, we hereby allow this complaint and direct the Ops to issue a fresh demand notice to the complainant regarding his application No.4158-AP dt. 18.07.2009 within 15 days from the date of copy of receipt of this order, after receipt of the demand notice, the complainant will fulfill the conditions of the demand notice within 30 days and after fulfillments of the conditions of demand notice by the complainant, the Ops are directed to release the tubwell connection in favor of the complainant under the application no.4158-AP dated 18.07.2009 under the earlier scheme within 30 days. No order as to costs. A copy of this order be sent to both the parties free of costs. File be consigned to the record room after due compliance.
Announced.
Dt.06.04.2017.
(Jagmal Singh),
President.
(Harisha Mehta), (Rajbir Singh),
Member. Member.
