BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint Case No.174 of 2018.
Date of institution: 26.06.2018.
Date of decision:10.07.2019.
Harmeet Singh son of Lal Singh aged 61 years, resident of Ward No.2, Cheeka, Tehsil Guhla, Distt. Kaithal.
…Complainant.
Versus
- UHBVN Operation Sub Division Cheeka through S.D.O.
- UHBVN Operation Sub Division Cheeka through XEN.
- Secretary, UHBVN, Panchkula, Sector-6, Shanti Bhawan, Panchkula.
….Respondents.
Before: Sh. D.N.Arora, President.
Sh. Rajbir Singh, Member.
Smt. Suman Rana, Member.
Present: Sh. Gurdev Singh, Advocate, for the complainant.
Sh. Karan Gaur, 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 getting an electric tubewell connection on 24.08.2012 in the office of Op No.1 and deposited the security amount of Rs.1800/- vide receipt No.377 dt. 24.08.2012. It is alleged that the Ops directed the complainant to deposit an amount of Rs.1,20,506/- and the complainant deposited an amount of Rs.85,606/- vide receipt No.144 dt. 26.02.2016 and an amount of Rs.33,100/- vide receipt No.392. It is alleged that the name of complainant was at Sr.No.7 in the seniority list. The OPs have released the tubewell connection from Sr.No.1 to 6 and 8 to 16. It is further alleged that the Ops have released the tubewell connection to the persons whose names are junior than the complainant. The complainant requested the Ops several times to release the tubewell connection but the Ops did not do so. 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 maintainability and cause of action; that the complainant has concealed the true and material facts from this Forum. The true facts are that the complainant vide application bearing A&A No.61669 dt. 24.08.2012 applied for tubewell connection and the said application was duly processed by the office of SDO ‘OP’ S/Division UHBVN Cheeka and Service Connection order (SCO) bearing No.61 dt. 02.03.2016 was issued for release of tubewell connection but the tubewell connection of complainant could not be installed till 07.01.2017 due to non-drawn of complete material for installation of connection. Thereafter, Operation Division UHBVN, Guhla was declared as Dark Zone by Ground Water Cell Department under Govt. of India as intimated. 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 Ex.C1 to Ex.C19, Mark-CA to Mark-CF and thereafter, closed the evidence.
4. On the other hand, the Ops tendered into evidence affidavit Annexure-RW1/A and documents Annexure-R1 to Annexure-R5 and thereafter, closed the evidence.
5. We have heard the learned Counsel for both the parties and perused the record carefully.
6. Undisputedly, the complainant applied for getting an electric tubewell connection on 24.08.2012 in the office of Op No.1 and deposited the security amount of Rs.1800/- vide receipt No.377 dt. 24.08.2012. According to the complainant, he deposited an amount of Rs.85,606/- vide receipt No.144 dt. 26.02.2016 and an amount of Rs.33,100/- vide receipt No.392. The grievance of the complainant is that the Ops did not release the tubewell connection to the complainant.
On the other hand, the Ops contended that Operation Division UHBVN, Guhla was declared as Dark Zone by Ground Water Cell Department under Govt. of India and the Nigam also circulated Sales Circular No.U-06/2017 and decided not to release any tubewell connection in the area of Operation Division UHBVN, Guhla being Dark Zone. The ld. counsel for the Ops has drawn our attention towards the Annexure R2 and Annexure R3 in this regard.
7. We have perused the letter dt. 06.01.2017 written by the Superintending Engineer, Operation Circle, UHBVNL, Kaithal to XEN, Operation Division, UHBVNL, Pundri Annexure R2 and sales circular No.U-06/2017 Annexure R3 and from perusal of said documents, it is crystal clear that the Nigam has issued instructions regarding not releasing any tubewell connection in the area of Operation Division UHBVN Guhla being Dark Zone. The complainant had to knock the door of the court/forum within a reasonable time but he approached this Forum after the lapse of three years. Meanwhile the department has issued the above-said instructions and declared the Guhla area being Dark Zone, so the above-said circular is fully applicable in the instant case. So, we are of the considered view that if this Forum give the direction to the Op at this stage for releasing the tubewell connection which would be violation of the above-said sales circular. The Ops have not released the connection in view of the above-said instructions. Hence, this Forum is of the view that there is no deficiency in service on the part of Ops. Undisputedly, preamble of the Consumer Protection Act, 1986 is benevolent in nature but it does not give any liberty to anyone who wants to take undue benefit of Consumer Protection Act, 1986.
8. 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.:10.07.2019.
(D.N.Arora)
President.
(Suman Rana), (Rajbir Singh)
Member Member.
