BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.

                                                     Complaint Case No.9 of 2019.

                                                     Date of institution: 10.01.2019.

                                                     Date of decision: 21.11.2019.

Karam Singh age 67 years son of Sh. Neki Ram, resident of Village Rasina, Tehsil and District Kaithal.

                                                                        …Complainant.

                        Versus

1. S.D.O. ‘OP’ UHBVN, S/D No.2, Pundri, District Kaithal.
2. XEN UHBVN, Pundri, Kaithal.
3. Uttar Haryana Bijli Vitran Nigam Ltd., Shakti Bhawan, Panchkula through its Chairman.

….Respondents.

Before:      Sh. D.N.Arora, President.

                Sh. Rajbir Singh, Member.

                Smt. Suman Rana, Member.

Present:     Sh. B.S.Mor, 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 is consumer of Ops vide electricity connection No.SP02-0055-H and has been paying the bills regularly.  It is alleged that the Op No.1 at the time of installation of electricity meter assured the complainant that fifty meter three phase cable will be given to the complainant as per rules and on the assurance of Op No.1, the complainant purchased the cable.  The officials of the Ops installed the electricity meter/connection and assured the complainant that as and when the electric three phase cable came in stock, they will replace the same with fresh one.  Thereafter, the complainant contacted the Ops several times for supply of three phase PVC wire and every time the Ops lingered on the matter on one pretext or the other.  The complainant made an application to the Ops for getting PVC wire as the earlier wire was not bearing the load of Atta Chakki and meter could burnt but the Ops did not take any step to look into the matter and refused to replace the cable.  During this process, the electricity meter of the complainant was burnt due to sole negligence on the part of Ops.  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 complainant has concealed the true and material facts from this Forum.  As a matter of fact, the electricity connection in dispute under Special Power (SP) category was initially installed in the month of April, 2017 at the cost of Nigam.  It is specifically submitted that the cost of material including 3 phase cable used in installation of connection in dispute was borne by the Nigam and not by the complainant as alleged by him.  Thereafter upon the request of complainant, the earlier cable being burnt was again replaced by the Nigam with the new cable that too at the cost of Nigam under special estimate.  The allegation leveled by the complainant regarding purchasing of cable by him and so called assurance of employees of the Nigma to provide him cable lateron, as alleged by the complainant are totally false and baseless; that 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-C1 to Annexure-C5 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-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 is having electricity connection No.SP02-0055-H.  According to the complainant, the officials of the Ops installed the electricity meter/connection and assured the complainant that as and when the electric three phase cable came in stock, they will replace the same with fresh one.  Thereafter, the complainant contacted the Ops several times for supply of three phase PVC wire and every time the Ops lingered on the matter on one pretext or the other.  The complainant made an application to the Ops for getting PVC wire as the earlier wire was not bearing the load of Atta Chakki and meter could burnt but the Ops did not take any step to look into the matter and refused to replace the cable.  It is clear that the complainant moved an application on 12.03.2018 to the Ops as per Annexure-C1 for installing the PVC wire because PVC wire becomes hot sometime and there was an apprehension of burnt of PVC wire which was installed by the complainant at his own expenses.  The above-said application was marked to the A.L.M. namely Sat Pal for checking of the premises and to give the report on 15.03.2018 and he made the report that there is requirement of 50 meter PVC wire and he submitted the report to S.D.O.  The S.D.O. has given the direction to A.L.M. for further necessary action.  Inspite of that, the Ops have failed to install the PVC wire.  Ultimately, the meter of complainant was burnt on 12.11.2018 and PVC wire and meter was changed on 27.12.2018 when the complainant moved an application to the C.M.Window on 13.12.2018 as per Annexure-C4.  The above-said facts have also been admitted by the Ops at the time of arguments.  However, the relief claimed by the  complainant is that the Ops may be directed to replace the burnt electricity meter with new one and to pay the cost of PVC wire which was installed by the complainant at his own expenses but there is no any evidence on the file that what amount was incurred by the complainant for purchasing the PVC wire at his own expenses.  The complainant has not specified in his complaint that due to non-installing of the meter, what loss has been occurred to the complainant that whether he could not run the atta chakki due to non-supplying of the electricity.  In the absence of any evidence, we cannot give the direction to the Ops to pay the cost of PVC wire as alleged by the complainant that he has installed the PVC wire at his own expenses.  In view of above facts and circumstances of the case, it is clear that the meter was burnt on 12.11.2018 and the meter was changed on 27.12.2018 after a period of 1½ months which shows that the Ops were negligent to perform their duties and they were duty bound to install the meter within three days as per the sales circular issued by the Nigam.  From the above-said discussion, it is clear that the complainant was harassed at the hands of Ops and he suffered mental pain and agony, so, he is entitled for compensation which is assessed as Rs.20,000/-.

7.             Thus, as a sequel of above discussion, we allow the complaint partly and direct the Ops to pay Rs.20,000/- to the complainant as compensation mentioned above.  Let the order be complied with within 30 days from the date of preparation of copy of this order.  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.:21.11.2019.

                                                                        (D.N.Arora)

                                                                        President.

(Suman Rana),           (Rajbir Singh)         

Member                             Member.