BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.
Complaint Case No.180 of 2020.
Date of institution: 26.06.2020.
Date of decision:22.03.2021.
Neelam Rani (aged-42 years), W/o Sh. Mange Ram, r/o Village Pai (48), Kaithal, District-Kaithal-136027 (Haryana).
…Complainant.
Versus
- U.H.B.V.N. through XEN, OP, Division Kaithal, Rajiv Gandhi Vidyut Sadan, Pehowa Chowk, Kaithal, District Kaithal (Haryana).
- Sub Divisional Officer “OP” S/Division No.1, UHBVN, Pundri, Tehsil-Pundri, District Kaithal (Haryana).
….Respondents.
Before: Sh. D.N.Arora, President.
Smt. Suman Rana, Member.
Present: Sh. Sunil Polist, 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 as after amendment under Section 35 of Consumer Protection Act, 2019 with the averments that the complainant is having agriculture land measuring 20 kanal in Village Pilani, so the complainant applied for agriculture electricity connection of 12.5 BHP on 06.02.2015 and also deposited an amount of Rs.1250/- vide application No.APP-64743 AP. It is alleged that the Ops issued a demand notice dt. 21.01.2019 to the complainant for depositing the amount of Rs.30,000/- and the complainant got deposited the said amount with the Ops. The Ops have issued a scheme to extension of load subject to deposit the fee, so the complainant applied for 25 HP instead of 12.5 HP and has also deposited the fee for this purpose. It is further alleged that the Ops have issued a letter on 03.06.2019 for depositing the final estimated amount i.e. Rs.62,972/- and the complainant fulfilled all the formalities with the Ops. Thereafter, it came into the notice of complainant that some villagers of Village Bhana got the same connection, whereas all these persons are the junior in merit. The complainant requested the Ops several times to release the connection but the Ops did not listen the genuine request of complainant. So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint.
2. Upon notice, the OPs appeared before this Commission 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 commission. The true facts are that in the year 2015, the complainant applied for tubewell connection in the office of Op No.1. Thereafter on 27.12.2018, the Hon’ble Chief Minister, Haryana announced that tubewell connections to all the applicants, who have applied for same upto 31.12.2018, shall be released. Thereafter, accordingly, Nigam vide sales circular No.U-06/2019 further amended vide Sale Circular No.U-10/2019 7 U-27/2019, decided to issue demand notice to all applicants who have applied for tubewell connection upto by 31.03.2019 subject to fulfillment of conditions laid down in ibid Sales Circular(s) by the applicants. As the applicant has also applied for tubewell connection in the year 2015 i.e. prior to 31.12.2018, so she was required to submit her consent in the shape of consent form along with requisite consent money of Rs.30,000/-, which amount was to be adjusted towards final cost of tubewell connection. It is pertinent to mention here that as per one of condition laid down in ibid Sales Circular(s), the complainant had to install 5 Star rated energy efficient pump-set to be provided by Nigam on subsidized rate subject to deposit of applicant’s contribution through Nigam’s web portal. The complainant has failed to deposit her contribution with Nigam towards purchase of aforesaid 5 Star rated energy efficient pump-set within stipulated time. As such, name of complainant could not be placed in seniority list prepared for release/installation of tubewell connection in consonance of Sales Circular No.U-06/2019 further amended vide Sales Circular No.U-10/2019 & U-27/2019. 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. Learned counsel for the complainant tendered into evidence affidavit, Ex.CW1/A and documents Anneuxre-C1 to Annexure-C10 and thereafter, closed the evidence on behalf of complainant.
4. On the other hand, learned counsel for the Ops tendered into evidence affidavit, Ex.RW1/A and thereafter, closed the evidence on behalf of Ops.
5. We have heard the learned Counsel for both the parties and perused the record carefully.
6. Admittedly, the complainant has applied for agriculture electricity connection of 12.5 HP on 06.02.2015 and also deposited an amount of Rs.1250/- vide application No.APP-64743 AP as per Annexure-C1 and subsequently, the Ops have issued the demand notice dt. 21.01.2019 to the complainant for depositing the amount of Rs.30,000/- and the complainant got deposited the said amount with the Ops as is clear from Annexure-C3. The Ops have issued a scheme to extension of load subject to deposit the fee, so the complainant applied for extension of load from 12.5 BHP to 25 BHP and has also deposited the fee for this purpose and the complainant further asserted that the merits of the complainant will be counted from 17.09.2015. Thereafter, the Ops have issued a letter on 03.06.2019 for depositing the final estimated amount i.e. Rs.62,972/- and the complainant deposited the same amount as per endorsement made on the Annexure-C5. Inspite of the depositing the whole of the amount, the Ops have not issued the agriculture electricity connection of the complainant. The Ops have submitted the sales circulars No.U-06/2019 dt. 22.02.2019, No.U-10/2019 dt. 14.03.2019 and U-27/2019 dt. 06.09.2019 at the time of arguments. Perusal of that circulars, it is mentioned that tubewell connection shall be released for the applications received upto 31.12.2018 for various ratings from 3 BHP to 30 BHP. The complainant has applied for the connection of 25 BHP much before 31.12.2018. So, the above-said circulars are covered the case of complainant. Ld. Counsel for the Ops argued on the point that the complainant is bound to purchase the motor 5 star rated energy efficient pump sets and smart control panel. He further argued that the complainant has to purchase the motor of the same company with whom the Ops have a contract. In this regard, ld. Counsel for the complainant made statement in this commission on 19.03.2021 to the effect that the complainant will purchase the motor of the company and submit the receipt of the same company in the department of Ops. Ld. Counsel for the complainant stated that as per the circular issued in the year 2019, it is clear that if any consumer has applied for the connection and before 31.12.2018, the Ops are bound to release the connection. On the other hand, ld. Counsel for the Ops argued that as per sales circular, the portal system has been adopted by the Nigam and when the portal will open, the complainant will apply on the portal system. Today, ld. Counsel for the Ops stated that portal has not been opened yet and when it will open, the complainant will apply the same as per circulars mentioned above. From the facts of the case, it is clear that the complainant has already applied for the agriculture electricity connection in the year 2015 i.e. before 31.12.2018. So far regarding the seniority, the complainant mentioned in para No.5 that the seniority will be counted from 17.09.2015 and the same has not been denied by the Ops in reply to that para. From the above-said facts and circumstances of the case and in the interest of justice, the complainant is directed to apply on the portal within 15 days if same is opened within 15 days from the date of order and the Ops will release the agriculture tubewell connection after applying on the portal as per above direction within 30 days. It is made clear that if the portal is not opened within 15 days, then the Ops will release the agriculture electricity connection within 30 days to the complainant after expiry of 15 days, from the date of passing of this order in a manual system as applied by the complainant for 25 BHP as per application of the complainant dt. 17.09.2015. It is also duty of the complainant to purchase the motor of the company according to the Ops department and he will submit the receipt of the same company in the department of Ops.
7. With the above-said directions, the present complaint is partly allowed accordingly with no order as to costs. A copy of said order be sent to the parties free of cost. File be consigned to record-room after due compliance.
Announced in open court:
Dt.:22.03.2021.
(D.N.Arora)
President.
(Suman Rana),
Member.
