BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.
Complaint no.90/15.
Date of instt.: 11.05.2015.
Date of Decision: 02.09.2016.
Rajinder Kumar son of Sh. Jagar Singh, resident of Village Kurar, Tehsil Kalayat, Distt. Kaithal.
……….Complainant.
Versus
- Sub Divisional Officer, UHBVN Ltd., Sub Division No.K47, Kalayat, Hisar Road, Kalayat, Tehsil Kalayat, Distt. Kaithal.
- S.E. Uttari Haryana Bijli Vitran Nigam Ltd., Kaithal.
..……..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. B.N.Gupta, Advocate for complainant.
Sh. R.S.Dhull, 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 tubewell electric connection for his poultry farm vide application No.1606 by depositing Rs.9200/- vide receipt No.107256 dt. 08.09.2002 with the Op No.1. It is alleged that after so many visits, the officials of Ops handed over two poles, 50 Kg. wire, one angle, one patti for installation of the electricity connection but they failed to release the electricity connection. 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 written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; that the complainant has concealed the true and material facts from this Forum. The true facts are that the complainant applied with the Ops for getting the small power (Poultry farm) connection and has deposited Rs.9200/- on 08.02.2002, so after got completing all the requisite formalities and got depositing the requisite amount, the Ops issued the connection bearing account No.SS03-41 vide SCO No.18/149 on 29.03.2011 in favour of complainant in accordance with the rules and instructions of UHBVN. However, the complainant is running defaulter of UHBVN from the date of releasing the connection. Upto the month of 7/2015, an amount of Rs.4,87,128/- are due towards the complainant. 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 affidavits Ex.CW1/A, Ex.CW2/A and Ex.CE3/A and documents Ex.C1 to Ex.C11 and closed evidence on 17.03.2016. On the other hand, the Ops tendered in evidence affidavit Ex.R1 and documents Ex.R2 to Ex.R6 and closed evidence on 17.03.2016.
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. From the pleadings and evidence of the parties, it is clear that the complainant has applied with the Op No.1 for an electricity connection for his poultry farm vide application No.1606 SP by depositing an amount of Rs.9200/- vide receipt No.107256. According to complainant, the Ops had handed over two poles, 50 Kg. wire, one angle, one patti for installation of the electricity connection but the Ops failed to provide the electricity connection and install the meter at the premises of the complainant. According to the Ops, after the completion of the requisite formalities and got depositing the requisite amount, the Ops had issued the connection bearing account No.SS03-41 vide SCO No.18/149 on 29.03.2011 in favour of complainant. The Ops further pleaded that the complainant is running defaulter from the date of releasing of the connection and upto the month of 7/2015, Rs.4,87,128/- are due towards the complainant. To prove his case, the complainant has placed on file receipt Ex.C1 of Rs.9200/-, a CD, Ex.C2 showing the material lying at the spot, photographs, Ex.C3 to Ex.C8, notice, Ex.C9 and postal receipts, Ex.C10 & Ex.C11. Besides these documents, the complainant has also placed his affidavit, Ex.CW1/A and two affidavits of other persons namely Sh. Om Parkash and Sh. Ved Pal, Ex.CW2/A and Ex.CW3/A respectively. It is stated in these affidavits that no electric connection was ever installed at the premises of poultry farm of the complainant and transformer, two poles and wires are lying at the spot on the earth. The photographs and CD also shows that the transformer, poles and wires are lying on the earth. On the other hand, the Ops have placed on the file an affidavit of Sh. Manoj Kumar, S.D.O., Ex.R1, photo-stat copies of stores requisition/issue book, Ex.R2 & Ex.R3, a photo-stat copy of abstract of register showing that the connection has been issued as Ex.R4, copy of abstract of ledger, Ex.R5 and a CD, Ex.R6. So far as the matter regarding issue of material for the connection vide stores requisition/issue book, Ex.R2 & Ex.R3 is concerned, the same is not disputed according to the pleadings. The main dispute between the parties is that according to the complainant, the electricity connection was not installed at the spot, whereas according to the Ops, the electricity connection was installed at the spot on 29.03.2011. We have seen both the CDs i.e. Ex.C2 & R6 placed on file by the complainant and Ops by way of playing the same on the computer. The photographs Ex.C3 to Ex.C8 shows that the material was lying at the spot as unused. This fact that the material was lying at the spot as unused is also clear from the CD, Ex.C2 placed by the complainant on the file. From this CD, Ex.C2, it came to the notice of this Forum that the said CD was prepared in March, 2016. On the other hand, the abstract of ledger register, Ex.R5 placed on the file by the Ops, shows that no meter was seen by the Meter-Reader from the very beginning. The Meter-Reader has shown the premises as locked from 12/2011 to 6/2013 and thereafter, the meter was shown not traceable as is clear from Ex.R5. These facts means that the Meter-Reader has never seen the meter installed at the spot. Further, according to the Ops, the complainant is running defaulter from the date of releasing of connection i.e. from 29.03.2011 as the complainant has not deposited any amount. But the Ops have not dis-connected the connection of the complainant till date inspite of complainant being defaulter since 29.03.2011. The complainant had given a notice, Ex.C9 to the Ops on 07.11.2014. Thereafter, the present complaint was filed on 11.05.2015. Inspite of the same, the Ops have not disconnected the connection of complainant. The Ops have even not tried to disconnect the connection in question of the complainant even after the receipt of the notice from the complainant through his counsel namely Sh. Anand Parkash Gupta. The Ops have not placed on the file the copy of S.C.O. (Service connection order) regarding the installation of connection in question which might had been signed by the complainant or any of his family member. The said S.C.O. was very material and necessary to prove that the electricity connection in question had been installed. Even inspite of asking by this Forum, the Ops have not produced the original connection file of the complainant and Sh. Naresh Kumar, J.E. of the Ops have stated at bar that the said file has been misplaced. Thereupon during arguments, ld. Counsel for the complainant made a request that the local commissioner be appointed to see that whether the poles and other material lying at the spot was a used one or not. The Ops also agreed with the same. Sh. Anil Chutani, Adv. accordingly was appointed as local commissioner vide order dt. 19.07.2016 by this Forum with the direction to visit at the spot on the same day i.e. 19.07.2016 at 03.00 p.m. The complainant and Sh. Naresh Kumar, J.E. of the Ops, who were present in the court were also directed to reach at the spot at the time of inspection and so, there was no need of any notice to the parties by the local commissioner. The local commissioner inspected the spot on 19.07.2016 and submitted his report in this Forum on 25.07.2016. Inspite of direction of this Forum, none on behalf of the Ops reached at the spot at the time of inspection by the local commissioner. According to the report of local commissioner, he found two fresh poles, electricity wire and transformer lying on the earth and from bare seeing, it reveals that the same were fresh one and has not been used previously. The local commissioner did not find any electricity meter installed at the spot. As already stated above, the CD, Ex.R6 placed on the file by the Ops has also been seen by this Forum. The CD, Ex.R6 did not prove in any manner that the said electricity connection was installed at the premises of poultry farm of the complainant. Moreover, the transformer shown in the CD of the Ops is of yellow colour, whereas the transformer lying at the spot is not of yellow colour but the same is of other colour, which means that the Ops have prepared the CD of some other connection. The CD, Ex.R6 was prepared on July 1, 2015, as is clear from the CD. The same was not prepared at the time of installation of electricity connection of the complainant on 29.03.2011 or in the year 2011.
6. From the above facts and circumstances of the case, we are of the considered view that the Ops have failed to prove that the electricity connection in question of the complainant was ever installed at the spot and they had only shown the same issued in the papers. Therefore, the Ops had wrongly shown in their record that they had installed the connection in question and issued bill to the complainant, because if the complainant was defaulter from the date of issue of connection i.e. 29.03.2011, then why the Ops had not disconnected the connection of complainant till today. Thus, the connection has not been installed at the spot by the Ops, hence, the question of payment of any bill by the complainant does not arise at all. In these circumstances, the amount shown due against the complainant is illegal, null and void.
7. Thus, as a sequel of above discussion, we allow the complaint and direct the Ops to provide the electricity connection by way of installing the same at the premises of poultry farm of the complainant, which was issued in the papers on the old application No.1606 of the complainant. The previous amount due shown by the Ops against the complainant regarding the connection in question is hereby declared as null and void. No order as to costs. Let the order be complied with within 30 days from the date of communication of this order. 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.02.09.2016.
(Jagmal Singh),
President.
(Harisha Mehta), (Rajbir Singh),
Member. Member.
