UHBVNL Vs. RAM SARAN

JUDGEMENT

(1.) IN this revision petition, there is challenge to order dated 28.11.2011, passed by Haryana State Consumer Disputes Redressal Forum, Panchkula (short, "State Commission "). Along with it, an application seeking condonation of delay of 30 days has also been filed.

(2.) BRIEF facts are that respondent No. 1/complainant got installed a transformer at his own expenses at the tubewell connection. The said transformer got burnt on 16.3.2011. Despite several requests made to the petitioner/opposite party same was not repaired. Rather respondent No. 1 was informed that transformer in question was purchased by him at his own expenses with the warranty of six years, therefore, petitioner has no concern with it. On being approached, respondent No. 2, (contractor)/OP No. 3 informed respondent No. 1 that warranty of the transformer was for two years. After lapse of the warranty, petitioner is liable to maintain the same. Thus, respondent No. 1 filed a complaint for directing the petitioner to install new transformer at his tubewell and to pay Rs. 50,000 as compensation for mental agony and harassment as well as Rs. 5,000 as cost of proceedings.

(3.) RESPONDENT No. 2 in its written statement has alleged that it had installed the transformer on the tubewell more than two years ago. As per sale circular U -27/2008 of the petitioner, 'upkeep and maintenance of the system beyond the warranty period e.g. replacement of damaged DT after two years, shall be carried out by the petitioner. Thus, answering respondent has no concern with the damages, etc.