TIKKA Vs. UTTARI HARYANA BIJLI VITRAN NIGAM LTD.

JUDGEMENT

(1.) This revision is directed against the order dated 20.11.2003 of Consumer Disputes Redressal Commission Haryana, Chandigarh allowing appeal against the order dated 13.2.2001 of a District Forum and ordering refund of the deposited amount of Rs. 10,000 along with interest @ 10% p.a. by the respondent/opposite party to the petitioner/complainant. The District Forum had allowed the complaint with direction to the respondent to release tubewell connection to the petitioner.

(2.) Petitioner is having 15 acres agriculture land in Gawalra, District Panipat. On 1.5.2000, respondent floated a new scheme for grant of Single Pole and LT Cable connections for tubewells. On opting by the petitioner for cable connection under said scheme, the respondent issued demand notice pursuant to which the petitioner deposited Rs. 10,000 on 3.7.2000 with the respondent. Petitioner alleged that on the assurance of respondent, he spent Rs. 70,000 on bore, hodi, etc. and purchased a meter. On electric connection not being released, the petitioner alleging deficiency in service filed complaint seeking direction to the respondent to release the connection and pay a total amount of Rs. 2.00 lakh by way of compensation under different heads. In the written version, introduction of new scheme w.e.f. 1.5.2000, issuance of demand notice dated 26.6.2000 and deposit of Rs. 10,000 pursuant to that demand notice by the petitioner were not disputed. However, it was alleged that the tubewell Kotha of the petitioner was at a distance of approximately 1663 ft. from the transformer as per the report of the concerned Junior Engineer. Under the Scheme, distance should not exceed 1200 ft. As the petitioner was not eligible under the scheme, he was not released the connection. It was denied that alleged amount of Rs. 70,000 was spent on the assurance given by the respondent.

(3.) Copy of the scheme dated 1.5.2000 (Sales Circular No. 19/2000) issued by the General Manager/Comml. UHDVN, Panchkula is at pages 20 to 23 while that of the letter dated 18.7.2000 from the Supdt. Engineer/Comml. to All EIC/Ces(O.P.)/Ses(OP)/XENs/SDOs(OP)/Jes-I Incharge in Sub-offices in UHBVN is at pages 28 and 29. Only paras 1, 3, 4 and 5(B) of the scheme dated 1.5.2000 are material and the same read thus: