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36, Sector – 4, Panchkula-134109 Telephone No

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36, Sector – 4, Panchkula-134109 Telephone No BEFORE THE ELECTRICITY OMBUDSMAN, HARYANA Haryana Electricity Regulatory Commission Bays No. 33 - 36, Sector – 4, Panchkula-134109 Telephone No. 0172-2572299; Website: - herc.nic.in E-mail: [email protected] Appeal No. : 09/2021 Received on : 12.03.2020 Registered on : 17.03.2021 Date of order : 07.04.2021 In the matter of: - Appeal against the order dated 23.02.2021 passed by CGRF, UHBVN, Kurukshetra in case No. UH/CGRF-272/2020. Smt. Navdeep Wd/o Sh. Bansi Lal, H. No. 890-P, 1st Floor, Sector – 4, Urban Estate, Kurukshetra. Appellant/Complainant Versus UHBVNL and Smt. Choli Devi Wd/o Sh. Prakash Chand, H. No. 890-P, Ground Floor, Sector – 4, Urban Estate, Kurukshetra. Respondents Before: Sh. Virendra Singh, Electricity Ombudsman Present on behalf of Appellant: Adv. Parmender Bhukal Present on behalf of Respondents: Smt. Choli Devi & Sh. Ram Kumar S/O Smt. Choli Devi. Sh. Ranbir Singh Deswal SDO/Op., Sub Division, UHBVNL, Pipli. ORDER Smt. Navdeep Wd/o Sh. Bansi Lal, H. No. 890-P, 1st Floor, Sector – 4, Urban Estate, Kurukshetra. has filed an Appeal against the order dated 23.02.2021 passed by CGRF, UHBVN, Kurukshetra in case No. UH/CGRF-272/2020. The Appellant submitted as under: - 1 1.1 Appeal against the dated 23.02.2021 passed in complaint No. UH/CGRF- 272/2020 whereby the learned Grievance Redressal Forum, UHBVNL wrongly and illegally directs to release the electricity connection in the portion of House No.890, Sector-4, Ground Floor occupied by Smt. Choli Devi, on obtaining indemnity accident in the house, within 15 days of the receipt of the order. PRAYER: For setting aside the impugned order dated 23.02.2021 for acceptance of the present appeal and for restraining the respondents No.2 and 3 from releasing new/second electricity connection in the name of respondent No.1 on the aforesaid premises till the adjudication of the lis regarding authenticity of the Will in question submitted by respondent No.1. 1.2 GROUNDS OF APPEAL: The appellant/respondent most respectfully submits as under: - 1. That the husband of appellant/respondent along with his family was owner in possession of House No.890-P, Sector-4, Urban Estate, Kurukshetra and after the death of Shri Bansi Lal, appellant/respondent along with her children is in possession of the said house. Late Shri Bansi Lal has executed a Will in favor of the appellant during his life time qua the whole House No.890-P, Sector-4, Urban Estate, Kurukshetra. 2. That in the said house, there is one electricity connection bearing No.1830470000 which is already installed in the name of husband of appellant/respondent. 3. That there are several litigations pending before the Civil & Criminal courts qua the residential house No.890 between late Shri Bansi Lal and Shri Ram Kumar Rahul brother of late Shri Bansi Lal. In one of Civil Suit, Bansi Lal has claimed eviction of Ram Kumar Rahul from the portion of ground floor, House No.890, during his life time. He has also taken a stand in the Civil suit that Choli Devi respondent No.1 took side of Ram Kumar Rahul and works as per instigation of Ram Kumar Rahul, so she was having strained relationship with Bansi Lal. 4. That respondent No.1 Choli Devi had applied for getting the second electricity domestic connection installed at Ground Floor. Smt. Choli Devi had procured one forged and fabricated Will dated 14.03.2019 which after death of executant was got registered at Sr. No.112 on dated 11.09.2020, whereas, in this Will there is no detail of earlier will Dated 11.03.2019 2 already executed by executant in favor of appellant/respondent and without notice to the legal heirs. 5. That when the relationship between Choli Devi and Bansi Lal were strained and he has mentioned the said fact in his pleading before the Civil court, then it is not possible for him to execute a will in favor of Choli Devi and that too without mentioning anything qua the Civil Suit. 6. That after knowing about the said forged and fabricated will dated 14.03.2019, the appellant/respondent immediately without any delay challenge the same before Civil Court by filing C.S. No.1052 of 2020 titled as Navdeep Vs. Choli Devi. So, the authenticity of the Will dated 14.03.2019/11.09.2020 submitted by Choli Devi with her application to the respondents is still under challenge before the Civil Court, so during challenge to the said will/pendency of said litigation, no benefit of the will dated 14.03.2019 can be given to Smt. Choli Devi and no new second connection can be released to her for the same premises for which 1st connection is already in existence. After knowing about the said ill-will of Smt. Choli Devi that she has applied to the UHBVN/respondents No.2 and 3 for the release of new electricity connection regarding the house in question, the appellant filed another Civil Suit No.1051 of 2020 titled as Navdeep Vs. Choli Devi & UHBVN etc. with the prayer to restrain the UHBVNL/Nigam from releasing/installing any new/second connection in the house No.890/4 owned and possessed by appellant/respondent in connivance with said Choli Devi forcibly and illegally. In the above said CS/1051/2020, the Hon’ble Court of Ms. Pooja Singla, learned ACJ (S.D.) Kurukshetra and now the same is fixed for 20.03.2021 for filing written statement by defendants/respondents. 7. That in view of the pendency of said civil suit regarding title over House No.890-P, Sector-4, Urban Estate, Kurukshetra as well as pendency of Suit regarding declaration of Will dated 14.03.2019 as illegal, null and void” Smt. Choli Devi is legally not entitled to apply for the new connection on the basis of said illegal will dated 14.03.2019 and even respondents No.2 and 3 are also having no right to issue second connection in a single premises without any prior permission and no-objection by original owner of the property. Moreover, it is settled legal proposition of law that when the 1st will of the executant/deceased is in force, the 2nd is itself has no value until and unless the 1st will is to be declared as Cancelled. 3 8. That Smt. Choli Devi in order to take undue advantage of the illegal and forged Will submitted the same along with her application for releasing new connection. Submissions of false and forged documents to the public authority is itself an offence which is being intentionally committed by said Smt. Choli Devi because the will submitted by her is totally forged and the signature of the executant on this will are procured/forged and same can be verified by sending the Will for getting the opinion from FSL Madhuban, Karnal regarding the authenticity and genuineness of the signature available on the said will as well as on the Driving License, Identity Card of Kendriye Vidyala, Parents Identity Card and Conveyance Deed Form-D dated 29.10.2004 for plot No.890-P. 9. That it is pertinent to mention here that appellant/respondent of her own level sent the disputed will dated 14.03.2019 to the forensic expert, who after examination prepared the report and opined that “disputed signature alleged to be of “Bansi Lal (Bansi Lal Rahul)’ marked by me as X1 from certified copy of will dated 14.03.2019 having registered at Sr. No.112 dated 11.09.2020 is the product of free hand forgery and does not tally with the admitted signature of Bansi Lal (Bansi Lal Rahul) Marked by me as S-1 to S-5 from copy of conveyance Deed “Form-D” dated 29.10.2004 for plot No.890-P, S6(S7) from Driving license having No.HR-720080031112,S8 from Identity Card of Kendriya Vidyalya,S9 from Parent Identity Card and S10 from Original will dated 11.03.2019”. 10. That it further important to bring in the kind notice of respondents No.2 and 3 that earlier the domestic connection was disconnected by the officials of the Nigam due to non-payment of electricity charges. At that time, appellant/respondent requested to said Choli Devi/Ram Kumar Rahul to pay electricity expenses for the consumption of electricity on the ground floor but they refused to pay the same due to which connection was disconnected. Thereafter, under compelling circumstances in order to meet out her requirement, the applicant exclusively deposited the said outstanding amount of Rs.61,943/- with the Nigam. Despite restoration of connection, said Choli Devi/Ram Kumar Rahul have not agreed to pay the electricity charges due to which supply on the ground floor was got disconnected. 11. That in order to bring the aforesaid facts in the knowledge of the respondents No.2 and 3, the appellant/respondent sent a representation dated 17.12.2020 along with 84 documents. 4 12. That Smt. Choli Devi is neither owner nor she took any permission/no- objection from appellant/respondent, so she is having no right to apply for the second connection to respondents No.2 and 3. 13. That it is pertinent to mention here that the in the Civil Suit No.1051 of 2020 in which the appellant has asked the stay from releasing the connection. The learned court vide its order dated 15.01.2021 has held that “defendant No.2 shall be at liberty to proceed as per their rules in this regard.
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