BEFORE THE ELECTRICITY OMBUDSMAN, Haryana Electricity Regulatory Commission Bays No. 33 - 36, Sector – 4, -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, 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: -

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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

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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.

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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, 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.

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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. In case if any application has been filed by defendant No.1 for the issuance of second/new electricity connection”

14. That thus as per the order, it is the present respondent No.3 SDO, Sub- Division UHBVNL Pipli who has to pass the order as per rules of the UHBVN but still rules have not been considered and no order has been passed by the SDO regarding releasing or not to releasing new connection as per rules. But still no order has been passed by the SDO and the order has been passed by the Consumer Redressal Forum straightway against the order dated 15.01.2021 passed by the Hon’ble Civil Court, Kurukshetra by misrepresenting/misinterpreting the facts and order passed by the Civil court.

15. That in the impugned order, the learned Consumer Grievance Redressal forum, UHBVNL against the law and facts has held that electricity connection is the basic needs of human being thus, they direct the SDO to release the electricity connection.

16. That it shows that the orders were passed on humanitarian ground without assessing and without discussing the rules of UHBVN. In fact, the rules of UHBVNL are very clear in this regard as enshrined in Sale Circular No. U- 30/2016, HERC Regulation No. HERC/34/2016 dated 11.07.2016 and SI No. U-25/2013 that only one connection in one premises are permissible. The second connection can only be issued in the case of lease/rent and that too only after taking no-objection from the owner. In that case, it is to be specially considered and seen that there must be a separate operative entrance and the internal wiring of the premises is separate and it is to be specially seen and considered that there must be a separate unit in duly partition premises, owned and taken on lease/rent. But in this case: -

➢ Admittedly no consent/NOC has been taken from the owner/appellant.

➢ That the premises are neither under rent nor on lease with the respondent No.1. 5

➢ The unit has not been partitioned and is not having separate units.

➢ Neither, there is any registry floor wise.

➢ Even in the forged will dated 14.03.2019, it has not been mentioned as to which portion has been given to whom, thus, the respondent No.1 cannot claim any right on the portion of the ground floor on the basis of forged Will and it is clear that no partition has been done regarding the house in question.

➢ There is no separate internal wire of the premises.

➢ There is no separate operative entrance and bramda.

17. That in view of above submissions it is clear that the above said Rules, regulations and legal preposition has to be satisfied by the respondent No.1 and has to be seen by the respondent No.2 in releasing the connection and if any of the above condition is not satisfied as per the circulars, no electricity connection can be released what to talk about releasing of second connection.

18. That it is crystal clear that in the impugned order dated 23.02.2021/11.02.2021, nothing has been mentioned about the rules and sale circular as mentioned above and without discussion about the rules and regulations and about circulars, straightway direction has been issued whimsically just on the humanitarian ground and just mentioning about the basic need of respondent No.1 discussing and determining the rights of appellant/respondent and without discussing the rules of respondents No.2.

19. That the impugned order dated 23.02.2021 is quite illegal, against the Rules, Regulations, Sale circulars and provisions of Electricity Act and hence the same is liable to be set aside.

20. That the impugned order dated 23.02.2021 was received by the appellant/respondent on 23.02.2021 and as per the said order the appellant has a right to file appeal within the period of 30 days from the date of receipt of the order. Hence this appeal is being filed with the prescribed authority well within limitation.

21. That it is worthwhile to mention here that it has been mentioned in the order dated 23.02.2021 that the implementation of the decision dated 23.02.2021 be intimated to the office within 21 days from the date of its receipt. Thus,

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the respondents No.2 and 3 can implement the order within 21 days at any point of time, which can harm the appellant and in that eventuality the purpose of filing appeal will be defeated. Thus, the matter involved is of emergent nature and immediate order of stay is necessity.

It is therefore prayed that the impugned order dated 23.02.2021 may kindly be set aside by way of acceptance of present appeal and restraining the respondents No.2 and 3 from releasing any new connection in the House No.890-P, Sector-4, Urban Estate, Kurukshetra in the name of respondent No.1 forcibly and illegally without determining the law, facts, rules and regulations, in the interest of justice.

Any other relief to which the applicant/appellant found entitled may also be granted to him, in the interest of justice.

22. The applicant also applied for grant of ad-interim relief and staying the operation of the impugned order dated 23.02.2021 with its appeal. The appeal was registered on 17.03.2021 as an appeal No. 09/2021 and accordingly, notice of motion to the Appellant and the Respondents was issued on 17.03.2021 for hearing the matter on 07.04.2021.

2. The appeal was registered on 17.03.2021 as an appeal No. 09/2021 and accordingly, notice of motion to the Appellant and the Respondents was issued on 17.03.2021 for hearing the matter on 07.04.2021.

3. The Respondent SDO has submitted vide email dated 06.04.2021 as under: -

That Smt. Choli Devi W/o Sh. Parkash Chand R/o H. No. 890-P,Sector-4,Kurukshetra applied for new connection vide application no. K22-920-426 dated 28.09.2020 but the same has been cancelled due to non-submission of no-objection certificate from co-partner and as per objection submitted by Smt. Navdeep W/o Late Sh. Bansi Lal R/o H. No. 890,Sector-4,Kurukshetra through affidavit for non-releasing of connection being joint ownership and also incompliance of Sales Circular No. U- 30/2016 dated 29.08.2016. After that Smt. Choli Devi made a complaint to Hon'ble CGRF Kurukshetra on dated16.10.2020 and accordingly reply was submitted to Hon'ble CGRF Kurukshetra vide this office Memo No.4128 / CGRF / S DC dated 21.10.2020. It is further submitted that a letter Memo No.4916/CGRF/SDC dated 18.11.2020 was forwarded to Tehsildar, Thanesar Kurukshetra and another Memo No. 7

5153/CGRF/SDC dated 02.12.2020 was also forwarded to the Director Forensic Science laboratory, Madhuban, Karnal, Haryana with the request to verify the genuineness of both wills in compliance of Secretary CGRF, UHBVN, Kurukshetra letter Memo No. Ch-18/UH/CGRF/272/2O2O dated 19.11.2020 but Smt. Ram Kumar S/o Smt. Choli Devi refused to submit the original will/vasiyat before the Hon'ble Forum on dated 13.12.2020 in view of this office letter Memo No. 5769/CGRF/SDC dated 13.01.2021 and due to this will/ vasiyat could not be verified from Madhuban Lab, Karnal. It is also submitted that the electric connection in the name of Smt. Choli Devi was released on dated 08.03.2021 vide SCO No. K22-321-11-SCO dated 03.03.2021. in compliance of Hon'ble CGRF letter Memo No. Ch-UH/CGRF-272/2020 dated 23.02.2021 and the same was conveyed to Hon'ble CGRF, Kurukshetra vide this office Memo No. 6713/CGRF/SDC dated 09.03.2021. 4. Hearing was held on 07.04.2021, as scheduled. Both parties were present during the hearing through video conferencing. The counsel for the Appellant briefed the appeal and argued that the order passed by CGRF was not in order and against the law. The electricity connection released to Smt. Choli Devi should be disconnected immediately since she has submitted forged and fabricated Will for electricity connection as examined by the Expert. Smt. Choli Devi argued that the case of property/house dispute is pending before the hon’ble Civil Court Kurukshetra and next date in the case has been fixed in the next month i.e. May 2021. The connection was released as per the direction of the CGRF Kurukshetra in her occupied house. She further requested not to disconnect electricity supply as final view in ownership of the house in question is to be taken by the court. The Respondent SDO submitted that the application of Smt. Choli Devi for the release of new connection was filed earlier on the basis of the application submitted by Smt. Navdeep Kaur regarding the dispute of the ownership of the house, but the connection to Smt. Choli Devi has now been released in compliance with the order of the Hon’ble CGRF, UHBVN Kurukshetra.

5. After going through the foregoing facts and circumstance, it is observed that the Forum directed to release the electricity connection of Smt. Choli Devi on the human grounds as interim measures subject to the final outcome of the court case pending in the Hon’ble court and accordingly, the connection has been released by SDO OP Pipli on dated 08.03.2021. Further, as rest of the matter is sub judice before the Hon’ble court at the present time, I express no opinion on it. The Appellant must await the conclusion of the due legal processes. In the result, the present appeal is dismissed.

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Both the parties to bear their own costs. File may be consigned to record. Given under my hand on this day of 07.04.2021

(Virendra Singh) Dated: 07.04. 2021 Electricity Ombudsman, Haryana

C.C Memo. No. HERC/EO/Appeal No.09/2021/ Dated: -

1. Smt. Navdeep Wd/o Sh. Bansilal, H.No. 890-P, Sector – 4, Urban Estate, Kurukshetra. ( [email protected],) 2. Smt. Choli Devi Wd/o Sh. Prakash Chand, H. No. 890-P, Ground Floor, Sector – 4, Urban Estate, Kurukshetra. 3. The Managing Director, UHBVN, Vidut Sadan, C-16, Sector – 6, Panchkula – 134109 4. The Chief Engineer “Op’, UHBVN, SCO 89, Sector – 5, Panchkula -134109 5. The Superintending Engineer ‘Op’ Circle, UHBVN, Vidyut, Sadan Sector -8 Kurukshetra. 6. The Executive Engineer ‘Op.’ Division, UHBVNL, Sector-8 Kurukshetra. 7. The SDO/Op., Sub Division, UHBVNL, Pipli Kurukshetra.

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