NITIKA CEMENTS LIMITED Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) M/s. Nitika Cement Limited have invoked the original jurisdiction of this Commission by filing the present complaint alleging deficiency in service against Haryana State Electricity Board (now H. V. P. N.) and its Officers and claiming Rs.19,90,000/- by way of compensation for the alleged monetary loss, harassment and mental torture suffered by them.

(2.) According to the complainants, their Company is manufacturing Ordinary Port Land Cement with its brand name Shiv Shakti Cement at village Jaspur, Distt. Panchkula. The Company was receiving electricity supply from the H. V. P. N. and has been manufacturing 50 tonnes of cement per day on a connected load of 359.94 K. W. The electricity supply was being provided by the H. V. P. N. on a regular feeder, which was found insufficient by the complainant-Company and to have the expansion of its manufacturing capacity from 50 tonnes to 100 tonnes per day the Company applied for installation of independent feeder from Shahzadpur sub-station to their plant at village Jaspur. Though the application was made on 20th January, 1995 and they had also deposited a sum of Rs.6,16,603/- and material worth of Rs.8 lacs on 16th May, 1995 and according to the revised estimate they were paying further sums also from time-to-time, yet feeder had not been installed by the H. V. P. N. despite promises made from time-to-time. Aggrieved by the inaction of the H. V. P. N. the complainant filed Civil Writ Petition No.7253 of 1997 against the H. S. E. B. before Punjab and Haryana High Court in which the following order was passed : "present : Mr. R. K. Jain, Mr. R. S. Chahar with Mr. Anil Rathore, advocates. Mr. Chahar shows us certificate given by the petitioner to the effect that independent feeder line to his plant has been energised on old connection. Load at 359.94 KW on 14.8.1997. Mr. Jain contended that direction be issued to the respondents to connect the extended load at 754.80 KW to his plant. Mr. Chahar states that steps are being taken to energise the extended load at 754.80 KW. Having heard the learned Counsel for the parties and perusing the paper book. We dispose of this writ petition with a direction to the respondents to connect energised extended load at 754.80 KW to the plant of the petitioner within 60 days from the receipt of the copy of the order.20.9.1997. Sd/-Amarjeet Chaudhary, Judge V/s. S. Aggarwal, Judge. " Despite this, needful was not done by the H. S. E. B. and the investments made by the complainant to the tune of Rs.1,47,96,596/- was proved futile as Company suffered only on interest alone as Rs.42,73,702/-. Therefore, aggrieved by the aforesaid deficiency in service the complainants restricted their claim to Rs.19,90,000/- and have approached this Commission.

(3.) In their reply, the H. S. E. B. has raised preliminary objection that the complainant having already approached the Hon'ble High Court, the present complaint was not maintainable under the Consumer Protection Act. It is further stated that since voluminous documentary evidence would be required to be gone into and the facts of the case being disputed and complicated the complainant-Company should be relegated to seek their remedy before the Civil Court. Later on the parties have in fact produced voluminous documentary evidence running into more than 100 pages.