| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 192 of 22.5.2018 Decided on: 9.4.2021 Jaswant Singh S/o Harchand Singh village Post Sidhuwal, Patiala. …………...Complainant Versus - Assistant Executive Engineer Operation/Sanchal Sub-Division, P.S.P.C.L Nabha Road Kalyan (Rakhra) District Patiala.
- Pb.State Power Corporation Ltd. through its C.M.D. The Mall, Patiala.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member ARGUED BY Complainant in person. Smt.Neena Kaushal, counsel for OPs. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Jaswant Singh (hereinafter referred to as the complainant) against Assistant Executive Engineer Operation/Sanchal Sub-Division, P.S.P.C.L and another (hereinafter referred to as the OP/s) under the Consumer Protection Act.
Facts of the complaint - Briefly the case of the complainant is that he is an agriculturist and cultivating/ ploughing his land under khewat No.103 khatauni No.180. It is averred that he deposited security of Rs.1500/- with OP No.1 on 2.4.2007 for tubewell connection and more than 11 years have been passed but the connection has not been provided to him by the OPs. It is averred by the complainant that he also got issued one month notice dated 14.4.2018 to the OPs for early installation of AP connection but of no avail.As such there is deficiency of service on the part of the OPs and the complainant has been suffering from mental agony, harassment and financial loss.Hence this complaint with the prayer to accept the same by giving direction to the OPs to provide AP connection of tubewell without any further delay; to pay litigation cost of Rs.5000/-; to pay counsel Fee Rs.5000/- and also to pay compensation of Rs.50,000/- for causing mental agony and harassment.
Reply/Written statement - Upon notice OPs appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that the present complaint is not maintainable and that the complainant is not the consumer of the OPs.
- On merits, it is admitted that the complainant deposited Rs.1500/- on 2.4.2007. It is further submitted that the OPs provide tubewell connections to the applicants who have applied to the office of the OPs and have fulfilled the conditions. It is further submitted that the complainant is not fulfilling the conditions to take the tubewell connection as per notifications No.177/181 dated 13.4.2018 and he is not eligible to take connection because his land is 2.52 acre and he had applied on 2.4.2007.It is further submitted that as per the policy commercial circular no.20/2018/13.4.2018 for connection of land between 2 ½ acre and 5 acre under general category, demand notices for applications upto 31.3.2007 have been issued but the applicant has applied for connection on 2.4.2007 and his land is above 2 ½ acre and less than 5 acre. As such the complainant is not eligible to get the connection as per policy of PSPCL. After denying all other averments, the OPs have prayed for the dismissal of the complaint.
-
- In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C6 and closed the evidence.
- On the other hand the ld. counsel with Sh.Ajaib Singh, Revenue Accountant, PSPCL has tendered in evidence Ex.OPA affidavit of Sh.Ajaib Singh, RA,PSPCL alongwith documents Exs.OP1 to OP4 and closed the evidence.
- Written arguments by the complainant have also been filed. We have gone through the same, heard the complainant and the ld. counsel for OPs and have also gone through the record of the case, carefully.
- The complainant in person has argued that he deposited security of Rs.1500/- for tubewell connection more than 11 years ago but till now the connection has not been issued. The complainant further argued that OPs are repeatedly proclaiming that the State of Punjab is a Power Surplus State but till date the OPs have failed to provide AP connection to the complainant. Hence the complaint be allowed.
- On the other hand, the ld. counsel for the OPs has argued that the complainant is not a consumer as such the complaint is liable to be dismissed. The ld. counsel further argued that admittedly Rs.1500/- was deposited on 2.4.2007 and the connection is only given to the person who fulfilled the conditions to take the tubewell connection but the complainant was not eligible, so the complaint be dismissed.
- To prove the case, the complainant has tendered his affidavit, Ex.CA and he has deposed as per his complaint,Ex.C1 is the receipt in the name of Jaswant Singh for the deposit of Rs.1500/- on 2.4.2007 with the OPs, Ex.C2 is the copy of jamabandi for the land in the name of Jaswant Singh, Ex.C3 is paper cutting,Ex.C5 legal notice.
- On behalf of the OPs Sh,Ajaib Singh, RA, has tendered his affidavit, Ex.OPA and he has deposed as per the written statement,Ex.OP1 is the receipt,Ex.OP2 is rules for giving tubewell connection, Ex.OP3 is notification of PSPCL.
- Admittedly in this case Jaswant Singh is senior citizen and he had applied for electricity tubewell connection on 2.4.2007 and deposited Rs.1500/- as security but till now tubewell connection has not been issued to him. As per the OPs the complainant is not fulfilling the condition to take the tubewell connection as per the notification No.177/181 dated 13.4.2018. It is submitted that demand notices were issued for applications upto 31.3.2007 for connection of land between 2 ½ acre and 5 acre but the complainant has above 2 ½ and less than 5 acre of land. So he is not eligible.
- Admittedly the complainant had deposited Rs.1500/- as security vide receipt, Ex.C1 way back in the year 2007 and till now he has not given the tubewell connection. If the pleadings are to be believed, the OPs are directed to issue the letter to the complainant in detail telling him that he is not eligible for the electric connection and they are directed to refund the amount, and in case he is eligible then they are directed to give him the connection as per his seniority on the completion of all the necessary conditions for granting electricity tubewell connection. So the complaint is partly allowed with no order as to costs and the OPs are directed to give the electric tubewell connection to the complainant if he fulfills the conditions laid down in the PSPCL rules and circulars and if he is not eligible the OPs are directed to refund the amount deposited by the complainant.
Compliance of the order be made by theOPs within a period of 45 days from the date of the receipt of the certified copy of this order. ANNOUNCED DATED:9.4.2021 Vinod Kumar Gulati Jasjit Singh Bhinder Member President | |
