DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.190 of 07-03-2014

Decided on 15-07-2014

Gurvinder Singh # 29252-A, Street No.2, Janta Nagar, City Bathinda-151001.

........Complainant

Versus

1.Punjab State Power Corporation Limited, Bathinda Division, # 313-D & Others, Thermal Colony, City Bathinda-151001, Punjab, through its Executive Engineer.

2.Sub Division Officer, Punjab State Power Corporation Limited, Goniana Mandi, At Turn Nehiwala Road, District Bathinda-151201, Punjab.

3.M.D, Punjab State Power Corporation Limited, Sector 9, Chandigarh, Punjab.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt.Vikramjit Kaur Soni, President.

Smt.Sukhwinder Kaur, Member.

Sh.Jarnail Singh, Member.

Present:-

For the Complainant: Sh.Gurvinder Singh, complainant in person.

For Opposite parties: Sh.Sunder Gupta, counsel for the opposite parties.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The instant complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant applied for 5BHP electricity tubewell connection with load of 3.810 KW and deposited the amount of Rs.1625/- vide receipt No.43 under ordinary 2.5 acre scheme. The complainant is 'Atta Dal' cardholder, a less income farmer earning below Rs.15,000/- per annum. The opposite parties demanded the amount of Rs.68,100/- from the complainant. The complainant has challenged the demand of Rs.68,100/- on various grounds.

2. The opposite parties after appearing before this Forum have filed their joint written statement and pleaded that the true facts are that the complainant has applied for the electricity tubewell connection. The opposite parties issued the demand notice to the complainant as per the rules of Punjab State Power Corporation Limited vide letter No.3517 dated 18.2.2014 whereby they raised the demand of Rs.68,100/- to install/release the electricity tubewell connection to the complainant, but he did not comply with the said demand notice and has been pressurizing the opposite parties to release the electricity tubewell connection without any prior deposit in violation of rules of Punjab State Power Corporation Limited. There is no provision to release the electricity tubewell connection to the applicants without getting deposit of the amount of costs of the said connection from them. Mere holding of yellow card 'Atta-Dal cardholder, by the complainant do not make him entitled to get the proposed connection without compliance of the demand notice. The complainant himself signed the agreement that he shall comply with the terms and conditions for the release of the electricity tubewell connection in his favour and shall pay the requisite amount as estimated/assessed by the opposite parties.

3. The parties have led their evidence in support of their respective pleadings.

4. Arguments heard. The record alongwith written submissions submitted by the parties perused.

5. The submission of the complainant is that he has deposited the amount of Rs.1625/- vide receipt No.43 with the opposite parties for issuance of the electricity tubewell connection under 2.5 acre scheme in ordinary category and is liable to get the same, but the opposite parties raised the demand of Rs.68,100/- from him. The complainant has challenged the demand on various grounds and submitted that he is not liable to pay the said amount.

6. On the other hand the submission of the opposite parties is that they issued the demand notice to the complainant, but he did not comply with the same, he is liable to pay the charges for releasing of the electricity tubewell connection to him. Moreover the complainant has agreed to the same. Mere holding yellow card does not exempt him from complying with the demand notice.

7. A perusal of Ex.OP1/3 shows that the complainant has signed the declaration, in which he has agreed to pay the expenses that will be raised by the Power Corporation from time to time, this document has been duly signed by the complainant. In Ex.OP1/2, it has been specifically mentioned in Para No.19, the English rendering of the same is that he can make compliance of this demand notice by making the payment mentioned in it and can supply the test report on asking of the board. His seniority can be considered from the date of deposit of the amount, but he has to give consent in the proforma enclosed with the demand notice.

A perusal of record shows that the complainant has neither complied with the demand notice nor has given his consent in the proforma enclosed, which was necessary to do as per the rules and regulations of Punjab State Power Corporation Limited. Thus the complainant has failed to comply with the demand notice vide Ex.OP1/2, issued vide letter No.3517 dated 8.2.2014. Moreover the land of the complainant has been attached vide rapat No.311 as shown in jamabandi 2010-11 vide Ex.C25.

8. As discussed above we are of the considered opinion that the opposite parties will consider the case of the complainant for releasing of the electricity tubewell connection keeping in view the attachment of his property, seeing whether as per their rules and regulations the electricity tubewell connection can be issued to the consumer in case his property is attached and furnish those rules to the complainant also. Regarding the demand notice issued to the complainant we are of the considered opinion that the opposite parties have lawfully demanded the amount of Rs.68,100/- from the complainant as per the rules and regulations of the Punjab State Power Corporation Limited, thus in case he will deposit the amount of Rs.68,100/- and found eligible under the rules and regulations of Punjab State Power Corporation Limited, the opposite parties will release him the electricity tubewell connection within next 30 days.

9. Therefore in view of what has been discussed above this complaint is accepted without any order as to cost. The opposite parties are directed to consider the case of the complainant regarding the attachment of his property as per their rules and regulations and are further directed that if the opposite parties find him eligible for the electricity tubewell connection in that case the same be released to the complainant within next 30 days if he complies with the demand notice i.e. in case he deposits the amount of Rs.68,100/- with the opposite parties within 15 days from the date of receipt of the copy of this order.

10. The compliance of the whole order be done within 45 days from the date of receipt of the copy of this order.

11. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:- (Vikramjit Kaur Soni)

15-07-2014 President

(Sukhwinder Kaur)

Member

(Jarnail Singh)

Member