BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 272 of 2019
Date of Institution: 28.3.2019
Date of Decision: 09.09.2019
Aditya Vikram Sharma s/o Sh.Desh Deepaik Sharma R/o H.No.1034/1053, Koocha Khrasian, Amritsar. 8054180767 ( M )
Complainant
Versus
- The Punjab State Power Corporation Ltd., through XEN, East Division, Amritsar.
- S.D.O., South Sub Division, Punjab State Power Corporation Ltd. Near Deputy Commissioner Office, Amritsar.
Opposite Parties
Complaint under section 11 & 12 of the Consumer Protection Act, 1986 (as amended upto date).
Present: For the Complainant : Sh.Inderjit Singh Arri, Advocate
For the Opposite Party : Sh. N.S.Sandhu,Advocate
Coram
Ms.Rachna Arora, Presiding Member
Sh.Jatinder Singh Pannu, Member
Order dictated by:
Sh.Jatinder Singh Pannu, Member
1. Aditya Vikram Sharma complainant has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, 1986 on the allegations that the complainant is residing on the address mentioned above and he had purchased one residential house measuring 107.65 Sq.yards and bearing Pvt.No.8, out of Khasra No.60/11/1 Min. situated at Gumtala Sub Urban, Abadi Ranjit Vihar, Loharka Road, Tehsil and Distt.Amritsar from Union Bank of India, Branch Ranjit Avenue, Amritsar vide registered sale deed dated 12.1.2018. The complainant decided to shift his residence from H.No.1034/1053 Koocha Khrasian, Amritsar to Plot No.8, Ranjit Vihar, Loharka Road, Amritsar and at the time of purchasing the property. The complainant applied for new connection under DS category from the opposite party and completed all the formalities and deposited the required fee of Rs.1760/- with the opposite party vide receipt No.212100136960 and Rs.1500/- vide receipt No.212400136350 both on dated 30.1.2019, but connection was not installed in the name of the complainant even after lapse of 2 months and the opposite party gave no sufficient reason for not installing the electric connection. It is further stated that complainant and his family are facing hardship as electricity is the basic amenity, but the official of the opposite parties are not listening to the request of the complainant. It is further alleged that above said action on the part of the opposite party is wrong, illegal and unlawful one and thus opposite party has acted in a most illegal and irresponsible manner. The aforesaid act of the opposite party amounts to deficiency in service as well as unfair trade practice. Vide instant complaint, complainant has sought for the following reliefs:-
(a) Opposite party be directed to install electric meter in the premises of the complainant under DS category;
(b) Compensation to the tune of Rs. 50000/- alongwith litigation expenses to the tune of Rs 11000/- may also be awarded to the complainant.
Hence, this complaint.
2. Alongwith the complaint, complainant has filed his affidavit, copy of sale deed Ex.C-1, copy of sale certificate Ex.C-2, payment receipts ex.C-3 and C-4.
3. Upon notice, opposite party appeared and filed written version in which it was submitted that complainant applied for new connection under DS category from the opposite party. The complainant completed all the formalities and also deposited the required fee. It is further submitted that new electric connection in the premises of the complainant cannot be released as there is outstanding bills against the said premises for which the complainant applied for release of electric connection. It is submitted that a letter bearing memo No.444 dated 28.3.2019 has been issued to the complainant intimating him that there is outstanding amount of Rs. 3,36,260/- against the property where electric connection is sought for where already an electric connection was installed in the name of Shri Gurdeep Singh and that new connection will be released only if the above said payment is made. It is denied that opposite party is guilty of deficiency and negligence in service and is indulged in unfair trade practice due to which complainant has suffered mental pain agony, harassment and inconvenience. It is, therefore, prayed that present complaint may kindly be dismissed.
4. Alongwith the reply opposite party has filed affidavit of Er. Ninder Pal, SDO Ex.OP1, copy of the memo No.444 dated 28.3.2019 Ex.OP2.
5. We have heard the Ld.counsel for the parties and have carefully gone through the record on the file.
6. Ld.counsel for the complainant has vehemently contended that the complainant had purchased one residential house measuring 107.65 Sq.yards and bearing Pvt.No.8, out of Khasra No.60/11/1 Min. situated at Gumtala Sub Urban, Abadi Ranjit Vihar, Loharka Road, Tehsil and Distt.Amritsar from Union Bank of India, Branch Ranjit Avenue, Amritsar vide registered sale deed dated 12.1.2018. After purchase of the said house, the complainant applied for new connection under DS category from the opposite party and completed all the formalities and deposited the required fee of Rs.1760/- with the opposite party vide receipt No.212100136960 and Rs.1500/- vide receipt No.212400136350 both on dated 30.1.2019, but connection was not installed in the name of the complainant even after lapse of 2 months without giving any sufficient reason for not installing the electric connection. Ld.counsel for the complainant contended that due to the act of the opposite party, the complainant and his family are facing hardship as electricity is the basic need, but the official of the opposite parties are not listening to the request of the complainant.
7,. On the other hand Ld.counsel for the opposite party has repelled the aforesaid contention of the Ld.counsel for the complainant on the ground that new electric connection in the premises of the complainant cannot be released as there is outstanding bills against the said premises for which the complainant applied for release of electric connection and in this regard complainant was issued memo No.444 dated 28.3.2019 intimating him that there is outstanding amount of Rs. 3,36,260/- against the property where electric connection is sought for where already an electric connection was installed in the name of Shri Gurdeep Singh and that new connection will be released only if the above said payment is made. But we are not agreed with this plea of the opposite party as the complainant has deposited the requisite fee of Rs. 1760/- and Rs. 1500/- on 30.1.2019 for release of new connection at his newly purchased house and the memo was issued to the complainant on 28.3.2019 intimating the complainant that amount of Rs. 3,36,260/- against the property where the electric connection is sought in the name of Sh.Gurdeep Singh. However, perusal of the sale certificate shows that the complainant has purchased the property from Union Bank of India in an auction. Moreover the opposite party cannot charge the amount of previous consumer from whom the complainant has purchased the property alongwith the electric connection , from the complainant. Reliance in this connection has been placed upon M/s. North East Fertilisers Pvt.Ltd. & Another Vs. Bihar State Electricity Board & Ors 1995(1) Civil Court Cases 578 (Patna) wherein it has been held that Electricity-New Connection-Purchaser of Industrial unit not to be compelled to pay dues of previous owner to get connection. Further reliance has been placed upon Southern Power Distribution Company of Telengana Ltd. Vs. Gopal Agarwal & Ors. 2017(4) RCR (Civil) 710 of the Hon’ble Supreme Court of India wherein it has been held that the connection cannot be denied to auction purchaser on the ground of arrears of the previous owner-Respondent applied for a fresh connection, he is in no way connected to the past owner and he has also not undertaken to pay the past arrears of the previous owner. It has further been held in M/s. S.N. Bajaj Alloys Vs. Punjab State Power Corporation Limited & Ors. 2017(4) Law Heraid (P&H) 3215:2017 of the Hon;ble High Court of Punjab and Haryana that Temporary Electricity connection—Non recovery of old dues—Subsequent auction purchaser is not liable to clear the arrears of electricity charges of the previous owner/consumer.
8. So from the entire above discussion as well as law cited above, it stands proved on record that the opposite party has wrongly and illegally raised the demand of Rs. 3,36,260/- relating to the previous owner vide Memo No. 444 dated 28.3.2019 , from the complainant, as such the same is not sustainable in the eyes of law and is liable to be set-aside.
9. Consequently we allow the complaint and the opposite party is directed to release the electricity connection at the newly purchased house of the complainant for which the complainant has duly deposited the requisite charges on 30.1.2019. As the complainant has been harassed for no fault of his and the electricity is dire need as such the opposite party is liable to pay compensation to the tune of Rs. 5000/- while litigation expenses are assessed at Rs. 3000/-. Compliance of the order be made within 30 days from the date of receipt of copy of this order ; failing which complainant shall be entitled to get the order executed through the indulgence of this Forum. Copies of the order be supplied to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
