DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA (PUNJAB)
CC No. 297 of 09-07-2010 Decided on : 28-10-2010
Gurnaib Singh aged about 50 years S/o Sh. Sewa Singh R/o village Singo, Tehsil Talwandi Sabo, Distict Bathinda. .... Complainant Versus
Punjab State Power Corporation Ltd., (formerly Punjab State Electricity Board), The Mall, Patiala, through Secretary Executive Engineer, Punjab State Power Corporation Ltd, Sub Division, Talwandi Sabo, District Bathinda. Sub Divisional Officer, Punjab State Power Corporation Limited, Sub Division, Talwandi Sabo, District Bathinda.
..... Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM Ms. Vikramjit Kaur Soni, President Dr. Phulinder Preet, Member Sh. Amarjeet Paul, Member
For the Complainant : Ms. Mandeep Kaur, counsel for the complainant. For the Opposite parties : Sh. R.D. Goyal, counsel for the opposite parties.
O R D E R
VIKRAMJIT KAUR SONI, PRESIDENT
Briefly stated the case of the complainant is that he was holder of domestic connection of the opposite parties. About two years back, he shifted his residence to another location in his village at a distance of 500 yards. He applied for electric connection after depositing due fee and the opposite parties installed electric connection bearing A/c No. B54SG770399P by drawing the cable/wire from its own resources and the residential house of the complainant was given electricity connection from 24 hours supply electricity line of village Singo, District Bathinda. The opposite parties disconnected the supply from 24 hours feeder without any reason and connected the supply to his residential house from electricity line for supply to tube-wells. The officials of the opposite parties removed the electricity cable drawn from the poles to the residential house of the complainant for giving electricity supply and took it with them. The complainant approached opposite party No. 3, asked for the reason for disconnecting supply from 24 hours electricity line and requested to restore the connection but they put off the matter on one pretext or the other and now flatly refused to do anything. The complainant alleged that electricity supply to the line for tubewell is 3 to 4 hours which is also not regular and there is no electricity supply to tube-wells for days together. Hence, this complaint for issuing directions to the opposite parties to restore the electricity connection of the residential house of the complainant from 24 hours electricity line of Village Singo and pay him compensation and cost. The opposite parties filed their joint written reply and pleaded that previously complainant was residing in the residential area of Village Singo where 24 hours supply of electricity was being given but the complainant has shifted his residence in the fields/agricultural land beyond 500 meters from Phirni, wherein 24 hours supply of electricity is not being given and that supply is being given from tubewell line. It has been pleaded that supply to the house of the complainant was not snapped from 24 hours electricity supply line at any time and the official of the opposite parties did not remove the personal wire of the complainant so that question of taking it by them does not arise at all. Parties have led evidence in support of their pleadings. Arguments heard and written submissions submitted by the parties perused. The complainant alleged that his 24 hrs electricity supply was disconnected. He has shifted his residence to another location in his village at a distance of 500 yards from the previous location. He applied for electric connection after depositing the due amount and the opposite parties installed new electric connection in his premises. The opposite parties gave the electricity supply to his residential house from where the supply is being given to tubewells. On the other hand, the opposite parties pleaded in their written statement that previously the complainant was residing in the residential area of the village Singo from where 24 hours supply of electricity is/was being given for residential purposes. As the complainant has shifted in the fields/agricultural land beyond 500 meters from Phirni where 24 hours supply of electricity is not being given and that supply is being given from tube-well line. The opposite parties have placed on file a certificate Ex. R-7 issued by Tehsildar, Talwandi Sabo, in this regard, the English version of the same is reproduced as under :- “As per order, an inquiry has been conducted by visiting village Singo and it has been found that Gurnaib Singh S/o Sewa Singh has got his house Khasra No. 320/1 (15-0) constructed in two kanals of land which is at the distance of approximately 600 karam from the phirni of village and the other person Niranjan Singh S/o Sewa Singh has got his house Khasra No. 368/2 (16-0) constructed in one kanal which is at the distance of approximately 535 karam from the phirni of village whose Khewat account numbers are 283/1163 and 281/1142 respectively. Report is submitted for consideration please.” A perusal of Ex. R-7 shows that the distance from the phirni of the village to the house of the complainant is 600 karams i.e. to Account No. 283/1163. The opposite parties have furnished the estimate/rough sketch to the tune of Rs. 1,36,223.36 vide Ex. R-5 incase the complainant is given supply from Gurdwara Sahib. The complainant has shifted his residential premises in the fields and the distance of his new house as per report of Tehsildar Ex. R-7 is approximately 600 karams. Sales Regulation No. 45 relates to release of connections from 24 hours Urban pattern supply feeders for village. The relevant regulations are reproduced as under :- 45.1 Within Phirni : All categories of metered supply connections (existing/new) falling within the phirni of the village except AP T/wells are covered in the scheme and can be allowed from 24 hours supply feeder by extending supply system through 3-phase HT/LT line. 45.3 Beyond 500 meters of Phirni 45.3.1 Existing connections – Existing consumers including poultry farm connections, except AP tubewells located beyond 500 meters of the phirni shall be entitled for Urban Pattern Supply facility provided they pay the actual cost of works involved in the shifting of supply lines etc., alongwith 16% establishment charges. 24 Hours supply to Poultry farm(s) located in rural areas shall be released at 11 KV supply voltage and consumer shall be required to install his own transformer. Metering will be done on LT side and consumption shall be enhanced by 3% to cover the transformation losses. Existing Industrial Consumers shall be given 24 hours urban pattern supply and metered on 11 KV after shifting. The requisite changes in the system for this purpose shall be made at the consumer's cost. 45.3.2 New Connections : All new single phase or three phase consumers (except AP) without any upper load limit beyond 500 meters of Phirni shall also be required to get the 11 KV line erected at their cost alongwith 16% establishment charges and they shall be required to install their own transformers. The consumer shall have the option to get the supply metered at 11 KV or at LT with 3% transformation charges depending upon the Load. While extending single phase or three phase 11 KV line (including distribution transformer) in all cases, it shall be ensured by Sr. Xen/Op. that this is not misused by AP tube well consumers in any case.” The complainant in para No. 3 of his complaint has alleged that - “.... about fifteen days back, the officials of the opposite parties snapped the electricity connection to the residential house of the complainant from the 24 hours electricity supply line of the village without any apparent cause and connected the residential house of the complainant with the electricity line for supply to tube-wells. The officials of the opposite parties removed the electricity cable drawn from the poles to the residential house of the complainant for giving electricity supply and took it with them.” This fact has been denied by the opposite parties in their written statement. Moreover, the complainant has not produced any evidence on file to prove that initially electricity supply to his new electric connection of house located in the fields was given from 24 hours feeder and later on after disconnecting the same, supply was given from the line from where the supply was given to tubewells. A perusal of record placed on file shows that the house of the complainant is situated outside Phirni at the distance of 600 karms according to the certificate of Tehsildar who is authorised to give such certificate. If any consumer wants to take connection outside the Phirni beyond 500 karams, he can pay the extra charges for that and can get connection from the Urban Line. In the present case, the complainant was getting electricity from 24 hours supply line as his house was within Phirni and when he shifted his house outside Phirni, he is liable to pay the charges as per Regulation No. 45.3.2 of the PSPCL to get the electricity supply from 24 hrs supply line. In view of above discussion, this complaint is accepted. The opposite parties are directed to give the estimate as per rules and regulations with complete details to the complainant within 15 days from the date of receipt of copy of this order and release the electricity supply from Urban feeder to the complainant within 30 days from the date of deposit of the due amount, as per estimate, with the opposite parties.
A copy of this order be sent to the parties concerned free of cost and the file be consigned to record.
Pronounced : 28-10-2010 (Vikramjit Kaur Soni) President
(Dr. Phulinder Preet) Member (Amarjeet Paul) Member
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