DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.567 of 02-12-2016

Decided on 13-02-2018

Malkit Singh aged about 56 years S/o Dial Singh R/o V. Bati Patti, Chak Attar Singh Wala, Tehsil and District Bathinda.

........Complainant

Versus

1.Punjab State Power Corporation Limited, The Mall, Patiala, through its Chairman.

2.SDO, Punjab State Power Corporation Sub Division, Badal, District Sri Muktsar Sahib. (Deleted)

3.SDO Punjab State Power Corporation Sub Division, Sub Division Sangat, District Bathinda.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Sh.M.P Singh Pahwa, President.

Sh.Jarnail Singh, Member.

Smt.Sukhwinder Kaur Member

Present:-

For the complainant: Sh.M.S Chauhan, Advocate.

For opposite party Nos.1 and 3: Sh.J.P.S Brar, Advocate.

Opposite party No.2: Deleted.

ORDER

M.P Singh Pahwa, President

1. The complainant Malkit Singh (here-in-after referred to as complainant) has filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite parties Punjab State Power Corporation Limited and Others (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainant is that he applied for tubewell connection under AP ARTC scheme for the purpose of irrigating his fields. He deposited an amount of Rs.500/- as security on 21.11.2011. Thereafter opposite parties issued the demand notice. The complainant deposited Rs.2000/- vide receipt No.276/66347 and Rs.69,380/- vide receipt No.278/66347 dated 29.8.2013. At that time, the officials of opposite parties assured the complainant to release the tubewell connection within one month, but no connection has been released to him. He is suffering huge financial loss as he is producing his crops by consuming diesel. He many times requested opposite parties to release the tubewell connection, but to no response.

3. It is further alleged that due to this act, the complainant is suffering from mental tension, agony and loss of physical health. He has also claimed compensation to the tune of Rs.5 lakhs for this loss. He has also prayed for directions to opposite parties to release him tubewell connection. Hence, this complaint.

4. In view of statement suffered by counsel for complainant, name of opposite party No.2 was deleted from the array of opposite parties.

5. Upon notice, opposite party Nos.1 and 3 appeared through their counsel and contested the complaint by filing joint written version. In the written version, opposite party Nos.1 and 3 have raised the legal objections that the complainant has not approached to this Forum with clean hands. He has suppressed the true and material facts from this Forum. He is not entitled to any relief from this Forum.

   As per opposite party Nos.1 and 3, originally, the complainant applied for tubewell connection with opposite party No.2 for taking connection at village Chak Attar Singh Wala, which falls within the jurisdiction of Badal Sub Division and deposited security with it. Thereafter he made an affidavit to the effect that he does not want to take connection at village Chak Attar Singh Wala and he wants to take electricity connection at village Dhunike, which falls within the jurisdiction of Sangat Sub Division. However, in the meantime, National Green Tribunal passed the order of status-quo regarding release of A.P connections. Finally, National Green Tribunal disposed off the matter in the month of September, 2015. After that, as per procedure, opposite party No.2 with proper documents sent the case of the complainant to the higher officials vide letter No.651 dated 25.4.2016 for further action as village Dhunike does not fall within the jurisdiction of Badal Sub Division (opposite party No.2) and it falls within the jurisdiction of Sangat Sub Division (opposite party No.3). Accordingly, the case file was refereed by the higher authority to Sangat Sub Division (opposite party No.3) for further action without any delay. On receipt of case file of the complainant, opposite party No.3 got completed the requisite formalities from the complainant for release of electricity connection. He took time for completing the formalities and completed the formalities recently. The elections in Punjab are in progress. The proposed connection of the complainant shall be released very soon.

6. Further legal objections are that the complaint is premature. It is not maintainable in its present form. The complainant has no locus-standi or cause-of-action to file the complaint. There is neither any deficiency in service nor unfair trade practice on the part of opposite parties. The complaint is bad for non-joinder of necessary parties and mis-joinder of parties. It is false, frivolous and vexatious to the knowledge of the complainant. It has been filed only to harass and humiliate opposite parties.

7. On merits, it is admitted that the complainant applied for electricity connection and deposited security with opposite parties. It is also admitted that the demand notice was issued, which was also complied with by the complainant. In the further written version, opposite party Nos.1 and 3 have reiterated their stand as taken in the legal objections and detailed above. After controverting all other averments of the complainant, opposite party Nos.1 and 3 have prayed for dismissal of complaint.

8. Parties were asked to produce the evidence.

9. In support of his claim, the complainant has tendered into evidence his affidavit dated 16.3.2017, (Ex.C1); photocopies of payment receipts, (Ex.C2 to Ex.C4) and submitted written arguments.

10. To rebut the claim of the complainant, opposite party Nos.1 and 3 have tendered into evidence affidavit of Er.Baljinder Singh dated 24.5.2017, (Ex.OP1/1) and closed the evidence.

11. We have heard learned counsel for parties and gone through the file as well as written arguments submitted by learned counsel for complainant.

12. Learned counsel for parties have reiterated their stand as taken in their respective pleadings and detailed above.

13. We have given careful consideration to these rival submissions.

14. It is admitted that the complainant has applied for electricity tubewell connection. It is admitted that he has deposited the requisite fee. It is also admitted that he has completed all the formalities. As per opposite party Nos.1 and 3, the electricity connection was not released to the complainant due to election process. It is admitted that the election process is already over.

15. In view of what has been discussed above, the complaint is partly accepted with Rs.2000/- with the directions to opposite party Nos.1 and 3 to release the electricity connection to the complainant as per rules regulations and policy applicable.

16. The complaint could not be decided within the statutory period due to heavy pendency of cases.

17. Copy of order be sent to the parties concerned free of cost. As there is shortage of postal stamps. Parties can also collect the copy of order personally/through counsel against receipt. File be consigned to the record room.

    Announced:-

    13-02-2018

    (M.P Singh Pahwa)

    President

     

     

    (Jarnail Singh)

    Member

     

     

    (Sukhwinder Kaur)

    Member