DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 673/2016 Date of Institution : 03.11.2016 Date of Decision : 11.07.2017
Ram Muni Chela Sant Muni resident of Patti Road, Street No. 6, Barnala. …Complainant Versus 1. Punjab State Power Corporation Limited through Secretary The Mall, Patiala. 2. Punjab State Power Corporation Limited, through Assistant XEN, Sub Urban, Sub Division, Sanghera, District Barnala. 3. Punjab State Power Corporation Limited through SDO, Sub Urban, Sub Division, Sanghera, District Barnala. …Opposite Parties Complaint Under Section 12 of Consumer Protection Act, 1986. Present: Sh. Anuj Mohan counsel for complainant. Sh. SK Kotia counsel for opposite parties. Quorum.- 1. Shri S.K. Goel : President 2. Ms. Vandna Sidhu : Member 3. Shri Tejinder Singh Bhangu : Member ORDER (SHRI S.K. GOEL PRESIDENT): The complainant Ram Muni Chela Santi Muni has filed the present complaint against Punjab State Power Corporation Limited and others under the Consumer Protection Act (in short the Act). 2. The facts leading to the present case are that the complainant alleged to be the consumer of opposite parties. It is pleaded that the electric connection No. 210013996934 is running in the name of complainant and the electric meter was installed by the opposite parties outside the premises. As per demand by opposite parties he furnished all the requisite documents and paid all the requisite charges for the said connection. He has further alleged that he is paying the rent of the said meter. 3. The complainant has alleged that in the intervening night of 27/28.7.2016 the said electric meter was stolen and the complainant came to know about the same in the morning of 28.7.206 and he immediately reported the matter to the opposite parties at their office. He further stated that he is ready to pay the charges for the new electric meter to the opposite parties but the opposite parties till date has not installed the electric meter. Hence there is deficiency in service on the part of the opposite parties. Hence present complaint is filed seeking the following reliefs.- 1) The opposite parties may be directed to install the new electric meter. 2) To pay compensation of Rs. 50,000/- on account of mental tension and harassment. 3) Any other relief which this Forum deems fit. 4. Upon notice of this complaint, the opposite parties filed a joint written statement taking legal objections interalia on the grounds of locus standi and this Forum has no jurisdiction to decide the present complaint as the matter is of complicated nature. 5. On merits, it is submitted that the opposite party has never installed any meter outside the premises of the complainant on 25.7.2016. Moreover there is no account No. 210013996934 is in the name of the complainant. No power connection was installed at the premises of the complainant. It is further submitted that when no meter was ever installed, there is no question of theft of meter and the whole story has been concocted. They have also denied any negligence on the part of the opposite parties. Moreover there is a dispute between the complainant and one Mahant Rameshwar Dass. The matter is complicated between the rights of the complainant and viz-a-viz the said Mahant Rameshwar Dass and this Forum has no jurisdiction to decide their rights and finally prayed for the dismissal of the complaint. 6. In order to prove his case, the complainant has tendered into evidence his own affidavit Ex.C-1, copy of application Ex.C-2, copy of self declaration dated 2.8.2016 Ex.C-3 and evidence of complainant was closed by order of this Forum. 7. To rebut the case of the complainant, the opposite parties tendered in evidence affidavit of Dharampal Singh SDO Ex.OP-1, copy of letter dated 27.7.2016 Ex.OP-2 and closed the evidence. 8. We have heard the learned counsel for the parties and have gone through the record on the file. 9. Firstly it is to be determined that whether the complainant is a consumer of the opposite parties. 10. To prove this the complainant has placed on record his affidavit Ex.C-1 wherein he has reiterated his case as mentioned in the complaint. However, on the other hand the opposite party has denied the installation of any meter in the name of the complainant in the said premises. Even, the account number as alleged by the complainant is said to be not available in the office of the opposite parties in the name of the complainant. 11. In the complaint the complainant has alleged that he has paid the charges as well as furnished all the documents which are required for the issuance of the electric connection/meter. But it is very stange that he has not placed on record or led any evidence to support this material piece of evidence i.e receipt of any payment to the opposite parties for applying the electric meter. Even, the opposite parties have placed on record one letter Ex.OP-2 addressed to the SDO of the opposite parties by Mahant Rameshwar Dass wherein it is mentioned that the alleged complainant was trying to get the electric connection illegally in his land and plot and therefore, requested the SDO that the same not be released as court case is pending between them. 12. Perusal of the evidence shows that the complainant has miserably failed to prove that earlier he got the electric connection from the opposite parties and the meter was stolen. 13. As a result of the above discussion, there is no merit in the present complaint and same is dismissed. No order as to costs or compensation. Copy of this order be supplied to the parties free of costs. File be consigned to records. ANNOUNCED IN THE OPEN FORUM: 11th Day of July 2017
(S.K. Goel) President
(Vandna Sidhu) Member
(Tejinder Singh Bhangu) Member | 
