Punjab

Faridkot

CC/18/37

Sadhu Singh - Complainant(s)

Versus

PSPCL - Opp.Party(s)

Kulinder Singh Sekhon

03 Apr 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

                                                    C. C. No :                             37 of 2018

Date of Institution :        13.03.2018

Date of Decision :             3.04.2019

 

Sadhu Singh aged about 42 years s/o Jalour Singh r/o Village Thathi Bai Tehsil Baghapurara, District Moga.

                                                             ...Complainant

Versus

1. Punjab State Power Corporation Limited, the Mall, Patiala through its Chairman cum MD.
2. Senior Executive Engineer Operation Division, PSPCL, Kotkapura.
3. Sub Divisional Officer, Operation Sub Division, PSPCL, Bargari, Tehsil Kotkapura, District Faridkot.

.........Ops

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum: Sh Ajit Aggarwal, President,

              Smt. Param Pal Kaur, Member.

 

Present: Sh K S Sekhon, Ld Counsel for complainant,

   Sh Rajneesh Garg, Ld Counsel for OPs.

 

ORDER

 (Ajit Aggarwal, President)

                            

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                                         Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Punjab State Power Corporation Ltd for illegally disconnecting his tubewell connection and for seeking directions to OPs to restore the same and to pay Rs. One lac as compensation for harassment and mental agony suffered by complainant besides Rs.40,000/- as litigation expenses to complainant.

2                                           Briefly stated, the case of the complainant is that complainant is the real owner of tube well connection of 12.5 BHP bearing no.T H/0772 running in his own land and possessed by him. It is submitted that earlier this connection was released in the name of Bakhtaur Singh real uncle of complainant and in 1980-81, his uncle transferred the said connection in the name of Jalour Singh father of complainant and since then, it is in the name of father of complainant and his father was regularly making payments regarding said connection. On 12.01.2008 uncle of complainant died issuless and after his death his estate was wrongly inherited by one Shinder Pal Kaur and Gurmeet Kaur masquerading herself as widow and daughter of Bakhtaur Singh respectively, but in reality his uncle was married to one Sukhdev Kaur who also died and after her death her entire estate was wrongly inherited by said Shinder Pal Kaur and Gurmeet Kaur. Father of complainant also got enhanced the capacity of said tubewell connection from 5 BHP to 10 BHP and later on complainant got enhanced the same up to 12.5 BHP. Father of complainant used the said connection during his life time and

cc no. - 37 of 2018

after his death on 1.07.2008, said connection was transferred in the name of complainant by OPs without any objection and pass book is also issued by OPs in his name. Contention of complainant is that without giving any notice or assigning any reason, OPs have illegally and unlawfully disconnected the said tubewell connection of the complainant. complainant made several requests to Ops to restore the said connection but all in vain, which amounts to deficiency in service and trade mal practice on the part of OPs and this act and conduct of Ops has caused huge financial loss, inconvenience, harassment and mental tension to complainant for which he has prayed for seeking directions to Ops to restore the said connection and also prayed to pay Rs.1,00,000/- as compensation for harassment and mental agony suffered by him besides litigation expenses of Rs.40,000/-. Hence, this complaint.

3                                                   Counsel for complainant was heard with regard to admission of the complaint and vide order dt 20.03.2018, complaint was admitted and notice was ordered to be issued to the opposite parties.

4                                                        On receipt of the notice, the opposite parties filed written statement wherein they have denied all the allegations of complainant being wrong and incorrect and asserted that complainant is not the real owner of connection in question. He has not come to the Forum with clean hands and has concealed the material facts from this Forum. It is averred that connection in question was actually

cc no. - 37 of 2018

issued in the name of Bakhtaur Singh son of Milkha Singh and after the death of Bakhtaur Singh, complainant illegally and putting the OPs in dark, got transferred the said connection in the name of his father Jalour Singh and also got issued pass book regarding said connection from OPs. It is submitted that there is no account no. 772 in the record of OPs and after the death of his father Jalour Singh, complainant got transferred the said connection in his own name by showing the said pass book. This fact came to the notice of Ops on receipt of complaint dated 14.03.2017 made by one Shinder Pal Kaur and in response thereto, letter no.549 dated 26.04.2017 was issued to complainant to which he gave false reply. Thereafter, another letter bearing no.728 dated 26.05.2017 was issued to complainant and JEs of Ops visited and checked the spot and found that complainant has shifted the said connection without the permission of answering Ops. Moreover, FIR No.97 dated 24.10.2017 has also been registered against complainant in Police Station Samalsar, District Moga against complainant for fraudulently getting transferred the said connection in his own name by showing himself the real owner of said connection. It is reiterated that there is no deficiency in service on the part of answering OPs. All the other allegations and allegation with regard to relief sought too were refuted with a prayer that complaint deserves to be dismissed with costs.

5                                               Parties were given proper opportunities        to produce evidence to prove their respective case. Counsel for

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complainant tendered in evidence affidavits of complainant Ex.C-1 and documents Ex C-2 to 9 and closed the same.

6                                     In order to rebut the evidence of the complainant, the opposite parties tendered in evidence affidavit of Balwinder Singh as Ex OP-1 and documents Ex OP-2 to OP-13  and closed the evidence.

7                                        We have heard the ld counsel for complainant as well OPs and have carefully perused the record available on file.

8                                      From the careful perusal of record and evidence produced by complainant as well OPs respectively, it is observed that case of complainant is that tubewell connection in question was earlier in the name of Bakhtaur Singh, who was paternal uncle of complainant. His uncle died issueless and after his death, said connection was  transferred in the name of Jalour Singh father of complainant and after the death of Jalour Singh father of complainant, said connection was inherited and got transferred by complainant in his own name, but without giving any notice, Ops disconnected the said tubewell connection, which amounts to deficiency in service and trade mal practice. Grievance of complainant is that despite repeated requests, Ops did not restore the connection in question. On the contrary, OPs stressed mainly on the point that connection in question was not in the name of complainant, rather it was issued in the name of Bakhtaur Singh and after his death, complainant by misguiding and putting the Ops in dark, got transferred the said

cc no. - 37 of 2018

connection in the name of Jalour Singh his father and also got issued passbook. There is no account no.772 in the record of Ops. As per Ops on receiving the complaint from Shinder Pal Kaur,  Ops verified and checked all facts and found that complainant has manipulated wrong facts and got transferred the said connection from them in his own name and FIR against complainant is also got registered by Shinder Pal Kaur  for fraudulently getting transferred the said connection in his own name. They have rightly disconnected the tubewell connection wrongly owned by complainant.

9                          Ld Counsel for OPs placed on record copy of letter moved by Shinder Pal Kaur wife of Bakhtaur Singh wherein she made complained to Ops that complainant has illegally got transferred the said connection in his own name though being legal heir of Bakhtaur Singh, said connection was required to be transferred in her name. Document Ex Op-6 is reply given by complainant to the letter no. 549 dated 26.04.2017 Ex OP-5 issued by OPs to complainant wherein he again stated wrong facts that there is no other legal heir of his deceased uncle Bakhtaur Singh except him. Further Ex Op-7 is the letter written by OPs to complainant vide which they asked him to produce on record copy of receipt to prove that after the death of Bakhtaur Singh said connection was transferred in the name of  Jalour Singh father of complainant. Ex OP-10 is copy of checking report in which Verifying Official made special note stating that connection in question has been wrongly shifted from its original place to somewhere else without the permission of OPs.

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Copy of FIR No.97 dated 24.10.2017 Ex Op-13 also proves the pleadings of OPs. Ld counsel for OPs have produced sufficient and cogent evidence to contest the allegations of complainant and documents produced by OPs are fully authentic and are beyond any doubt.

10                                          From all these documents, it is clear that it is admitted case of the parties that tubewell connection in question was originally issued in the name of Bakhtaur Singh. Complainant claimed himself the legal heir of said Bakhtaur Singh and as per version of the complainant said Bakhtaur Singh died issue less and his wife Sukhdev Kaur has also passed away. He himself admitted that one Shinder Pal Kaur and Gurmeet Kaur alleging themselves to be wife and daughter respectively of Bakhtaur Singh got transferred the entire estate of Bakhtaur Singh in their names. They also made complaint to Ops to disconnect the electric connection from the name of complainant and transfer the same in their name and on her complaint, the tubewell connection of complainant was disconnected by OPs. Now, it is clear that on one side, complainant claims himself the legal heir of Bakhtaur Singh being his nephew and on the other hand, Shinder Pal Kaur and Gurmeet Kaur claimed themselves as legal heirs of Bakhtaur Singh being his wife and daughter respectively and got inherited the estate of Bakhtaur Singh and on their application, the electric connection was disconnected by Ops. It is clear that there is inheritance dispute regarding the inheritance of Bakhtaur Singh between Shinder Pal Kaur and Gurmeet Kaur on one hand and with complainant on the other hand.

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A Civil Suit is pending regarding inheritance of Bakhtaur Singh in the court of Bagha Purana and FIR to this effect has also been registered against complainant on the complaint of said Shinder Pal Kaur and Gurmeet Kaur for fraudulently getting transferred the connection in his name on the basis of false documents. As dispute is pending regarding inheritance of Bakhtaur Singh who was the original owner of connection in question and on the complaint of Shinder Pal Kaur who is alleging herself to be wife of Bakhtaur Singh, the Ops have rightly disconnected the electric connection in question and there is no deficiency in service on the part of Ops.

10                            In view of the aforesaid facts and circumstances, it is made out that there is no deficiency in service on the part of OPs in disconnecting the tubewell connection in question, as question of inheritance of Bakhtaur Singh original owner of connection is still pending in the Civil Court. They are rightly disconnected the said connection. Therefore, complaint filed by complainant stands hereby dismissed being devoid of any merits. However, there are no orders as to costs. Copy of order be supplied to parties free of cost. File be consigned to record room.

Announced in Open Forum

Dated : 3.04.2019

 

(Param Pal Kaur)        (Ajit Aggarwal)

Member                                  President